McPhail Cemetery By-Laws
McPhail Cemetery is a non-denominational community cemetery established in 1832. It is licensed to act as a cemetery in accordance with the Funeral, Burial and Cremation Services Act, 2002, (FBCSA). It is our hope that by a co-operative effort, we can keep the cemetery attractive and peaceful.
Definitions:
1.Burial/Interment: The opening of a lot and then the placing of whole human remains or cremated human remains in that lot, followed by closing the lot.
2.By-Laws: The rules and regulations under which the Cemetery operates
3.Care and Maintenance Fund: It is a requirement under the Funeral, Burial, and Cremation Services Act, 2002, that a prescribed amount or percentage of the purchase price ( excluding tax) of all interment rights sold, transferred, assigned or permitted; and prescribed amounts for monuments and markers, be contributed into the care and maintenance fund.
4.Contracts: For purposes of these by-laws, purchasers of all interment or other cemetery supplies and services must receive a copy of the contract they and the cemetery operator have signed detailing the obligations of both parties, and acknowledging receipt and acceptance of the cemetery by-laws, a copy of the Consumer Information Guide and a current price list.
5.Corner Posts: Shall mean any stone or other land markers, set flush with the surface of the ground and used to indicate the location of a lot or plot.
6.Grave: (also known as a Lot) means any in ground burial space intended for the interment of a child or adult or cremated human remains.
7.Interment Right; The right to require or direct the interment of human remains or cremated human remains in a grave or lot and to authorize the installation of a monument or marker.
8.Interment Rights Certificate: The document issued by the cemetery operator to the purchaser once the interment rights to a specific lot have been paid in full, identifying ownership and authority over those specific interment rights.
9.Interment Rights Holder: the person(s) authorized or entitled to inter human remains in a specified lot. They may be the person named in the Interment Rights Certificate or such other person to whom the rights have been assigned.
10.Lot: For the purpose of these By-Laws, a lot is a single grave space.
11.Marker: Shall mean any permanent memorial structure-
General Information
The administration of McPhail Cemetery consists of a Board of Trustees who meet at least 3 times annually, and more frequently upon the call of the Chairperson or any two of the Trustees.
The Board should have at least 5 members, however, at most it may have up to 9. Members shall be elected at the Annual General Meeting. Each director’s position shall continue for a period of three (3) years and shall be renewable for the maximum of four (4) successive terms. Vacant positions may be filled during the year. .
The Cemetery Board of Trustees reserves full control over the cemetery operations and management of land within the cemetery grounds.
1.The Cemetery Board will not be held liable for any loss or damage, without limitation
(including damage by the elements, Acts of God or vandals) to any lot, plot, monument, marker or other article that has been placed in relation to an interment , save and except for direct loss or damage caused by gross negligence of the cemetery.
2.Pets or other animals, including cremated animal remains, are not allowed to be buried on cemetery grounds
3.The Cemetery Board has the right at any time to re-survey, enlarge, diminish, re-plot, change or remove plantings, grade, close pathways or roads, alter in shape or size or otherwise change all or any part of the cemetery, subject to approval of the appropriate authorities.
4.No person may damage, destroy, remove or deface any property within the Cemetery.
5.All visitors shall conduct themselves in a quiet manner that shall not disturb any service being held.
6.No person shall do any work upon a burial lot or monument without the prior permission of the Cemetery Board.
7.The Cemetery Board shall maintain a Price List for cemetery services. It shall be reviewed on an annual basis and updated as required.
8.Decoration Day shall be held on the last Sunday of June at 2:30 pm.
Sales, Transfers and Rights
1.The Cemetery Board shall provide each interment right holder following payment for the lot(s) with the following:
a)A copy of the current Cemetery By-Laws;
b)A signed Certificate of Interment Rights ;
c)A Consumer Information Guide;
d)Current Price List
2.Interment rights (lots) may only be sold by the Cemetery Board.
3.A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the interment rights contract, by providing written notice of the cancellation to the Cemetery Board. All monies paid by the purchaser will be returned.
4.If any portion of the interment rights has been exercised after 30 days, the purchaser, or interment rights holders(s) are not entitled to cancel the contract or re-sell the interment rights.
5.The Cemetery Board prohibits the resale of interment rights to a third party. The Cemetery Board will repurchase these rights from the rights holder or such other person to whom the interment rights have been assigned, at the price listed on the current price list less any care and maintenance contribution amount previously made. The interment rights holder requesting the resale of the rights must return the interment rights certificate and all rights and titles back to the Cemetery Board.
6.Transfers of interment rights cannot be prohibited so long as the purchaser meets the qualifications and requirements of the Cemetery Board.
Burials
1.No more than one casket interment and one cremated remains, or the cremated remains of up to four (4) persons shall be permitted in a single lot.
2.It is highly recommended that all caskets be contained in a concrete vault
3.Remains to be buried in a grave must be enclosed in a container, sealed securely, and of sufficient strength to permit burial with the container remaining intact. The container must be of a size to permit burial within the size of the lot.
4.Notice of each interment is to be made to the Board of the cemetery at least 36 hours previous except under special circumstances.
5.A burial permit or certificate of cremation is required before an interment can take place.
6.There will be no winter interments between the 1st day of December and the 31st day of March. Any changes will be at the Board’s discretion.
7.No interment shall be made on Sundays or statutory holidays except on a doctor’s certificate that burial must be made within 24 hours of death in accordance with the regulations of the Ontario Ministry of Health for control of communicable diseases.
8.Human remains may be disinterred from a lot provided that the written consent (authorization) of the interment rights holder has been received by the cemetery operator and the prior notification of the medical officer of health. A certificate from the local medical officer of health must be received by the Cemetery Board before the removal of casketed remains. A certificate from the local medical officer of health is not required for the disinterment of cremated remains from a lot.
9.The opening and closing of graves may only be conducted by cemetery staff or those designated to do work on behalf of the cemetery.
10.Cremated remains are not permitted to be scattered.
Monuments, Markers, Suppliers and Contractors
1.No monument or other structure shall be permitted on a lot unless fees have been paid in full.
2.Only one (1) upright monument may be erected on a single lot with foundation as required to suit the base. Monuments must be constructed of granite or marble. Artificial stone, concrete and wood are forbidden.
3.Monuments may be of upright construction or level with ground. Bevel markers ( wedge-shaped) may be permitted provided they rest on a granite or concrete pad four to six inches above grade. Pillow type monuments and markers are prohibited. Any concerns should be directed to the Board for clarification.
4. One (1) secondary marker may be allowed on a single lot with a maximum size of 24” x 12”. It is preferred that it be at the base of the existing monument.
5.No monument, marker or memorial of any description shall be placed, moved, altered or removed without permission from the Board.
6.No monument or marker shall be delivered to the cemetery without notifying the Cemetery Board contact. The Cemetery Board will stake out the location.
7.Monuments, markers or memorials on a single lot may have up to a maximum foundation of 36”.
8.Monuments, markers or memorials on a double lot may have up to a maximum foundation width of 55 inches to accommodate the placement of names side by side.
9.Monuments, markers or memorials, may have a maximum height of 48”. Anything over 34” must be 8” thick.
10.Family surnames or scriptures, poetry, prose, etc. will be permitted on the back of upright markers. Interment information may not be placed on the back of any monument unless, the interment rights are owned on both sides of the monument by the same rights holder.
11.Monuments must be placed at the centre of the head end of the lot except where alignment
with existing nearby monuments justifies another location. Approval of the location must be obtained from the Cemetery Board.
DECORATION RULES
McPhail Cemetery Board recognizes that there is significant value to the interment rights holders in decorating cemetery lots. At the same time it has an obligation to provide a safe and visually pleasing environment that still honours the interment site. In the interest of those objectives, it is imperative that the following guidelines be observed:
1.There is to be no placement of trees, shrubs and other memorials such as benches on lots. Should families wish to participate in cemetery beautification, they should contact the Cemetery Board for details.
2.The Board will remove any trees or shrubs, which by means of their roots or branches or in any other way, have become detrimental to the adjacent lots, or prejudicial to the general appearance of the grounds
3.The Board reserves the right to remove all flowers, potted plants, wreaths and baskets of flowers when they become wilted or unsightly, or for any other reasons such removals are in the best interest of the Cemetery.
Stands
4.All flowers must be off the ground - potted and placed in an approved stand. All stands are to be placed at the head of the lot or plot adjacent to the monument. Stands must not block the mower's path or project into the maintenance area. No more than two stands with single pots can be placed on any one lot or plot. Only one saddle is allowed to be fastened upon the monument. The care and maintenance of flowers is the responsibility of the rights holder.
Fresh Cut Flowers
5.Fresh cut flowers may be placed on a lot at the time of interment or to commemorate special occasions. All fresh cut flowers will be removed when their appearance no longer honours the interment site.
Artificial Flowers
6.In order to preserve the proper appearance of the cemetery grounds, artificial flowers are permitted only from April 1st to November 30th of each year. All artificial flowers that become unsightly or have been left beyond November 30th will be removed and discarded by cemetery staff.
Other Decorations
7.Any other items placed on the monument must not interfere with the daily operations and maintenance of the cemetery grounds. Solar powered lights must be off the ground and placed in floral arrangements or pots. Any decoration whose appearance no longer honours the interment site due to condition or damage will be removed.
For Additional Information Contact : Catherine Redden Box 931 Campbellford, K0L 1L0
705-653-2046 credden@reddens.ca