By-Laws
THE CARRYING PLACE ANNEX
CEMETERY BOARD BY-LAWS 2023
These by-laws are the rules and regulations that govern The Carrying Place Cemetery Annex in accordance with the Registrar, Funeral, Burial and Cremation Services Act 2002 (FBCSA), Bereavement Authority of Ontario (BAO).
PREFACE
The Carrying Place Cemetery Annex, located at 21960 Loyalist Parkway is the property of the Carrying Place Annex Cemetery Board. It was formerly operated by the Carrying Place Cemetery Board. The original pioneer cemetery was turned over to the Quinte West Cemetery Board.
The pioneer cemetery was established in the early 1800’s. The date of the first burial is unknown, however, it is known that Asa Weller built the first brick house nearby in 1810.
During the first years this cemetery was operated by the local school board. The 4-acre cemetery became the final resting-place of the area’s first settlers. In time the control and operation of the cemetery was transferred to the Carrying Place Cemetery Board with Mr. Gus Scarlett as Chair and Mr. George Vincent as Secretary/Treasurer.
As the number of residents in the area grew there was pressure to increase the size of the cemetery. Accordingly a plot of land 1 km north at 21960 Loyalist Parkway was purchased. This annex was opened for burials in 1962. Mr. Dirk Zwart served as the Cemetery caretaker from 1962-1975. In 1975 his son, Gerald Zwart, assumed the position of Cemetery Caretaker and still fills that role.
Following the death of Mr. Gus Scarlet and the retirement of Mr. George Vincent in 2016 a new cemetery board was established and the Carrying Place Cemetery Annex Board directs the operations of the Carrying Place Cemetery Annex. The pioneer cemetery at Carrying Place is now under the responsibility of the Municipality of Quinte West.
Two columbarium were installed in December 2017 to meet the growing requests for cremation niches.
The Carrying Place Cemetery Annex is licensed to act as a Cemetery in accord with the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) and Ontario Regulation 30/11 and 184/12 (O. reg. 30/11 and 182/12).
ADMINISTRATION
The Carrying Place Annex Cemetery Board maintains full and complete control and management of the land, buildings, plantings, roads, books and records of the cemetery and has complete authority to administer these by-laws.
The caretaker shall have custody of the cemetery under the direction of the Board. No internment or removal of bodies or remains shall take place without notice to the Caretaker, and he/she shall see that a proper burial permit or other certificate required by law are furnished to him/her in each instance.
The Carrying Place Cemetery Annex Board shall take reasonable precautions to protect the property of Internment Rights Holders but they assume no liability or responsibility for the loss of, damage to, or any resulting injury from any article of any type that is placed on any lot or plot.
A. DEFINITIONS
Burial/interment: The opening of a lot and the placing of human remains or cremated human remains in that lot, followed by closing the lot. The lot may be a grave in the ground or a niche in a columbarium.
By-laws: The rules and regulations under which the Cemetery operates.
Care and Maintenance Fund: It is a requirement under the FBCSA and BAO. Reg. 30/11 and 184/12 that a prescribed amount or a percentage of the purchase price of all interment rights sold, transferred, assigned or permitted: and prescribed amounts for monuments and markers, is contributed into the Care and Maintenance Fund. If no scattering rights are sold but scattering is permitted, a prescribed amount must be contributed to the fund when the scattering is conducted. Interest earned from this fund is used to provide care and maintenance of lots, plots, markers and monuments at the cemetery.
Cemetery means land set aside to be used for the interment of human remains.
Cemetery Manager shall mean the person authorized by the Board to oversee the day-to-day operation of the Cemetery. May also be referred to as the Cemetery Operator.
Cemeteries Act means The Funeral Burial and Cremation Services Act, 2002 (FBCSA) and BAO Regulations 30/11, the current legislation regulating the bereavement sector.
Columbarium means a structure above ground with a number of specifically identified compartments designed for interment of cremated human remains.
Contract: For purposes of these by-laws, all purchasers of interment rights must receive a copy of the contract they and the cemetery operator have signed detailing the obligations of both parties. The contract also acknowledges receipt and acceptance of the cemetery bylaws, a copy of the Consumer Information Guide and the Price List.
Corner Posts: Shall mean any stone or other land marker set flush with the surface of the ground and used to indicate the location of a lot or plot.
Cremated Remains (cre-mains): The ashes of a person after the cremation process in a crematory.
Cremation Lot: A grave space solely for the purpose of burial of cremated remains in the earth.
Grave: (also known as a lot) is any in-ground burial space intended for the interment of a child, adult, or cremated human remains.
Interment Right: The right to require or direct the interment of human remains or cremated human remains in a grave, lot or crypt and to authorize the installation of a monument or marker.
Interment Rights Certificate: The document issued by the cemetery operator to the purchaser once the interment rights have been paid in full, identifying ownership and authority over those specific interment rights.
Interment Rights Holder: The person(s) authorized or entitled to inter human remains in a specified lot. They may be the persons named in the Interment Rights Certificate or such other person to whom the rights have been assigned.
Lot: for the purposes of these by-laws, a lot is a single grave space.
Marker: Shall mean any permanent memorial structure monument, plaque, headstone, cornerstone or other structure or ornament affixed or intended to be affixed to a burial lot, mausoleum crypt, columbarium niche or other structure or place intended for the deposit of human remains. A marker may be used to indicate the location of a burial.
Niche: An individual compartment in a columbarium for the entombment of cremated human remains.
Plot: For the purpose of these by-laws, a plot means two, or more, lots in respect to which the rights to inter have been sold as a unit.
Transfer: The exchange of the name of an Interment Rights Holder to that of another person as a gift.
B. GENERAL INFORMATION
Hours of Operations:
Visitation hours: Sunrise to Sunset.
Burials and interments: Monday to Saturday 8 AM to 4PM
Seasonal closures: January 1 to April 1. Weather may influence these dates.
General Conduct:
The cemetery reserves full control over the cemetery operations and management of the land within the cemetery grounds.
No person may damage, destroy, remove or deface any property within the Cemetery.
The cemetery is open from sunrise to sunset.
By-Law Amendments:
The cemetery shall be governed by these bylaws, and all procedures will comply with the FBCSA, 2002 and BAO Regulation 30/11 and 184/12, which may be amended periodically.
All by-law amendments must be:
a. published once in a newspaper with general circulation in the locality in which the cemetery is located
b. conspicuously posted on a sign at the entrance of the cemetery
c. delivered to each supplier of markers who has delivered a marker to the cemetery during the previous year, if the by-laws or by-law amendment pertains to markers or their installation.
d. All by-laws and by-law amendments are subject to the approval of the Registrar, FBCSA, and BAO.
Liability:
The cemetery operator 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, monument, marker or other article. Save and except direct loss or damage by gross negligence of the cemetery.
Public Register:
Provincial legislation –Section 110 of Ontario Regulation 30/11 requires all cemeteries to maintain a public register that is available to the public.
Pets or Other Animals:
Pets or other animals, including cremated animal remains, are not allowed to be buried on cemetery grounds.
Right to Re-Survey:
The Cemetery has the right at any time to re-survey, enlarge, diminish, re-lot, change or remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all or any part of the cemetery. Change is subject to approval of the appropriate authorities.
Resale and Transfer of Interment Rights:
Interment rights holders shall first offer the interment rights to the cemetery operator. If the cemetery operator does not wish to repurchase the interment rights, the interment rights may be sold to a third party. Price may not exceed the current price listed on the cemetery price list. Sale must be conducted through the cemetery operator and the purchaser must meet the qualifications and requirements as outlined in the cemetery operator’s by-laws.
C. CANCELLATION OR RESALE OF INTERMENT RIGHTS
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. Purchasers of interment rights holders acquire only the right to direct the burial of human remains and the installation of monuments, markers and inscriptions, subject to the condition set out in the cemetery by-laws. An interment rights holder wishing to resell their interment rights may advise the cemetery operator of their intention prior to seeking a third party buyer.
Cancellation of Interment Rights within 30 Day Cooling-off Period:
A purchaser has the right to cancel an interment rights contract within thirty (30) days of signing the contract. Notice of cancellation to the cemetery operator must be given in writing. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation. The interment rights certificate must be returned to the cemetery operator at the time of the request.
Resale of Interment rights after 30 Day Cooling-off Period:
The purchaser retains the right to cancel the contract or resell the interment rights. Resale of the interment right shall be in accordance with the requirements of the cemetery by-laws.
If any portion of the interment rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to re-sell the interment rights.
Permit resale of interment to a third party:
All re-sales of interment rights must be carried out through the cemetery operator.
Care and Maintenance Fund Contributions:
It is a requirement under the FBCSA and BAO.Reg 30/11 and 184/12 that a prescribed amount, or a percentage of the purchase price, of all interment rights sold, prescribed amounts for monument or markers is contributed to the care and maintenance fund. Contributions to the care and maintenance fund are not refundable except when the interment rights are cancelled within the 30-day cooling off period.
Requirements for re-sale of interment rights:
The Interment Rights Holder(s) who intend to sell their rights shall provide the cemetery operator with the interment rights certificate, endorsed by the current rights holder.
Once the endorsed certificate and all required information has been received by the cemetery operator from the rights holder(s), the cemetery operator will issue a new interment rights certificate to the third party purchaser. The cemetery operator may charge an administration fee for the re-issuance of a duplicate certificate in accordance with the cemetery price list.
The cemetery operator does not prohibit the resale of the interment rights and may repurchase the interment rights from the rights holder(s). The cemetery operator may negotiate a purchase price as long as the seller acknowledges being aware of the cemetery operator’s current price list for interment rights.
If any portion of the interment has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or re-sell the interment rights.
D. BURIAL OF HUMAN REMAINS
Interment rights holder(s) must provide written authorization prior to a burial taking place. Should the interment rights holder be deceased, authorization must be provided by the person authorized to act on behalf of the interment rights holder in keeping with the Succession Law Reform Act i.e. Personal Representative, Estate Trustee, Executor or next of kin.
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 cemetery operator prior to a burial taking place. A Certificate of Cremation must be submitted to the cemetery operator prior to the burial of cremated remains.
Payment must be made to the cemetery operator before a burial can take place.
The cemetery should be given 48 business hours of notice for each burial of human remains.
The cemetery staff may only conduct the opening and closing of graves and niches or those so designated by the cemetery operator.
An adult traditional grave measuring four (4) feet by ten (10) feet may contain only one full burial interment but may, in addition, contain the cremated remains of four (4) other persons. Alternatively a grave may contain the cremated remains of up to six (6) persons provided these are not interred in special cremation vaults.
Human remains may be disinterred provided that the written consent (authorization) of the interment rights holder and prior notification of the medical officer of health has been received by the cemetery operator. The cemetery operator must receive a certificate from the local medical officer of health before the removal of human remains may take place. A certificate from the local medical officer of health is not required for the disinterment of cremated remains from a lot, or niche, or the removal of cremated remains from the cemetery.
In special circumstances the removal of human remains may also be ordered by certain public officials without the consent of the interment rights holder and/or next of kin(s) as per FBCSA, Section 102.1.
The cemetery will not do any Sunday, Statutory Holiday or Christmas day interments unless ordered to do so by a representative of the Ministry of Health.
E. MEMORIALIZATION
No memorial or other structure shall be erected or permitted on a lot until all charges have been paid in full and approval is obtained from the cemetery operator. (care and maintenance as well as location staking/flagging fee may be involved)
No monument, footstones, marker or memorial of any description shall be placed, moved, altered or removed without permission from the cemetery operator.
Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered normal wear and tear.
The interment rights holder owns memorials, monuments, markers, plaques etc. and the cemetery operator is not responsible for their loss or deterioration. Memorials of value should be protected by the interment rights holder’s own insurance coverage.
The cemetery operator reserves the right to determine the maximum size of monuments, their number and their location on each lot or plot. They must not be of a size that would interfere with any future interments.
All foundations for monuments and markers shall be built by, or contracted to be built for, the Monument Company at the expense of the interment rights holder. Foundations must be poured four feet deep and cured for a minimum of 48 hours. Care and maintenance fees are to be paid to the cemetery operator.
Should any monument or marker present a risk to public safety the cemetery operator shall do whatever it deems necessary by way of repairing, resetting or laying down the monument or marker or any other remedy so as to remove any risk.
A monument or other structures shall be erected only after the cemetery operator has approved the design plans.
Only one monument shall be erected within the designated space on any lot.
The minimum thickness for flat markers including footstones is 10cm.
Flat markers or footstones are to be flat and set level with the grounds so that a lawnmower can pass safely over them.
All monuments and markers shall be constructed of bronze or natural stone.
No monument shall be delivered to the cemetery for installation until the monument foundation has been completed.
Single traditional burial lots may have two flat markers flush with the ground: Max size 30” x 14”.
A double width plot may have three markers flush with the ground or one upright monument and two flat markers: Max size 36” x 18”.
Cremation lots may have two flat markers flush with the ground or one upright monument and one flat marker: Max. 30” x 14”.
Cremation lots 4’ x 5’ may have one flat marker flush with the ground: Max. 30” x 14”.
F. CONTRACTOR/MONUMENT DEALER
Any contract work to be performed within the cemetery requires approval of the interment rights holder and the cemetery operator before the work begins.
No work will be performed at the cemetery except during the regular business hours of the cemetery.
Contractors will temporarily cease operations if they are working at the time of a funeral until the conclusion of the service.
Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to prevent surface damage.
G. CARE AND PLANTING
A portion of the price of interment 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.
Only cemetery staff shall remove any grass or change the surface of a burial lot or plot.
The cemetery is for FLOWERS ONLY. They may be real or artificial flowers. Planting of borders of plots or lots is prohibited.
Flowers may be planted within one foot of either side or the front of the headstones.
Flowers may be placed on a grave for a funeral. The cemetery staff shall remove flowers left after the funeral following a reasonable time to maintain a tidy appearance.
Vases, urns and flower stands not properly cared for and are not filled with plants by June 30th in any year may be removed from the lot. Any stand, holder, vase or other receptacle for flowers deemed unsightly or unsuitable may be prohibited or removed by the cemetery operator.
The height of existing shrubs shall at no time exceed the height of the monument and all foliage shall not obstruct adjacent lots. All existing trees and shrubs growing within any lot not being maintained may be removed or altered by the cemetery operator.
If any existing trees or shrubs situated in any lot shall become by means of their roots or branches or in any way detrimental to the adjacent lots or the appearance of the ground, the cemetery operator may remove such trees, shrubs or parts thereof.
H. ITEMS THAT ARE PROHIBITED
The cemetery reserves the right to regulate the articles placed on lots, or plots, that pose a threat to the safety of all interment rights holders or visitors to the cemetery. Cemetery employees may remove items that prohibit them 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.
Articles made of potentially hazardous materials such as glass, ceramic, corrosive metals, loose stones, sharp objects, trellises, arches, chairs or benches, railings or borders are some of the prohibited articles.
Memorial wreaths may be placed in the cemetery. In order to prepare grounds for spring, wreaths must be removed by April 1 for spring ground preparation. They may be removed by cemetery staff and disposed of without compensation.
The following items are not allowed in the cemetery. Cards, notes, letters, plaques, statues, ornaments, pictures, toys, balloons, stuffed animals, rocks, money, jewelry, wind chimes, and other memorabilia. Holiday decorations will be allowed for one (1) month only. No more than two (2) solar lights are permitted.
I. COLUMBARIUM
Payment must be made to the cemetery at the time of purchase of a niche.
Two cremation urns are permitted per niche .
To ensure quality, desired uniformity and standard of workmanship all niche inscriptions are to be completed by Heritage Monuments in Rossmore.
Only the cemetery operator may open and close niches for interments.
No decorations are to be affixed to the exterior of a columbarium or niche. Decorations may be placed in the general area of a columbarium.
No fraternal or service club insignias will be permitted.
J. CEMETERY VISITORS
Visitors are always welcome at the Carrying Place Cemetery Annex during open hours.
No parades, other than funeral processions, or Military Remembrance Day services, shall be admitted to or be organized within the cemetery without the operators permission.
Visitors entering the cemetery do so at their own risk and waive any claims to redress from the operator through accidents while in the grounds.
Vehicles within the cemetery must not exceed 15 km/h.
No ATV’s (all terrain vehicles) or snowmobiles shall be allowed in the cemetery.
No picnics or parties shall be permitted in the cemetery grounds.
Dogs or other pets shall be allowed in the cemetery only if restrained by an appropriate leash and accompanied by their owners, who shall be responsible for clean up after the animal “stoop and scoop”.
Any person disturbing the quiet and good order of the cemetery by noise or other improper conduct will be expelled from the grounds.