Cemetery By-law

Hours of operation

Visitation Hours: Monday to Sunday, dawn to dusk 
Office Hours: Monday to Friday, 8:30 a.m. to 4:30 p.m.
Burial Hours: Monday to Sunday, 9 a.m. to 4 p.m.

Contact Information

Any persons who have general inquiries or concerns shall contact cemetery operations using the contact information below. No person shall direct inquiries or concerns to staff/contractors working on cemetery grounds.

Haldimand County Cemetery Operations
3-100 Haddington Street
Caledonia ON N3W 2N4
E-mail: facilities@haldimandcounty.on.ca
Phone: 905-319-5932 Ext. 6503

General Conduct

The Corporation reserves full control over the cemetery operations and management of land within the cemetery grounds for those cemeteries under its control.

No person may damage, destroy, remove or deface any property within the cemetery. Any persons found engaging in these behaviours is subject to prosecution and/or cost recovery charges for any required repairs.

All visitors should conduct themselves in a quiet manner that shall not disturb any service being held.

Tariff of Charges

The Corporation has established a tariff of charges to regulate the fees and charges to be paid by persons purchasing interment rights in the cemeteries under its control under the Haldimand County User Fees and Service Charges By-law. Interment fees shall cover the opening and closing of the grave.

By Law Amendments

The Corporation shall be governed by these by-laws and all procedures will comply with the Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulation 30/11, which may be amended periodically.

All by-law amendments must be:

1. published once in a newspaper with general circulation in the locality in which the cemetery is located;
2. conspicuously posted on a sign at the entrance of the cemetery; and
3. delivered to each supplier of markers who has delivered a monument or marker to the cemetery during the previous year, if the by-law or by-law amendment pertains to monuments/markers or their installation.

All by-laws and by-law amendments are subject to the approval of the Registrar, Cemeteries Regulation Unit, Ministry of Consumer Services.

Liability

The Corporation 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, columbarium niche, mausoleum crypt, monument, marker or other article that has been placed in relation to an interment or scattering right, save and except for direct loss or damage caused by gross negligence of the Corporation.

Purchasers of interment or scattering rights acquire only the right to direct the burial of human remains and the scattering of cremated human remains and the installation of monuments, markers and inscriptions, subject to the conditions set out in the cemetery by-laws. In accordance with cemetery by-laws, no burial, entombment, scattering or installation of any monument, marker, inscription or memorialization is permitted until the interment rights have been paid in full. An interment rights certificate will be issued to the interment rights holder(s) when payment has been made in full. The purchase of interment rights is not a purchase of real estate or real property.

The Corporation prohibits the resale of interment or scattering rights to a third party. Interment rights holder(s) wishing the Corporation to re-purchase their interment rights must advise the Corporation of their intention in writing and cannot seek a third-party buyer. The Corporation is not required to re-purchase unused interment rights in a plot (more than one lot) if one of the interment rights in the plot has been exercised. The Corporation is also not required to re-purchase unused scattering rights in a scattering ground if other scattering interment rights in the same scattering ground have been exercised.

Transfer of interment or scattering rights is permitted as long as the purchaser meets the qualifications and requirements as outlined in the cemetery by-laws.

Cancellation of Interment or Scattering Rights within 30-Day Cooling-Off Period:

• A purchaser has the right to cancel an interment or scattering rights contract within thirty days of signing the interment or scattering rights contract, by providing written notice of the cancellation to the Corporation. The Corporation will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation.

Cancellation of Interment or Scattering Rights after the 30 Day Cooling-Off Period:

• Upon receiving written notice from the purchaser of the interment or scattering rights, the Corporation will cancel the contract and issue a refund to the purchaser for the amount paid for the interment or scattering rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the Corporation along with the written notice of cancellation.

• If any portion of the interment or scattering rights has been exercised, the purchaser or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment or scattering rights.

Resale of Interment or Scattering Rights after 30-Day Cooling-Off Period:

• The Corporation prohibits the resale of interment or scattering rights to a third party. Unless the interment or scattering rights have been exercised, the purchaser retains the right to cancel the contract or request that the Corporation re-purchase their interment or scattering rights. Once payment for the interment or scattering rights has been made in full and an interment rights certificate has been issued, the interment or scattering rights holder(s) as recorded on the cemetery records has the right to request that the Corporation re-purchase their interment rights. Any re-purchase of interment rights shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA.

• If any portion of the interment or scattering rights has been exercised, the purchaser or the interment rights holder(s) are not entitled to request that the Corporation re-purchase their interment or scattering rights.

• If a rights-holder(s) wishes the Corporation to re-purchase the interment or scattering rights, they must make the request to the Corporation in writing. The Corporation will re-purchase the interment or scattering rights at the price listed on the Corporation’s current price list less the Care and Maintenance Fund contribution made at the time of purchase. The re-purchase and payment to the rights holder(s)  making the request must be completed within thirty (30) days of the request.

• The interment or scattering rights holder(s) requesting the Corporation re-purchase their rights must return the interment or scattering rights certificate to the Corporation and must endorse the interment or scattering rights certificate, transferring all rights, title and interest back to the Corporation. The appropriate paperwork must be completed before the Corporation will make payment to the rights holder(s).

Care and Maintenance Fund Contributions

As required by Sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, scattering rights and a prescribed amount of $25.00 where there were no scattering rights sold and a prescribed amount for monuments and markers is contributed into the Care and Maintenance Fund. Income from this fund is used to provide only general care and maintenance of the cemetery. Contributions to the Care and Maintenance Fund are not refundable except when interment or scattering rights are cancelled within the 30-day cooling-off period.

Transfer of Interment or Scattering Rights

• Any rights-holder (s) wishing to transfer interment or scattering rights must notify the Corporation in writing specifying the name and address of the proposed transferee and the date of original interment rights purchase. The rights holder(s) must also supply the Corporation with the original Certificate of Interment Rights or signed affidavit of ownership and the required transfer fee.

• A burial permit issued by the Registrar General or equivalent document showing that the death has been registered with the province must be provided to the Corporation prior to a burial, scattering or entombment taking place. A Certificate of Cremation must be submitted to the Corporation prior to the burial of cremated remains or scattering of cremated remains taking place.

• In accordance with the FBCSA, the purchaser of interment or scattering rights must enter into a cemetery contract, providing such information as may be required by the Corporation for the completion of the contract and the public register prior to each burial or entombment of human remains or each scattering of cremated human remains.

• Payment must be made to the Corporation before a burial can take place.

• The Corporation shall be given forty-eight (48) hours' notice for each burial of human remains or scattering of cremated human remains. Saturday, Sunday or statutory holidays are not to be included when calculating forty-eight (48) hours notice. The Corporation will not be responsible for having lots prepared for interments unless sufficient notice is provided.

• The opening and closing of graves, crypts and niches or the scattering of cremated remains may only be conducted by Corporation staff or those designated to do work on behalf of the Corporation.

• Only one (1) vault may be interred in a single lot and a maximum of four (4) cremations are permitted in a single lot.

• Each lot opening must be a minimum of 1.5 m (5’) depth and provide a minimum covering of 0.6 m (2’) of earth over the outside cover of the vault shell or concrete liner.

• Cremated remains may be scattered within designated area(s) as determined by the Corporation.

• Cremated remains are not permitted to be scattered on a grave.

• A scattering rights contract must be completed and the payment of the scattering fee must be received before the scattering of cremated human remains can take place.

• Once scattered, cremated remains cannot be retrieved.

• Human remains may be disinterred from a lot by the Corporation or authorized designate only, provided that the written consent (authorization) from the interment rights holder(s) has been received by the Corporation. A certificate from the local Medical Officer of  Health must be received by the Corporation before the removal of casketed human remains may take place. A certificate from the local Medical Officer of Health is not required for the removal of cremated remains.

• In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder(s) and/or next of kin(s).

• No monument, private mausoleum or other structure shall be erected until the specific design plans have been submitted to and approved by the Corporation including: dimensions, material of structure, construction details and proposed location.

• The Corporation reserves the right to determine the minimum and maximum size of monuments and markers, their number and their location on each (p)lot. They must not be of a size that would interfere with any future interments.

• No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full.

• No inscription, monument, footstone, marker or memorial of any description shall be placed, moved, altered, repaired, cleaned or removed without permission from the Corporation.

• Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear.

• The Corporation will take reasonable precautions to protect the property of interment rights holder(s), but it assumes no liability for the loss of or damage to any monument, marker or other structure or part thereof.

• Should any monument or marker present a risk to public safety because it has become unstable, the Corporation shall do whatever it deems necessary by way of repairing, resetting or laying down the monument/marker or any other remedy so as to remove the risk.

• The Corporation reserves the right to remove at its sole discretion any marker,  monument or inscription which is not in keeping with the dignity and decorum of the cemetery as determined by the Corporation.

• Concrete foundations are required for all monuments and may only be installed under the direction and approval of the Corporation. Any improper installations resulting from incorrect dimensions beyond this allowance will result in the foundation removal and replacement with corresponding costs billed to the person making the request. Foundations must be installed 1.2 m (4’) deep.

• No monument shall be delivered to the cemetery for installation until the monument foundation has been completed and the interment rights holder(s) and/or monument dealer have been notified by the Corporation. No memorial shall be delivered to the cemetery unless the Corporation has been notified and has approved the delivery.

• All monuments and markers shall be constructed of bronze or granite. The Corporation reserves the right to restrict the material used for markers contained in memorial walls. Artificial or perishable materials such as marble, sandstone, limestone or wood are prohibited.

• Openings drilled for vases or other items attached to memorials are prohibited. Any memorials that are not constructed of one formed piece must be adequately sealed and fastened to ensure stability and prevent weather damage.

• When a base and die stone are used, the base shall be of the same material as the die stone. Bases shall not exceed twenty-five percent (25%) of the total height of the monument. All bases must have a rough surface on all sides.

• No inscriptions are permitted on the back of a monument in cemeteries where back-to-back monument placement occurs.

• The upper surface of the marker must be flat with no projections and shall be set flush with the ground.

• Monument and marker dimension requirements:

• Granite markers shall not be less than 10.2 cm (4”) in uniform thickness.

• Bronze markers must be attached to a granite (only) base between 7.6 cm (3”) and 12.7 cm (5”) in thickness. The marker shall not be less than 7.6 cm (3”) or more than 12.7 cm (5”) in thickness. The base must be attached prior to delivery to the cemetery.

• Bronze markers must be cast and secured to the granite base with no less than four anchor lugs of brass or bronze not more than 12.7 cm (5”) across and not less than 9.53 mm (3/8”) in diameter.

• The alloy in bronze markers shall consist of 86-89% copper, 5-6% tin, 1.75% lead and 3.5-5% zinc with no more than 1.5% of other elements. Castings shall be true, free from defects, blemishes or imperfections, with smooth exposed surfaces. Rough, painted or pigmented lacquer finishes/ornamentations are not permitted.

• Corner posts may be placed at the corners of (p)lots measuring no less than 1 m (3’ 4”)  by 3 m (9’ 10”) only. Posts must be placed flush with the ground.

• Seats or benches cannot be installed on (p)lots. Any person wishing to donate a seat or bench with a memorial plaque to be installed in the cemetery must contact the  Corporation for approval. The Corporation will determine the seat, bench or plaque style and will work with the donor to determine a suitable location.

• A portion of the price of interment or scattering rights is trusted into the Care and Maintenance Fund. The income generated from this fund is used to maintain, secure and preserve the cemetery grounds. Services that can be provided through this fund include:
  • Re-levelling and sodding or seeding of lots or scattering grounds
  • Maintenance of cemetery roads, sewers and water systems
  • Maintenance of perimeter walls and fences
  • Maintenance of cemetery landscaping
  • Maintenance of mausoleum and columbarium structures
  • Repairs and general upkeep of cemetery maintenance buildings and equipment

• No person other than cemetery staff shall remove any sod or in any other way change the surface of the burial lot in the cemetery.

• No person shall leave debris in any area of the cemetery. The waste receptacles provided at each cemetery must be used for debris such as weeds, decayed flowers/plants, garbage, etc.

• The Corporation is not responsible for the loss of or damage to any portable articles left upon any (p)lot.

• No person shall plant trees or shrubs in the cemetery except with the approval of the Corporation. Any person wishing to donate trees, shrubs or other permanent plantings, must contact the Corporation for approval. The Corporation will work with the donor to determine a suitable location. No person shall remove or alter trees, flower beds or shrubs on cemetery grounds without the approval of the Corporation.

• Trees or shrubs situated in any lots which have become detrimental to adjacent lots, drains, roads or walkways by means of their roots or branches, which negatively affect the general appearance of the cemetery, that are diseased or pose a safety hazard may be removed by the Corporation.

• Flower beds are permitted to be planted on (p)lots without prior approval, however are not permitted in cremation sections of any cemetery managed by the Corporation. On (p)lots where monuments have been erected, flower beds must be planted 35.6 cm (14”) directly in front of the monument.  If no monument has been erected, flower beds may be planted in the area normally used for the monument.

• No person shall place a glass-encased flower arrangement on a lot.

• Flowers placed on a grave for a funeral shall be removed by the cemetery staff after a reasonable time to protect the sod and maintain the tidy appearance of the cemetery.  All vases, urns and flower stands not properly cared for or not filled with plants before  May 31st may be removed by the Corporation. Any flower arrangements, wreaths or receptacles that are unsightly, unsuitable or not maintained to an acceptable standard may be prohibited or removed by the Corporation without notification.

• No person shall erect borders, fences, railings, walls or hedges in or around (p)lots.

• The Corporation reserves the right to regulate the articles placed on (p)lots that pose a threat to the safety of all interment rights holder(s), visitors to the cemetery and Corporation employees, prevents the Corporation from performing general cemetery operations or are not in keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and disposed of without notification.

• No persons under the age of 16 shall enter cemetery property unless attended by an adult responsible for their conduct, care and control or until permission to enter has been obtained from the Corporation.

• No personal shall permit domestic animals under their care or ownership to enter or remain in any cemetery.

• No person shall carry or consume alcoholic beverages, conduct a picnic or play any game/sport on cemetery grounds.  Any persons found disturbing the peace and order of a cemetery by noise or improper conduct may be expelled from the grounds.

• No person shall organize/conduct a parade on cemetery grounds without permission from the Corporation. Such requests must be sent to the Corporation in writing and shall outline details such as location, date, time and purpose.

• No person shall offer a gratuity or reward to an employee of the Corporation for any personal service or attention.

• Prior to the start of any said work, contractors must provide proof of:
  • WSIB coverage
  • Occupational Health and Safety compliance standards
  • AODA Accessible Customer Service Form for Contractors
  • Environmental Protection
  • WHMIS
  • Evidence of liability insurance meeting the Corporation’s insurance requirements
• All cemetery by-laws apply to all contractors and all work carried out by contractors within the cemetery grounds.

• Contractors, monument dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the Corporation.

• No work will be performed at the cemetery except during the regular business hours of the Corporation.

• Contractors shall temporarily cease all operations if they are working within 100 m (328’) of a funeral until the conclusion of the service. The Corporation reserves the right to temporarily cease contractor operations at their sole discretion if the noise of the work being performed by the contractor is deemed to be a disturbance to any funeral or public gathering within the cemetery.

• Contractors, monument dealers and suppliers must place wooden planks of an appropriate width and thickness, on burial lots and walkways for any vehicles/equipment to drive over in order to protect the ground surface from damage.

• All contractors, monument dealers and suppliers shall ensure no materials are delivered to the cemetery until the contractor is ready to proceed with the work.

• Only the Corporation may open and seal crypts for entombments. This applies to the inside sealer and the crypt front.

• To ensure quality control, desired uniformity and standard of workmanship, the Corporation reserves the right to inscribe all crypt fronts or install all lettering, vases, adornments or any other approved attachment.

• Photographs are permitted and must conform to the design, material and standards of the building.

• Only the Corporation may open and seal niches for interments. This applies to the inside sealer and the niche front.

• To ensure quality control, desired uniformity and standard of workmanship, the Corporation reserves the right to inscribe all niche fronts or install all lettering, vases, adornments or any other approved attachment.

• No person other than Corporation staff shall remove or alter niche fronts.