Cemetery Bylaws

ISLAMIC CEMETERY OF LONDON

License #4701181

BYLAWS

TABLE OF CONTENTS

Section A: DEFINITIONS

Section B: BY-LAWS PERTAINING TO GENERAL INFORMATION

Section C: BY-LAWS FOR THE SALE AND TRANSFER OF INTERMENT RIGHTS

Section D: BY-LAWS PERTAINING TO MEMORIALIZATION

Section E: BY-LAWS PERTAINING TO CARE AND PLANTING

Section F: BY-LAWS OUTLINING ITEMS THAT ARE PROHIBITED AND PERMITTED

Section G: CONTRACTOR/MONUMENT DEALER BYLAWS

 

These by-laws are the rules and regulations that govern the Islamic Cemetery of London and have been approved by the Registrar of Cemeteries, Funeral, Burial and Cremation Services Act, 2002 (FBCSA), Cemeteries Regulations Unit, Ministry of Government and Consumer Services. The Islamic Cemetery is located at 6100 White Oaks Road, London and its offices are located at 951 Pond Mills Rd, London.

A. DEFINITIONS

Burial: The opening and closing of an in ground lot or plot for the disposition of human remains.

By-laws: The rules and regulations under which the Cemetery operates.

Care and Maintenance Fund: It is a requirement under the FBCSA that a percentage of the purchase price of all Interment Rights, and set amounts for marker installations is contributed into the Care and Maintenance Fund. Income earned from this fund is used to provide care and maintenance of plots, lots, and markers at the Cemetery.

Contract: For purposes of these by-laws, all purchasers of interment rights must sign a contract with the cemetery, detailing obligations of both parties and acceptance of the cemetery by-laws.

Grave: (Also known as Lot) means any in ground burial space intended for the interment of a child, adult or human remains.

Interment Right: The right to require or direct the interment of human remains in a grave or lot, and direct the associated memorialization.

Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the interment rights have been paid in full, identifying ownership of the interment rights.

Interment Rights Holder: Any person designated to hold the right to inter human remains in a specified lot.

Lot: For the purposes of these By-Laws a lot is a single grave space.

Marker: Shall mean any permanent memorial structure that is set flush and level with the ground, and used to mark the location of a burial lot.

Monument: Any permanent memorial projecting above the ground installed within the designated space to mark the location of a burial or lot.

Plot: For the purposes of these by-laws, a plot is a parcel of land, sold as a single unit, containing multiple lots.

Vault: Shall mean a structure designed and used for the containment of human remains buried within a single grave.

 

B. GENERAL INFORMATION

Type of operation:

The Islamic Cemetery of London is a lawn cemetery for the interment of human remains in accordance with the traditions of the Muslim Faith. Therefore, scattering of cremated remains, above ground monuments, crypts, or niches are not permitted.

Hours of Operation:

Visitation Hours: daily between 9:00 AM and 5:00 PM

Office Hours: Mon to Friday 9:00 AM to 5:00 PM

Burial Hours: By appointment.

General Conduct:

The cemetery reserves full control over the cemetery operations and management of land within the cemetery grounds.

No person may damage, destroy, remove or deface any property within the Cemetery.

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

By Law Amendments:

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

 

All by-law amendments must be:

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

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

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, marker, or other article that has been placed in relation to an interment right save and except for direct loss or damage caused 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 during regular office hours.

Pets or Other Animals:

Pets or other lower 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-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.

Notice of Resale and Transfer of Interment Rights:

The cemetery operator permits the interment rights holder to sell or transfer their interment rights to a third party, at no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the cemetery operator and the purchaser meets the qualifications and requirements as outlined in the cemetery operator’s by-laws.

C. BY-LAWS FOR THE CANCELLATION OR RESALE OF INTERMENT RIGHTS

Purchasers or interment rights holders acquire only the right to direct the burial of human remains and the installation of markers and inscriptions, subject to the conditions set out in the cemetery by-laws. In accordance with cemetery by-laws, no burial, or installation of any 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. An interment rights holder wishing to resell their interment rights shall advise the cemetery operator of their intention prior to seeking a third party buyer for their interment rights.

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 interment rights contract, by providing written notice of the cancellation to the cemetery operator. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation.

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

  • Upon receiving written notice from the purchaser of the interment rights, the cemetery operator will cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) 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 cemetery operator along with the written notice of cancellation.
  • If any portion of the interment 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 Rights after 30 Day Cooling-Off Period:

  • Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or re-sell the 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 rights holder(s), as recorded on the cemetery records, has right to re-sell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA.
  • 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.

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 and a prescribed amount for 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 rights are cancelled within the 30 day cooling off period.

Resale of interment rights to a third party:

NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE CEMETERY OPERATOR.

 

  • The interment rights holder(s) intending to sell their rights shall provide the following documents to the cemetery operator so that the operator can confirm the ownership of the rights and provide the third party purchaser with a the required certificate etc.:
  1. an interment rights certificate endorsed by the current rights holder
  2. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available
  3. any other documentation in the interment rights holder(s) possession relating to the rights.
  4. Transfer fees as set out in the Cemetery Price list.
  • The third party purchaser will be provided with the following documents by the cemetery operator :
  1. an interment rights certificate endorsed by the current rights holder
  2. a copy of the cemetery’s current by-laws
  3. a copy of the cemetery’s current price list
  4. if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available
  5. any other documentation in the interment rights holder(s) possession relating to the rights
  • The cemetery operator will require:
  1. require a statement signed by the rights Holder(s) selling the interment rights acknowledging the sale of the interment rights to the third party purchaser
  2. require confirmation that the person selling the interment rights is the person registered on the cemetery records and that they have the right to re-sell the Interment rights
  3. record the date of transfer of the interment rights to the third party;
  4. the name and address of the third party purchaser(s)
  5. a statement of any money owing to the Cemetery Operator in respect to the Interment Rights.
  • 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.
  • Upon completion of the above listed procedures, and upon the issuance of the new interment rights certificate, the third party purchaser or transferee(s) shall be considered the current interment rights holder(s) of the interment rights, and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by-laws and the FBCSA.
  • The cemetery operator may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the cemetery operator’s current price list.
  • The cemetery operator does not prohibit the resale of an interment rights and may repurchase the interment or scattering rights from the rights holder(s) if the cemetery operator so desires and may negotiate a purchase price so long as the seller acknowledges being aware of the cemetery operator’s current price list amounts for interment and scattering rights.

 

D. BYLAWS PERTAINING TO MEMORIALIZATION

  • The cemetery is designated as a “lawn cemetery” and as such, no markers or any monuments may protrude above ground beyond grass cutting level.
  • All markers shall be purchased through the cemetery operator from qualified suppliers and their design and inscriptions shall conform to Islamic Religious Principles and Guidelines.
  • No memorial shall be erected or permitted on a lot until all charges have been paid in full.
  • No marker or memorial of any description shall be placed, moved, altered, or removed without permission from the cemetery operator.
  • Minor scraping due to grass/lawn maintenance is considered to be normal wear.
  • The cemetery operator will take reasonable precautions to protect the property of interment rights holders, but it assumes no liability for the loss of, or damage to, any marker, or other structure, or part thereof.
  • All foundations and installation of markers shall be carried out by the cemetery operator at the expense of the interment rights holder.
  • Should any marker present a risk to public safety because it has become unstable, the cemetery operator shall do whatever it deems necessary by way of repairing, resetting, or laying down the marker or any other remedy so as to remove the risk.
  • The cemetery operator 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 cemetery’s board.
  • In keeping with the cemetery by-laws only one marker shall be erected within the designated space on any lot.
  • The minimum thickness for flat markers including footstones is 4 inches or 10 cm.
  • All markers shall be constructed of natural stone (i.e. granite).
  • No marker shall be delivered to the cemetery for installation until the marker design and inscriptions have been approved by the interment rights holder(s).
  • For uniformity and ease of maintenance, the cemetery allows one-size granite markers to be placed on individual graves. No double lot markers are allowed.
  • Single lot marker size: 20 in. (L) x 12 in. (W) x 4 in. (H)

E. BYLAWS PERTAINING TO CARE AND PLANTING

  • 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:

o Re-levelling and sodding or seeding of Lots grounds

o Maintenance of cemetery roads, sewers and water systems

o Maintenance of perimeter walls and fences

o Maintenance of cemetery landscaping

o 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 plant trees, flower beds or shrubs in the cemetery except with the approval of the cemetery.
  • 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.

F. BYLAWS OUTLING ITEMS THAT ARE PROHIBITED AND PERMITTED

  • 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, visitors to the cemetery and cemetery employees, prevents the cemetery 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.
  • The cemetery reserves the right to disallow or remove quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery.
  • Artificial flowers and wreaths containing wires or glass are prohibited.
  • Loose stones or any objects that in the opinion of the operator may constitute a hazard to staff, visitors or equipment are prohibited.

G. CONTRACTOR/MONUMENT DEALER BYLAWS

  • Any contract work to be performed within the cemetery requires the written pre-approval of the cemetery operator before the work may begin. Pre-approval includes but is not limited to: landscaping, delivery of monuments and markers, inscriptions, designs, drawings, plans and detailed specifications relating to the work, proof of all applicable government approvals and permits, the location of the work to be performed. It is the responsibility of all contractors to report to the cemetery office and provide the necessary approvals before commencing work at any location on the cemetery property.
  • Prior to the start of any said work, contractors may be required to provide proof of:
  • WSIB coverage
  • Occupational Health and Safety compliance standards
  • Environmental Protection
  • WHMIS
  • Evidence of liability insurance of not less than $ 1.0 Million.
  • All cemetery by-laws apply to all contractors and all work carried out by contractors within the cemetery grounds.
  • Contractors, dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the cemetery operator.
  • No work will be performed at the cemetery except during the regular business hours of the cemetery.
  • Contractors shall temporarily cease all operations if they are working within 100 meters of a funeral until the conclusion of the service. The cemetery 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, dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage.

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