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ISLAMIC CEMETERY REGULATIONS

ISLAMIC CEMETERY REGULATIONS

These regulations were made to help ensure the preservation and the proper operation of the Islamic Cemetery. They reflect accepted principles of cemetery management and the enforcement of the bylaws all in compliance with the Cemeteries Act and current license.

SECTION A – DEFINITIONS

  1. “Corporation” means the Islamic Cemetery of London which is a non-for-profit corporation registered in Ontario.
  2. “Cemetery” means land owned, controlled and managed by the corporation and approved by the Ministry for the burial of human remains.
  3. “Certificate” means the certificate issued by the corporation to the purchaser of burial rights.
  4. “Section” or “Block” means an area of the cemetery that is designated by name, number and/or letter.
  5. “Grave” means a defined area of ground which has been set apart for the burial of one or more human remains.
  6. “Lot” or “Plot” includes “Grave”.
  7. “Lot Owner” means the owner of rights of burial in a grave or in a lot and comprises only the person listed in the records of the cemetery as owning such rights or the next-of-kin or legal representative of such person.
  8. “Marker” means a memorial plaque, set flush with the surface of the ground.
  9. “Ministry” means the Ministry of Consumers and Commercial Relations of Ontario.
  10. “Perpetual care trust fund” means that fund in which are invested all monies received by the corporation for the perpetual care of the lots.
  11. “Tariff of rates” means the corporation’s prices in effect from time to time as approved by the corporation board of directors.

 

SECTION – B GENERAL ADMINISTRATION

  1. The operation of all Ontario cemeteries is governed by the Cemeteries Act. Section 61 of that Act reads as follows:
      • “61 – (1) No person shall,
            • Willfully destroys, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed in the cemetery, or any fence, railing or other work for the protection or ornament of a cemetery, or of any such tomb, monument, gravestone or other structure or of any lot in the cemetery;Willfully destroy, cut break or injure any tree, shrub or plant in the cemetery, or willfully injure, destroy or deface any building or structure or any road, walk or other works in the cemetery;
            • Play at any game or sport in the cemetery;
            • Discharge firearms in a cemetery, except at a military funeral;
            • Willfully and unlawfully disturb persons assembled for the purpose of burying a body in the cemetery; or
            • Commit a nuisance in a cemetery.

        (2) Every person who contravenes any of the provisions of subsection 1 is guilty of an offence and on summary conviction is liable to a fine of not less than $4 and not more than $40.

(3) No person shall bring any dog, goat or cattle within the limits of the cemetery, and every person so doing is guilty of an offence and on summary conviction is liable to a fine of not more than $20.

(4) Every person who contravenes subsection 1 or subsection 3 is also liable in an action in the name of the owner of the cemetery or of a burial plot upon which the damage is done or other lawful act committed to pay all damages occasioned by this unlawful act and, when recovered, the damages shall be applied under the direction of the owner of the cemetery for the operation and reconstruction of the property destroyed.”

      1. Subject to the laws of the Province the corporation, for the benefit of all lot owners and the community, reserves full and complete supervision, control and management of the land, buildings, plantings, roads, utilities, books and records of the cemetery and complete authority, right and privilege to administer and enforce the following regulations.
      2. If enforcement of any regulations might cause hardship and Provincial law would not be contravened, the corporation may make exceptions to, or modify such regulation without notice but no such measure shall be construed as limiting the general application of these regulations.

SECTION C – SALES AND TRANSFERS OF LOTS

      1. Each purchaser of a lot shall be entitled to receive a certificate for the lot when all charges for the lot have been paid.
      2. A transfer or assignment of any lot shall be effective only when the same has been recorded on the books of the corporation.
      3. Notice sent to the lot owner at the latest address on file with the corporation shall constitute sufficient notification. The lot owner is responsible for notifying the corporation of any change in his address.

SECTOPM D –BURIALS AND DISINTERMENTS

      1. Before each burial the corporation shall be furnished with a written order giving the deceased’s name, address of last residence, date of death and place of death together with the name and address of the deceased’s next-of-kin or legal representative, the time at which the funeral will arrive at the cemetery, the name of the funeral director, the location of the lot to be used and the type and dimensions of the outer case.

 

The order shall be signed by the lot owner who will be responsible for all charges. Charges are due and payable at the time of the burial order is given and must be paid before the burial takes place unless other arrangements acceptable to the corporation are made in advance.

      1. Except with the corporation’s prior written permission only tents, artificial grass, lowering devices and other equipment furnished by the corporation shall be used in making burials and disinterments.
      2. Not more than one burial shall be made in any single grave except if a child of the lot owner was double depth buried. The first interment in a double depth grave must be made at the lower level.
      3. No burial shall take place except in the presence of a corporation staff member designated by the corporation.
      4. The funeral director or another responsible person shall retain custody of the casket or other container until it is delivered to the corporation’s representative at the lot or the mosque as the case may be.
      5. No casket or container may be reopened without a court order or without the written consent and in the presence of the legal representative of the deceased.
      6. The corporation may require the supplier of a burial vault to install it under the direction of the corporation.
      7. Prior to accepting custody as specified in regulation D5, the corporation is not liable for any delay in the burial and, following acceptance of custody, shall not be liable for any delay caused by circumstances beyond the control of the corporation.
      8. Remains which have been interred previously and which are to be buried in a grave must be delivered to the cemetery in a casket, vault or other container sealed securely, containing no water, and of sufficient strength to permit burial with the container remaining intact.

SECTION E –CEMETERY OPERATIONS AND MAINTENANCE

      1. All work within the cemetery including burials, disinterments, construction, maintenance of lawns, plantings, markers, equipment and structures and, subject to regulations D7, installation of vaults shall be performed only by the corporation.
      2. Subject to the approval of the Ministry, the corporation shall have the right at any time to re-survey, enlarge, diminish, re-plot, grade, alter in shape or size or otherwise to change all or any part of the cemetery.
      3. The corporation retains the right of passage over every grave so that cemetery operations may be performed effectively.
      4. The corporation is not required to replace plants, shrubs, or trees which have been damaged or destroyed except by its own negligence.

 

SECTION F –DECORATIVE AND COMMEMORATIVE DEVICES

      1. Only natural cut flowers and winter wreaths may be placed by lot owners.
      2. The corporation reserves the right to remove deteriorated or excessive quantities of wreaths or flowers.
      3. Any article or device, which is detrimental to the maintenance or constitutes a hazard to machinery, cemetery staff or the public, or any article or device which, in the reasonable opinion of the corporation, is unsightly or does not conform with the natural beauty or design of the cemetery, may be removed by the corporation from any grave.
      4. The cemetery is licensed as a “lawn cemetery” and no object may be placed above the cutting level of the lawn mowers.

SECTION G – MARKERS

      1. All markers shall be of granite, mounted flush with the ground and installed in positions specified by the corporation.
      2. Markers shall be as supplied by the corporation and of size and colors available. All installation and maintenance of the markers shall be by the corporation.
      3. Text and fonts may vary in size and type but may not contain Quranic verses or any of the Holy names.
      4. Only one marker may be installed on a lot.
      5. Markers may not be removed or relocated without the permission of the corporation and upon payment of set fees.

SECTION H – PROTECTION AND SECURITY

      1. The corporation will take all reasonable precautions to protect markers and other property of the lot owners from loss or damage but it is not responsible for loss or damage occurring for reasons beyond the control of the corporation including loss or damage by the elements, Act of God, thieves, vandals, strikers, or by order of any military or civil authority.
      2. The income received from the perpetual care trust fund will be expended first for the care of lots and, secondly, for the maintenance of paths, roads, fences, drains, waterworks, and buildings used exclusively for burial purposes. The corporation will expend the income in accordance with legislations and in such manner as will be most advantageous to the lot owners.