BYLAW NO A Bylaw relating to the operation and maintenance of Cemeteries

Transcription

1 TOWN OF CRESTON BYLAW NO Consolidated to January 12, 2004 A Bylaw relating to the operation and maintenance of Cemeteries Whereas Council may, by bylaw, develop, improve, regulate, operate and maintain cemeteries inside or outside of the municipality; NOW THEREFORE The Council of the Town of Creston in open meeting assembled, enacts as follows: 1. In this Bylaw unless the context otherwise requires, BYLAW ENFORCEMENT OFFICER means the person appointed by Council as the Bylaw Enforcement Officer for the Town of Creston. "CARETAKER" shall mean the person(s) duly appointed from time to time as Caretaker(s) of the Cemeteries of the Town of Creston. "CEMETERY" shall mean and include any parcel or tract of land owned, used or maintained by the Town of Creston as a cemetery, inside or outside of the Municipality. "CLERK" shall mean the person duly appointed as such from time to time by the Council. "COUNCIL" shall mean the Council of the Town of Creston. "MAYOR" shall include the Acting Mayor. "MEDICAL HEALTH OFFICER" shall mean the person duly appointed from time to time by the Council as Medical Health Officer for the Town of Creston. "MINISTER" shall mean the Minister of the Executive Council of the Government of British Columbia charged with the Administration of the Municipal Cemetery and Funeral Services Act. "NON RESIDENT" shall mean other than a resident of the Town of Creston. POLICE OFFICER means and includes any member of the Royal Canadian Mounted Police. "RESIDENT" shall mean a person who at the time of death resided in the Town of Creston for a period of one year or owns property within the Town of Creston. "SUPERINTENDENT OF PUBLIC WORKS" shall mean the Works Superintendent and/or the Assistant Works Superintendent of the Town of Creston. "TOWN" shall mean the Town of Creston. "TREASURER" shall mean the person duly appointed as such from time to time by the Council. The use of words signifying the masculine shall include the feminine. 2. The following lands owned, operated, or maintained by the Town have been set aside and used for cemetery purposes: (1) Forest Lawn Cemetery - Legally described as -- Those parts of Block 25, and Parcel "A" (D.D I) of Block 26 of Lot 812 K.D. Plan 730A lying West of a line which bisects the

2 Page 2 of 14 Northerly and Southerly boundaries of the said Blocks, and that part of Block 25 of Lot 812 K.D., Plan 730A, lying East of a line which bisects the Northerly and Southerly boundaries of the said Lot. (2) Pioneer Cemetery - Legally described as -- Town of Creston Pt. 2.9 acres DL 525, GI Plan 693B. 3. A copy of the plans of the cemeteries shall be filed with the Ministry of Attorney General and copies shall also be kept available for public inspection in the Municipal Office and at such other places as may be deemed necessary. LICENCE TO USE THE CEMETERY 4. The Council may by agreement with a society, church, or other organization reserve a section of the cemetery to be used exclusively for the interment of deceased members of the society, church, or other organization. No person shall be issued with a licence to use grave space in the reserved section, unless his application to the Town is accompanied by a certificate from the society, church or organization stating that he, or the person on whose behalf he may be acting, is entitled to burial in the reserved section. All licences issued and services rendered by the Town under these conditions shall be subject to payment at the regular rates as set out in Schedule "B", which is attached to and forms a part of this bylaw. 5. The Council may grant to any person, paying the required fees and subject to the terms ofsection 4, a licence in the form of Schedule "A", "Cemetery Licence/Interment Permit" (which is attached to and forms a part of this Bylaw), for the exclusive use by him or his executors or administrators, of any one or more grave spaces which may be vacant in the cemetery. 6. The Council reserves the right to refuse to sell the use of more than two grave spaces to any one individual. 7. (1) If the holder of a licence to use and occupy grave space in the cemetery shall at any time desire to dispose of or transfer to another person his right to use and occupy grave space in the cemetery, he shall first furnish the Clerk with full particulars of the name, address, occupation or other description of the person to whom such disposal or transfer is desired to be made, and the consideration to be paid therefore. (FORM I) (2) If the Licence to be transferred relates to a grave space located in an area reserved under an agreement made between the Council and an organization pursuant to Section 4, the requirements of Section 4 shall apply to the person to whom the transfer is be made. (3) Upon receipt of the transfer fee prescribed in Schedule "B" to this Bylaw and upon compliance with the requirements of this Bylaw by the licence holder and the person to whom the licence is to be transferred, the Clerk shall process the desired transfer. (4) If the holder of a licence to use and occupy grave space in the cemetery shall at any time desire to give up said licence and return the use of the grave space to the municipality, the Treasurer shall reimburse that person an amount equal to 75% of the fees established for a grave space, excluding the Care Fund Contribution, under the bylaw of the municipality current and existing at the time the request for reimbursement is made. 8. All licences issued for use of grave space in the cemetery shall be subject to the provisions of this Bylaw. FEES AND CHARGES

3 Page 3 of (1) The fees for interment, disinterment, use of grave space, care of graves, and charges for goods offered for sale by the Town for use in the cemetery, and any other cemetery fees shall be those set out in Schedule "B". (2) The fees set out in Schedule "B" shall be paid at the Town Offices at the time of application for a licence and at the time of purchasing any goods or services sold by the Town in connection with the operation of the Cemeteries. 10. In cases of poverty, the Council may consider and decide on applications for the remission of fees in whole or in part, and in any such case the Council may remit such fees in whole or in part. PERMISSION TO INTER, EXHUME, AND CREMATE 11. No body other than a deceased human body shall be interred in a cemetery and no interment of a body shall be made until a permit to inter the body has been obtained from the Town and the fee for Interment has been paid to the Town. 12. All permits for interment of deceased persons in the cemetery shall be in the form of Schedule "A" - Cemetery Licence/Interment Permit". 13. All applications for a permit to inter in the cemetery must be made to the Clerk at the Town Offices during regular office hours, at least forty-eight (48) hours prior to the interment date and time, and in emergency situations, as per Section 16 of Bylaw Bylaw # Any person who makes application for an interment permit, or who requires an interment to be made, shall furnish the Clerk with a statement of the name, age, date of death of the deceased, date and time of funeral, whether or not death was caused by infectious disease designated in Section 21 (2), and such other information as may be reasonably required. 15. No person shall be granted a permit to inter in an area of the cemetery which has been reserved by the Council under the provisions of Section (1) In cases where the body of a person who dies having an infectious disease must be buried within thirty-six (36) hours of death under the requirements of Section 21, and throughout the thirty-six (36) hours immediately following such death the Town's offices are closed, permission to inter in the cemetery shall be obtained from the Superintendent of Public Works, but in no case shall a person who dies having an infectious disease be buried without the consent of the Medical Health Officer. (2) The Cemetery Caretaker or the person who performs a burial under the conditions of subsection (1) of this section shall furnish the Clerk full particulars of the interment, and the representative of the deceased shall furnish the Clerk with full details of the deceased as required by Section 14 hereof. (3) The information required to be given to the Clerk under the terms of subsection (2) of the section shall be made and furnished to the Clerk as soon after such interment as the Town Offices are opened. 17. No deceased person interred in the Cemetery shall be exhumed without a written order being first obtained from the proper authority in accordance with the requirements of the "Cemetery and Funeral Services Act" and the presentation of such order to the Clerk.

4 Page 4 of No person shall cremate or bury a deceased person within the area of jurisdiction of the Town of Creston except as so authorized under the terms of the "Cremation Act" and "Cemetery and Funeral Services Act". INTERMENT IN THE CEMETERY 19. No body shall be interred in the cemetery except in compliance with and subject to the provisions of this Bylaw. 20. The holder of a licence to use and occupy grave space in the cemetery shall not allow or permit an interment to be made in the grave space to which the licence refers, nor shall he transfer or dispose of the said grave space to another person, group or organization unless such interment, transfer, or disposal shall be made pursuant to and subject to the provisions of this Bylaw. 21. (1) If the body of a person who died while suffering a communicable disease, is to be buried in the cemetery, any instructions given by the Health Officer respecting the interment shall be fully and carefully followed by those who perform the interment. (2) Where the body delivered to the cemetery for interment is subject to direction of the Medical Health Officer the person delivering the body to the cemetery shall inform the Caretaker. 22. (1) Each interment in the cemetery shall be made in a grave dug to a depth sufficient to provide for not less than three feet of earth between the upper surface of the coffin or grave liner and the level of the ground surrounding the grave. (2) Not more than two interments shall be permitted in any one grave, and the first interment in a grave shall be at a lower depth than the second interment. (3) Notwithstanding the requirements of subsections (1), (2), and (4) of this section, the cremated remains of a deceased person in a container sheathed and sealed in not less than one and one-half inches of concrete, may be interred in a grave to provide not less that two feet of earth between the upper surface of the concrete encased container and the level of the ground surrounding the grave, or may be interred at a depth permitting the concrete sheath or block containing the cremated remains to be used as a base for a small memorial marker placed flat and level with the surface of the ground surrounding the grave. (4) On and after the date of adoption of this Bylaw where a grave liner is to be used for an interment a precast concrete or pre-formed fibreglass grave liner shall be used, except in the case of cremated remains interred according to the requirements of subsection (3) of this section, and except where a concrete or steel vault is used, such liner shall consist of 2 side and end walls made of reinforced concrete not less than 2 inches thick and a cover sufficient to bridge the coffin over its entire length and made of reinforced concrete not less than 2 inches thick. (5) On and after the date of adoption of this Bylaw a concrete or fibreglass grave liner shall be used for each interment, except where a concrete or steel vault is used or cremated remains are interred according to the requirements of subsection (3). 23. No person shall inter any body in the cemetery except between the hours of eight o'clock in the forenoon and five o'clock in the afternoon, except as specified in Section 16.

5 Page 5 of No person shall inter any body in the cemetery on Saturday, or Sunday, or on any statutory holiday unless written permission of the Clerk is first obtained and/or with the exception of emergency conditions as specified in Section 16 hereof. 25. No grave shall be dug, or opened by any person other than the Caretaker or other person duly authorized by him or by the Clerk. 26. No vault or other method of interment above ground level, shall be permitted in the Pioneer Cemetery. Columbarium burials are permitted in the Forest Lawn Cemetery. BYLAW #1573 CEMETERY CARETAKER 27. A Cemetery Caretaker may be appointed by the Council, and the duties of a Caretaker so appointed shall be among other things: (1) To dig and prepare, or cause to be dug and prepared, all graves required to be dug whenever ordered to do so by the Clerk, or the person acting for him. (2) To install all memorial tablets, markers, and monuments, and construct all foundations for same. (3) To carry out, or cause to be carried out, the general work of the cemetery to maintain it in a neat and tidy condition, including the maintenance of paths, gates, fences, and other cemetery improvements. (4) To maintain records as required and submit to the Clerk whatever reports are required by him. (5) To complete such other work as may be directed by the Clerk. (In the event a caretaker is not appointed the above duties shall be under direction and control of the Superintendent of Public Works). (6) To adhere to the terms and references outlined in the Columbarium Agreement for Forest Lawn Cemetery, as outlined in Schedule C - Columbarium Agreement of Cemeteries Regulations and Operations Bylaw 1434, which is attached to and forms a part of this Bylaw as Appendix 3". BYLAW #1573 ADMINISTRATION AND CARE FUND 28. The Clerk shall maintain records as necessary for the administration and management of the cemeteries and as required by Division II of the "Cemetery and Funeral Services Act". 29. The Clerk is hereby authorized on behalf of the Town to grant a licence in the form set out in Schedule "A", "Cemetery Licence/Interment Permit" in respect of any unoccupied and unlicenced grave space in the cemetery, according to the scale of fees and charges specified in Schedule "B". 30. The Clerk shall issue all permits for interment required by this Bylaw except as otherwise provided. 31. Upon issuing any permits for interment in the cemetery, or upon receiving an order for exhumation from the proper authority as required by Section 17, the Clerk shall notify the

6 Page 6 of 14 Caretaker before the time of the intended interment or exhumation giving the name of the deceased and the number and location of the grave space concerned. 32. (1) A fund shall be established to be known as "The Cemetery Care Fund" and such fund shall be administered in accordance with the requirements of the "Cemetery and Funeral Services Act" for the establishment and administration of a Municipal Cemetery Care Fund and in accordance with the procedures hereinafter set out. (2) A separate account shall be established to be known as "The Cemetery Care Fund Account" into which the Treasurer shall pay all funds received for Care Fund purposes. (3) On all licences for use of grave space sold on and after the date of adoption of this Bylaw, the Treasurer shall pay into "The Cemetery Care Fund Account" from the amount received for each licence sold at the fee specified in Schedule "B", except in those cases where a different amount is approved by the Ministry of Attorney General. (4) On all licences for the use of grave space, and on all contracts or agreements for the sale of such licences, the amount required to be used for Care Fund purposes shall be specified, provided that the amount so specified shall not apply to grave space made available to the Town free of charge for indigent burial. (5) Any owner of a memorial tablet, desiring to install same in the cemetery shall pay to the Clerk prior to the installation of such memorial $10.00 as a contribution to the "Cemetery Care Fund", and such amounts when received shall be paid by the Treasurer into "The Cemetery Care Fund Account" for investment as hereinafter provided. (6) Investment of funds received for Care Fund purposes shall be made as required by the "Cemetery and Funeral Services Act", applicable to Municipal Cemetery Care Funds. (7) The income form the "Cemetery Care Fund" including any appreciation thereof, shall be used for the sole purpose of upkeep and maintenance of the property licenced and the cemetery of which it forms part. (8) The principal sum of the Cemetery Care Fund shall not be reduced otherwise than in accordance with an order of the Minister made pursuant to the "Cemetery and Funeral Services Act". 33. A separate account of all monies received under the provisions of this Bylaw and of all monies expended hereunder shall be kept by the Treasurer and any surplus remaining of receipts over expenditures shall be paid at the end of each financial year into a fund to be known as "The Cemetery Fund" and same shall be invested by the Corporation in accordance with the provisions of the "Municipal Act" and the interest derived from such investment shall be expended on the upkeep and development of the Cemetery. 34. A memorial may be installed on a grave in the cemetery provided it is of the Tablet variety made of granite or bronze and conforms to the following: (1) Each memorial tablet shall be installed with its top surface level and flush with the surface of the ground. (2) Bronze and granite tablets must be placed on/in a concrete base prior to delivery. The concrete base must have a width of 24", a length of 30", a depth of 4-6", and its sides shall be true and perpendicular with the top surface. The concrete base must have a

7 Page 7 of 14 minimum strength of 30 M.P.A. and be reinforced with steel. (3) Each granite tablet shall be not less than three (3) inches thick and shall have its side surfaces true and perpendicular with the top surfaces. (4) The top surface measurement of concrete bases for granite and bronze tablets shall be as follows: On Adult size graves - 24" x 30" On Child size graves - 24" x 30" On infant size graves - 24" x 30" On Cremated Remains size graves 24" x 30" (5) The minimum measurements for bronze and granite tablets are: Width 12" Length 20" The maximum measurement for bronze and granite tablets are: Width 20" Length 28" (ie: widths must be between 12" to 20" and lengths must be between 20" to 28") (6) Not more than one memorial shall be installed on each grave, but where it is desired to memorialize on one tablet two related persons buried side by side in adjacent graves, one 24" x 30" tablet which provides for such dual memorialization, may be set to embrace evenly the two graves concerned. (7) The installation of Temporary Markers in the cemetery shall be under the direction of the Works Superintendent. Temporary Markers to be installed in the cemetery shall be installed on the grave with its top surface level and flush with the surface of the surrounding ground, and no Temporary Marker installed on a grave shall remain on the grave for a period exceeding one year from date of internment. Note: Temporary Markers are not purchased or supplied by the Town. BYLAW #1573 (8) Where the condition of the memorial is such as to create a hazard the Clerk may authorize the Caretaker to correct the condition other than by removal of the memorial, or he may request the owner to carry out whatever work is necessary to put the memorial in good condition. (9) Memorial markers for the Columbarium shall be the responsibility of the Cemetery Caretaker as outlined in Schedule C - Columbarium Agreement. BYLAW # No grave, or grave space shall be defined by a fence, railing coping, curbing or hedge. GENERAL 36. (1) Cut flowers, wreath and floral offerings may be placed on graves but may be removed by the Caretaker when their condition is considered by him to be detrimental to the beauty of the cemetery. (2) Any person, subject to the approval of the Caretaker, may plant, in a location approved by the Caretaker, one shrub, plant, bush, or small tree as a memorial to a deceased person buried in the cemetery.

8 Page 8 of 14 (3) The memorial dedication plaque shall be of metal, of a size not larger than 2.5 inches by 4 inches, and attached to a treated cedar wood base. The plaque and base shall be supplied by the person making the dedication. (4) The Caretaker shall not be held responsible for the health or maintenance of the shrub, plant, bush or tree so dedicated; however, the Caretaker, upon determining that the growth is diseased or is in such a condition as to be detrimental to the beauty of the cemetery, may remove the said growth. 37. No person shall plant, remove, cut down or destroy, any tree, shrubs, plants, flowers, bulbs or rocks in the cemetery other than an employee of the Town authorized to do so. 38. No person shall damage or deface any memorial, monument, fence, gate, or structure in the cemetery, or any improvements in the cemetery. 39. (1) No person shall enter the cemetery in a vehicle after sunset or drive a vehicle in the cemetery at any time at a speed of more than 10 miles an hour, or drive a vehicle anywhere in the cemetery other than on designated roadways, except authorized Public Works personnel in Public Works vehicles and all vehicles and drivers while in the cemetery grounds shall be subject to the directions and orders of the Public Works Superintendent and Bylaw Enforcement Officer, or the cemetery Caretaker as the case may be. (2) No person shall permit or allow horses or livestock owned legally by him to enter the cemetery at any time and the owner of any horses or livestock which enter the cemetery shall be deemed to have committed an offence against this Bylaw. 40. No person shall solicit orders for markers, tablets, memorials, curbings, cappings, or like works within the limits of the cemetery. 41. All persons and funeral processions in the cemetery shall obey the reasonable instructions of the caretaker and any person behaving with improper decorum within the cemetery, or disturbing the quiet and good order of the cemetery may be evicted therefrom by the Public Works Superintendent and/or Bylaw Enforcement Officer. 42. No person shall discharge firearms in the cemetery other than in regular volleys at burial services. 43. No person shall: (a) willfully destroy, mutilate, deface, injure, or remove any tomb, monument, vault, gravestone, fence, railing, or other structure placed in the cemetery; (b) willfully destroy, cut, break, or injure any shrub or plant; (c) play any game or sport, or discharge firearms; (d) willfully disturb persons assembled for the purpose of burying a body therein, or commit a nuisance, or at any time behave in an indecent and unseemly manner; or (e) deposit any rubbish or offensive matter or thing in a cemetery. 44. The cemetery shall be deemed open at seven o'clock every morning and closed every evening at eight o'clock. No person shall be in the cemetery without special permission of the Caretaker between eight P.M. and seven A.M. the following morning. 45. Notwithstanding anything herein contained, the administration of the cemeteries shall be carried out at all times in accordance with the "Cemetery and Funeral Services Act".

9 Page 9 of A person who contravenes this bylaw commits an offence punishable on a summary conviction and is liable to a fine of not more than $2,000.00, and in default of payment thereof or within such a time as the presiding Judge or Justice shall direct, the fine imposed shall be recoverable under the provisions of the Offence Act. 47. Cemeteries Regulations and Operations Bylaw 774 and all amendments are hereby repealed. 48. This bylaw may be cited as "Cemeteries Regulations and Operations Bylaw 1434". 49. This bylaw shall come into full force and effect upon adoption. READ A FIRST TIME AND A SECOND TIME THIS 10th day of February, 1998 READ A THIRD TIME THIS 10th day of February, 1998 APPROVAL FROM THE REGISTRAR OF CEMETERIES AND FUNERAL SERVICES BRANCH was received on the 4th day of March, Registrar of Cemeteries and Funeral Services Branch RECONSIDERED AND ADOPTED THIS 24th day of March, Lela Irvine Mayor Wm. F. Hutchinson Clerk

10 Page 10 of 14 Cemeteries Regulations and Operations Bylaw 1434 CEMETERY LICENCE INTERMENT PERMIT DECEASED AND CONTACT INFORMATION: Full Name of DECEASED: Date of Application: Date of BIRTH: AGE: Date of DEATH: Place of RESIDENCE: NEXT OF KIN: NAME: ADDRESS: PHONE: BURIAL DETAILS: Date of BURIAL: Plot / Niche Previously Reserved: Yes No Time of Grave Side SERVICE: CEMETERY: Forest Lawn Pioneer ARRANGEMENTS FOR: Lowering Device Top Liner Top & Base Liner Greens Grave Dressing Cremation Vault Columbarium Niche Grave Space to be used for this INTERMENT PLOT / NICHE Extra Deep Single Depth Cremains H-E-A-D - S-T-O-N-E BLOCK TC Plot / Niche & Block Book reviewed for AVAILABILITY INITIAL to Confirm Date PLOT RESERVATION: NAME of person(s) for whom reserve plot(s) or Niche required: 1. Plot / Niche Block 2. Plot / Niche Block BL C BR RECORDS UPDATE: INITIAL when completed: Block & Lot Book Accounts Receivable Ledger Computer Records Cemetery Map CEMETERY CHARGES: Niche: $ Plot: $ Burial: $ Care Fund: $ Sub-TOTAL $ GST $ Final TOTAL $ NAME, Address of Person/Company Responsible for Payment: Phone: PREPARED BY FINANCE CLERK: SIGNATURE OF LICENSEE DCA, TOWN OF CRESTON COPIES TO: FUNERAL CHAPEL WORKS SUPERINTENDENT (X2) BUILDING INSPECTOR N:\DATA\wp60\CLERKS.DEP\BYLAWS\CONS\Cemeteries.wpd BYLAW #1573 Page 11 of 14

11 SCHEDULE B Cemeteries Regulations and Operations Bylaw 1434 FEES AND CHARGES 1) PLOT FEES: Adult Size (includes Care Fund $50.00) $ Child Size (includes Care Fund $30.00) Infant Size (includes Care Fund $20.00) Cremated Remains Size (Includes Care Fund $25.00) Care Fund for Columbarium Niche (10% of selling price) 2) SERVICES a) Opening and closing grave for Burial Adult Size $ Child Size Infant Size Cremated Remains b) Opening and closing grave for Exhumation All grave sizes $ 1, or actual if above costs Cremated Remains c) Deeper depth to permit second burial in same grave Adult $ BYLAW #1582 Child BYLAW #1582 3) ADDITIONAL FEES a) Burials after 3:30 p.m. Monday to Friday $ b) Burials on Saturday, Sunday or Statutory Holidays $ c) Burial of Cremains Saturday, Sunday or Statutory Holidays $ d) Transfer of Licence $ e) Installation of Memorials (Including Care Fund $10.00) $ TOTAL $ DEPOSIT: Cemetery Care $ N:\DATA\wp60\CLERKS.DEP\BYLAWS\CONS\Cemeteries.wpd BYLAW #1573

12 Page 12 of 14 SCHEDULE C Cemeteries Regulations and Operations Bylaw 1434 COLUMBARIUM AGREEMENT THIS AGREEMENT made this day of, BETWEEN TOWN OF CRESTON th Avenue, North Box 1339 Creston, BC V0B 1G0 (hereinafter called the Town ) AND G. F. OLIVER FUNERAL CHAPEL LTD. P.O. Box 1171 Creston, BC V0B 1G0 (hereinafter called the Funeral Chapel ) WHEREAS the Town is the registered owner of certain lands lying and being in the Province of British Columbia, and more particularly known and described as : Those parts of Block 25, and Parcel "A" (D.D I) of Block 26 of Lot 812 K.D. Plan 730A lying West of a line which bisects the Northerly and Southerly boundaries of the said Blocks, and that part of Block 25 of Lot 812 K.D., Plan 730A, lying East of a line which bisects the Northerly and Southerly boundaries of the said Lot (hereinafter called the Cemetery ) AND WHEREAS the Town and the Funeral Chapel are desirous of providing a range of services in the Cemetery; AND WHEREAS the parties have agreed that the Funeral Chapel shall perform certain services on behalf of the Town and its residents in relation to the Cemetery; NOW THEREFORE, in consideration of the various covenants herein, the parties agree as follows: 1. The Funeral Chapel hereby agrees to provide, at no cost to the Town, a forty-eight niche columbarium and provide the following services and functions: (a) (b) (c) (d) (e) Hiring of a Contractor to prepare the site and install the columbarium on a concrete foundation, at one of the locations specified in Schedule D, subject to final inspection by the Town, at no cost to the Town; The sale of niches, plaques and any other adornments to be mounted on the columbarium; Insurance to cover comprehensive general liability, public liability and general property loss for incidents relating to the columbarium, until the responsibility for the maintenance passes to the Town; The placement of plaques and other adornments; Until the time that all available niches in the columbarium are sold, the columbarium will be maintained by the Funeral Chapel in a safe, sound and attractive manner. 2. The Town agrees to provide the following services and functions: (a) (b) Space in the Cemetery, at no charge, for the columbarium; and following the sale of all available niches in the columbarium, the columbarium will be insured and maintained by the Town. 3. The services to be provided by the Funeral Chapel, are as outlined in Section (27) Cemetery Caretaker, of Bylaw 1434; providing however, that should the Town consider that such services have not been satisfactorily provided, the Town shall immediately communicate its concerns to the Funeral Chapel in writing. Where such concerns have not been resolved to the satisfaction of the Town, within 30 days of the date they were communicated, the Town shall assume ownership, operation and sale of the columbarium niches. Page 12 of 14

13 4. The Funeral Chapel agrees to pay the Town 10% of the selling price per niche sold and will forward the said proceeds on a monthly basis, to the Town for deposit into the Cemetery Care Fund. 5. This agreement shall be in effect on the date of signing and shall be binding upon both parties, their heirs, executors, administrators, successors and assigns. IN WITNESS HEREOF the parties have affixed their hands and/or seals on the date first written above. TOWN OF CRESTON G. F. OLIVER FUNERAL CHAPEL LTD. Mayor Joe Snopek Signatory Director of Corporate Administration Signatory N:\DATA\wp60\CLERKS.DEP\BYLAWS\CONS\Cemeteries.wpd BYLAW #1573 Page 14 of 14 SCHEDULE D Cemeteries Regulations and Operations Bylaw 1434

14 FOREST LAWN CEMETERY MAP LOCATION OF COLUMBARIUM S BYLAW #1573

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16 Appendix 1" to Bylaw 1434 INDEX OF AMENDING BYLAWS Bylaw Adopted October 22, 2001 Bylaw Adopted September 3, 2002 Bylaw Adopted November 24, 2003 Bylaw Adopted January 12, 2004 NOTE TO USERS WHEREAS each bylaw consolidation shall be proof, in the absence of evidence to the contrary, of the original bylaw, of all bylaws amending it and of the fact of passage of the original and all amending bylaws, pursuant to Authority to Consolidate Municipal Bylaws No. 1533', which was adopted on the 11th day of June, 2001.