BYLAW NO. B-48/2003 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA Being a bylaw of the City to provide for the control and regulation of cemeteries operated under the control of the City. WHEREAS under the authority and subject to the provisions of the Municipal Government Act, Statutes of Alberta, 2000, Chapter M-26.1 and amendments thereto, Council may pass bylaws providing for the health, safety and welfare of people and the protection of people and property and for services provided by or on behalf of the municipality pursuant to the Municipal Government Act, RSA 2000, Chapter M-26: and whereas the municipality deems it desirable to provide for the control and regulation of cemeteries operated by and under the control of the City in accordance with the Cemeteries Act, RSA 2000,Chapter C-3; NOW THEREFORE the Municipal Council of the City in Council duly assembled enacts as follows that: 1) In this Bylaw: i) Cemetery means any cemetery operated by or under the control of the City of Airdrie; ii) City means the corporation of the City of Airdrie; iii) Lot means a lot as shown on a Plan of Sub-division of a cemetery on record in the City Office and includes any lot, compartment, crib or other space for the disposition of human remains in a cemetery, mausoleum or columbarium; iv) Lot Certificate means the certificate identifying the owner and location of the lot, plan or subdivison of the cemetery on record in the City Office; v) Memorial Tablet means a structure of bronze, marble, granite, or other material for memorial purposes placed on any grave or lot level with the surrounding ground; vi) Monument means and includes a memorial of stone or other material which projects above the surrounding ground; vii) Office Hours means regular hours between 8:00 a.m. to 4:00 p.m. Monday through Friday excluding declared or statutory holidays; viii) Owner means the owner of the lot as stated on the Lot Certificate; ix) Resident is a person residing within the municipal boundaries of the City. 2) The Plans of subdivision of the lands made available by the City for a cemetery now recorded in the City Office, together with all subsequent plans of subdivision of such lands approved by the City, shall be the plans of the cemeteries herein referred to, all interments shall be made, and records kept in accordance with such plans. All such plans shall be open for inspection free of charge at the City Office during office hours. 3) No person shall further subdivide or alter any lot in any manner at variance with the subdivision of such lots as shown on the plans of record in the City Office.
Page 2 4) Lots shall be sold according to the tariffs and fees set forth in the Cemetery Regulations and upon such sale, the City shall issue to the purchaser a Lot Certificate upon receipt of full payment. 5) All persons who purchase a lot shall be responsible for the cost thereof and for all changes in connection therewith. Any person signing an order for interment shall be responsible for all charges in connection with such interment. Such persons shall in addition be responsible for compliance with the regulations governing erection of monuments applicable to that part of the cemetery in which the interment is made. The City may, subject to the provisions of Section 18 of the Cemeteries Act, RSA 2000, Chapter C-3, and any conditions set forth on the Lot Certificate, cancel and terminate any Lot Certificate, if the lot has not been used for burial within 20 years of the date of the Lot Certificate. 6) Renewal of Lot Certificates must be done by notice in writing by the Owner or legal representative and received at City offices on or before the expiry date of the twenty year term. 7) A person may sell a lot on the open market. The City must be notified and a transfer of ownership prepared at the City offices during regular working hours. An administration fee as per the Fees and Charges Bylaw shall apply. Once the transfer of ownership is completed, an updated Lot Certificate will be forwarded to the new Lot Owner. All previous Lot Certificates will become null and void. In the case of a dispute of ownership, the burden of proof is on the holder of the Lot Certificate and not the City. 8) There shall be a thirty (30) day penalty free cancellation period from the date of the issuance of a Lot Certificate in which the City will buy back an unused lot for the current market value. A cancellation notice must be in writing and delivered or mailed to the City within thirty (30) days of the date showing on the Lot Certificate. After the thirty (30) day penalty free period, subject to Section 18 of the Cemeteries Act, the City will buy back an unused lot at a purchase price equal to 65% of the original purchase price of the Lot, paid by the owner, less an administrative fee. The City will pay the repurchase monies within fifteen (15) days of receipt of a cancellation notice in accordance with Section 67 of the Cemeteries Act. 9) The City, its agents or employees shall not be responsible for any injury resulting to any person who enters a cemetery or any damage to any lot, memorial tablet, monument or other structure located within the cemetery unless such injury or damage is shown to be caused by the negligence of the City, its agents or employees, but the City distinctly disclaims all responsibility or liability for loss or damage from causes beyond its control and especially from damage caused by the elements, an act of God, common enemies, thieves, vandals, strikers, malicious mischief makers, explosions, unavoidable accidents, invasions, insurrections, riots, or an order of a military or civil authority. 10) No person shall accept any valuable consideration over and above those fees as stated in the City Fees and Charges Bylaw for the interment of any body in a Lot of which such person is the Owner or over which he exercises any power of control. 11) Lots in a cemetery shall be used for the burial of deceased human bodies only or other human remains that have been cremated.
Page 3 12) Undertakers shall have all orders for interments signed by the Owner of the Lot in which such interment is made, or by legal representatives of such Owner. 13) No burials shall be permitted in the cemetery unless the party applying for the burial produces a proper burial certificate. All applications for burials shall be made at least fortyeight (48) hours before the time of interment, unless circumstances pertaining to religious belief dictate otherwise. 14) No interment shall be permitted until the information required by the Cemetery Regulations has been given to the City. 15) No second interment or monument shall be permitted in any Lot in the cemetery on which there are unpaid charges due and payable. 16) The procedure to be followed in the burial of any body, in the disinterment of any body, or the scattering of remains shall be in accordance with the Cemetery Act and any associated regulations. 17) No person shall carry on any work in the immediate vicinity of any burial service in a cemetery. 18) Area designations: i) Sections 1 and 2, Block 1 and 2, Lots 1 to 10 inclusive are designated as the Field of Honour for the burial of service and ex-service men and women of the Armed Forces in accordance with the War Veterans Allowance Act (Canada) and; ii) Section 10, Block 1, 4, 5, 8, 9, 12, 13, 16, and 17 are designated as the cremation Section. This Section is for the burial of cremated remains only. 19) When a destitute or indigent person dies, the Minister of Human Resources and Employment is responsible for the cost of burial or other disposition of that person s body. 20) No person shall: i) Erect, plant or maintain borders, fences, railings, copings, walls, curbs, or hedges in or around any Lot; ii) Plant any flowers, trees, or shrubs in any cemetery unless he is an employee of the City; iii) Remove, destroy, prune or otherwise interfere with any trees, shrubs, plants, or flowers in any cemetery without the consent of the City, except on individually owned Lots; iv) Deposit any soil, paper, sticks, or refuse of any kind on any roadway in the cemetery;
Page 4 v) Place in any cemetery, iron or wire works, or any ornaments or construction of any kind which the City deems to be unsightly or otherwise unsuitable for such cemetery; vi) Destroy, deface, damage or write upon any memorial tablet, monument or other structure or objects in the cemetery. 21) The City may remove any object erected, maintained, planted or placed in a cemetery contrary to the provisions of Section 20 of this Bylaw. 22) If, in the opinion of the City, any floral pieces, trees, shrubs, or plants on any lot becomes detrimental to adjacent lots, walks, or driveways, or prejudicial to the general appearance of the cemetery, the City may remove any floral pieces, trees, shrubs, plants, or any parts thereof. 23) No person shall erect a memorial tablet, monument or vault in a cemetery until the design and description thereof have been approved by the City and a permit for the erection of such a monument or vault structure has been issued and the City has marked the designated area on the designated Lot for the memorial tablet, monument or vault. No permit will be issued if the memorial tablet, monument or vault is, in the opinion of the City, detrimental to the general appearance of the cemeteries or to the interest of the owners of other lots. Restrictions upon the design of the placement of monuments, markers and vaults are stated in the cemetery regulations. 24) No Owner shall allow any marker, memorial tablet, or vault to be in state of disrepair. 25) Any Owner of a marker or memorial tablet or monument shall have thirty (30) days to make repair after written notice of disrepair has been sent from the City, after which time the City shall have power to remove or repair such marker, memorial tablet or monument and charge the cost thereof to the owner of the Lot. If that person is deceased then the responsibility will lie with the following as per the Province of Alberta Regulation 249/98. a) the personal representative designated in the will of the deceased; b) the spouse or adult interdependent partner of the deceased if the spouse or adult interdependent partner was living with the deceased at the time of death; c) an adult child of the deceased; d) a parent of the deceased; e) a guardian of the deceased under the Dependent Adults Act or, f) if the deceased is a minor, under the Child Welfare Act or the Domestic Relations Act; g) an adult grandchild of the deceased; h) an adult brother or sister of the deceased; i) an adult nephew or niece of the deceased; j) an adult next of kin of the deceased determined on the basis provided by Sections 8 and 9 of the Intestate Succession Act; k) the Public Trustee; l) an adult person having some relationship with the deceased not based on blood ties or affinity;
Page 5 m) The Minister of Human Resources and Employment. 26) No work shall be done upon any monument nor shall any monument be removed from any lot without the permission of the City first having been obtained. 27) No person shall: i) Operate a vehicle on a highway in a cemetery at a greater rate of speed than fifteen (15) kilometres per hour. ii) Operate a motor vehicle on any portion of a cemetery not set aside as a highway. Any damages resulting from failure to comply with this Section shall be the responsibility of the registered owner of the vehicle. 28) Notice given to any person pursuant to the Bylaw shall be deemed sufficient if in writing and mailed post paid to the last known address of such person as entered on the City records. 29) The City may make regulations as outlined in Schedule A attached hereto not inconsistent with this Bylaw for the efficient management and control of the cemetery and such regulations shall be made available during regular office hours. 30) A person who contravenes any provision of this Bylaw is guilty of an offence and upon summary conviction is liable to a fine of not less than $500.00 nor more than $100,000.00 exclusive of costs on a conviction and on default of paying the fine and costs to imprisonment for a period not exceeding 2 years, or both fine and imprisonment as per Section 77 (1) of the Cemeteries Act. 31) Bylaw No. 32/2003 is hereby repealed in its entirety. READ a first time this 15th day of December, 2003. READ a second time this 15th day of December, 2003. READ a third time this 15th day of December, 2003. EXECUTED this 16th day of Dec 2003. Danny G. Oneil MAYOR S. Pollyck CITY CLERK
General City of Airdrie Cemetery Regulations Schedule A 1. All cemeteries shall be open to vehicle traffic from 8:00 a.m. to dusk, seven (7) days a week. 2. Any society desiring to hold a memorial service shall give the City at least ten (10) days notice of their intention to do so. 3. No dogs shall be allowed in the cemetery. Return of lots 1. Lots may be sold on the open market as per Section 7 of the Cemeteries Bylaw. 2. Any person transferring a Lot in the cemetery back to the City, shall produce the Lot Certificate or receipt for the purchase of the Lot. There will be a $50.00 administration fee for transfers unless notification is in writing and received by the City within the thirty (30) day penalty free period as per Section 8 of the Cemeteries Bylaw. Burial Procedure 1. All applications for burials shall be made at least forty-eight (48) hours before the time of the burial unless circumstances pertaining to religious belief dictate otherwise, and the following information is required before interment is permitted: 2. Name and full address of purchaser Name of deceased Sex Date of death Name of undertaker Nearest living friend or relative Name and address of person or persons to whom charges for lot and /or interment are to be made Whose lot interment is to be made Time of funeral Size of coffin or case Location of grave by diagram if other than a single grave 3. Graves shall be dug only by persons employed by the City or under the direction of the City, and no unauthorized persons should be present at the disinterment or removal of a body or cremains from a grave. 4. No body or cremains shall be disinterred from any grave without written orders from all necessary approving authorities in accordance with the Cemeteries Act, RSA 2000, Chapter C-3.
Page 2 5. All graves shall be dug to such a depth that a distance of at least three (3) foot intervals between the top of the casket or urn and the ground surface level. More than one burial may be allowed in one grave, provided the top of the casket of the upper most casket or urn is at least three (3) feet below surface level. Scattering of Ashes 1. The following conditions shall apply: Ashes shall be scattered by, or under the direction of cemetery personnel, in an area so designated. Ashes must be widely scattered and not concentrated in any particular area. Ashes must be a consistency where the largest particles are no greater than 5 millimeters and comprise of no more than 5% of the total volume. No type of memorialization will be allowed. No charge will be made for this service. Urns shall be accepted and the scattering of ashes arranged at the Cemetery Office, Monday to Friday 8:00 a.m. to 4:00 p.m. Field of Honor 1. The City shall maintain a Field of Honor but the said Lots shall always be under the direction, control and supervision of the City. 2. The City shall ascertain from the proper authorities the entitlement of a person to be interred in the Field of Honor in accordance with the War Veterans Allowance Act, (Canada) and regulations under that act. Monuments, Markers and Vaults 1. All foundations for monuments shall be approved by the City. Measurements for width, length, and depth may be modified or altered for special monuments subject to the City s approval. 2. Mausoleums and /or vaults built above the ground are prohibited. 3. Only one monument or memorial is permitted on any one Lot. One additional marker with a flat and level surface will be permitted on each grave but must be level with the ground. 4. All foundations or headstones shall be confined within the boundaries of a Lot or grave, and all headstones and monuments shall be placed in such a manner as to maintain proper alignment. 5. No corner stones or markers to indicate the boundaries of a lot or grave shall be erected as an enclosure to the Lot or grave. 6. All memorial tablets and markers placed upon a Lot or grave shall be of granite, marble, stone, bronze or other like materials, and shall not project above the surface of the ground except when erected as a headstone or monument.
Page 3 7. The use of bronze may be approved for tablets when attached to monuments or markers of natural stone provided the bronze has been cast from an alloy containing not less than 85% copper and not less than 5% lead. No other metals are approved for such use unless they are substantially non-corrosive and have proven permanency. 8. All bronze memorial tablets shall be set according to the direction of the City. 9. Before any monument is erected, the City shall in all cases designate the place where the material to be used in the erection of such monument is to be placed during the course of erection or excavation, and all workmen moving any heavy material over lots and paths shall move such material on planks or by some other method which will do as little damage as possible to such lot and paths. 10. Fees shall apply as per the City of Airdrie Table of Cemetery Fees and Charges Bylaw. Bylaw No. B-10/2006