Definitions

1   In this bylaw,

"Care Fund" means a fund established and maintained by the City for the care, maintenance and repair of a cemetery;

"cemetery" means a place dedicated to, used and intended to be used for the permanent interment of human remains or cremated remains, including any incidental or ancillary buildings or other structures on the lands and, for certainty, includes the lands described in Section 2.1 of this bylaw;

Note: Through inadvertence, the reference in the definition of "cemetery" incorrectly refers to section 2.1. The correct cross-reference is to section 3(1).

"Cemetery Administrator" means the General Manager, Parks Recreation & Culture, or designate;

"contractor" means any person, firm or corporation engaged in placing, erecting or repairing any memorial or performing any work in the cemetery, other than an employee of the City;

"controlled substance" has the same meaning as in the Controlled Drugs and Substances Act, but does not include a controlled substance in circumstances permitted under that Act;

"cremated remains" means the human bone fragments left after human remains are cremated;

"disinterment" means the removal, for the purpose of permanent relocation, of human remains and the container, or any remaining container holding the human remains, from the lot in which the human remains are interred;

"exhumation" means the exposure and removal of interred human remains for the purposes of viewing or examination;

"family member" means a parent or step parent, grandparent or step grandparent, a sibling (natural, adopted or step), a spouse, a common-law spouse, a same-sex spouse, a child (natural, adopted or step) or a grandchild (natural, adopted or step);

"former resident" means any person who resided in the City for a continuous period of 3 years within 10 years of the date of the application for a right of interment;

"General Manager, Finance and Procurement Services" means the General Manager, Finance and Procurement Services of the City, or designate;

"human remains" means a dead human body in any stage of decomposition or a body of a stillborn infant in any stage of decomposition but does not include cremated remains;

"interment" means the permanent disposition of the remains of a deceased person by burial of human remains or cremated remains, the entombment of human remains or the inurnment of cremated remains;

"interment right holder" means a person who owns a right of interment;

"lot" means a space within a place of interment used or intended to be used for the interment of human remains or cremated remains under a right of interment, and includes a grave, crypt, niche or plot;

"memorial" means a tombstone, monument, memorial tablet, plaque or other marker on a lot, or an inscription or ornamentation on a crypt or niche front, used to identify a lot or memorialize a deceased person or stillborn child;

"resident" means any person who is residing and who resided in the City for not less than one month before the date of the application for a right of interment;

"right of interment" means a right, in perpetuity, for the interment of human remains or cremated remains in a lot, and includes all licences for grave space previously issued by the City;

"veteran" means any person who served in any of His Majesty's Forces, or any Auxiliary Force, and who is a resident of the City.

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Interpretation

2   (1) Words or phrases defined in the Cremation, Interment and Funeral Services Act and its regulations or the Business Practices and Consumer Protection Act and its regulations have the same meaning when used in this bylaw unless otherwise defined in this bylaw or the context requires otherwise.

(2) The Interpretation Bylaw applies to this bylaw.

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Cemetery operations

3   (1) The following City-owned lands are hereby set aside as a Cemetery in the City of Abbotsford in the Province of British Columbia:

(a) Hazelwood Cemetery

Lots 33, 34, 40, 41 and 42 of District Lot 207 Section 27 7 Township 16 Plan 2173, and Lot 83 of District Lot 206 Section 277 Township 16 Plan 57029 New Westminster District;

(b) Mt. Lehman Cemetery

Lot A North West Quarter Section 11 Township 14 New Westminster District Plan EPP45831 and Lot 2 Section 11 Township 14 New Westminster District Plan 33707.;

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(c) Aberdeen Cemetery

Lot 28 of the North East Quarter of Section 21 1 Township 13 Plan 40064 New Westminster District;

(d) Musselwhite Cemetery

Lot A Northwest Quarter Section 13 3 Township 16 New Westminster District LMP 38314.

(2) The Cemetery shall be set apart and used as a place of burial of Human Remains or Cremated Remains and for purposes incidental and ancillary thereto, and for no other purposes whatsoever.

(3) A copy of the plan of the Cemetery shall be filed with the Business Practices and Consumer Protection Authority and copies shall also be kept available for public inspection at City Hall and at such other places as may be required or deemed necessary.

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(4) Those Lots located within the areas marked "Veterans Section" as shown on the Hazelwood Cemetery Plan No. M-30, a copy of which is available for inspection at the office of the Cemetery Administrator, shall be reserved exclusively for the interment of Veterans and their spouses.

(5) The City reserves the right to reconfigure or change the boundaries or grading of the Cemetery or change the locations of, or remove or re-grade any roads, driveways, walkways or landscaping or other Cemetery lands or improvements.

(6) Council is hereby continued as the Board of Cemetery Trustees to operate the Cemetery under this bylaw, with all such power and authority as is necessary to permit such operation.

(7) Authority is delegated to the Cemetery Administrator to administer this bylaw in accordance with the duties and powers contained in this bylaw.

Powers and duties of the Cemetery Administrator

4   The Cemetery Administrator shall be responsible for the overall management and operation of the Cemetery, including but not limited to:

(a) directing and supervising all Cemetery employees and workers in carrying out their duties under this bylaw, including, but not limited to, maintaining records, issuing permits, administering applications, maintaining and repairing Cemetery lands and improvements, opening and closing graves, directing funerals and installing Memorials;

(b) ensuring the preparation and maintenance of all records required under this bylaw, the Cremation, Interment and Funeral Services Act and regulations and the Business Practices and Consumer Protection Act and regulations, for the proper and efficient administration and management of the Cemetery; and

(c) ensuring that the Cemetery is, at all times, maintained in a neat, tidy and safe condition.

Interment right agreement

5   (1)

(a) Application. Every person who wishes to acquire one or more Rights of Interment must make application to the City in accordance with Section 3(2), enter into an Interment Right Contract with the City and pay the applicable charges prescribed for that purpose in Schedule "B" of this Bylaw.

(b) Restrictions and Limitations. The sale of Rights of Interment shall be subject to the following limitations and restrictions:

(i) Rights of Interment may only be purchased by Residents, Family Members and Former Residents;

(ii) sales of Rights of Interment for future use (pre-need sales) for in-ground burial of Human Remains may not deplete the cemetery's inventory to less than 100 Lots.

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(ii.1) Rights of interment for columbaria, ossuary and scatter garden may be purchased by residents, family member, and non-residents;

(2) Applications for one or more Rights of Interment shall be made to the Cemetery Administrator at City Hall during office hours, Monday to Friday, except Holidays, and shall include a statement of:

(a) the applicant's name and address;

(b) the name, address and date of birth of each person for whom a right of interment is being acquired;

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(c) if applicable, the date of death and time and date of the funeral for that person(s); and

(d) any other information that the Cemetery Administrator reasonably requests.

(3) The Cemetery Administrator is authorized to enter into an Interment Right Contract on behalf of the City substantially in the form of contract attached as Schedule "C" of this bylaw.

(4) The Cemetery Administrator shall provide a copy of the Interment Right Contract to the applicant within 15 days of the applicant entering into such contract.

(5) No person may acquire Rights of Interment to more than two Lots.

(6) A Right of Interment provides the Interment Right Holder with a right to Interment in the Lot specified but shall not vest in the Interment Right Holder any right, title or interest in the Lot or the Cemetery or any part.

Cancellation

6   An Interment Right Holder may cancel a right of interment within 30 days of its purchase and obtain a full refund of fees paid where:

(a) there were no interments in the Lot;

(b) the Interment Right Holder or executor submits a written application to the Cemetery Administrator requesting cancellation of the right of interment;

(c) the original Right of Interment or licence is surrendered; and

(d) the costs for removal of any Memorial(s) are paid.

Cancellation after 30 days

7   (1) An interment right holder may cancel a right of interment more than 30 days after its purchase and obtain a refund equal to the Total Fees paid less the Care Fund contribution, providing the amount paid was greater than $1000.

(2) If the amount originally paid was less than $1,000, the refund will be $1,000 as an incentive to release lots not intending to be used, and in consideration of market value of the current right of interment fee.

(3) If the amount originally paid was more than $1,000, the refund will be the original amount paid, less the Care Fund contribution.

(4) Where there were no interments in the lot,

(a) the interment right holder or executor must submit a written Buapplication to the Cemetery Administrator requesting cancellation of the right of interment and pay the Cancellation Fee prescribed in the Fees and Charges Bylaw,

(b) the original right of interment contract or licence must be surrendered, and

(c) the costs for removal of any memorials must be paid.

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Transfer

8   A Right of Interment may be transferred by an Interment Right Holder to another person at the discretion of the Cemetery Administrator. An application for transfer shall be made to the Cemetery Administrator along with:

(a) payment of the transfer fee prescribed in Schedule "B";

(b) payment of all outstanding Cemetery charges and fees owed by the Interment Right Holder;

(c) payment of the difference between fees originally paid for the Right of Interment and those payable at the time of transfer;

(d) provision of a statement setting forth full particulars as to the name and address of the person to whom the transfer is to be made, the consideration to be paid, if any, and such other information as the Cemetery Administrator may reasonably request; and

(e) the original Right of Interment or licence.

9   If a transfer of a Right of Interment is approved, the Cemetery Administrator shall:

(a) record the details of the transfer in the City's records kept for that purpose; and

(b) either endorse the details of the transfer on the original Interment Right Contact and provide a copy to the applicant or enter into a new Interment Right Contract with the applicant.

10   No purported transfer or assignment of a Right of Interment shall be valid without first obtaining the approval of the Cemetery Administrator in accordance with the requirements of this bylaw.

Interment

11   (1) All Interments, Disinterments, Exhumations and funeral arrangements shall be made and carried out in strict compliance with the requirements of this bylaw, the Cremation, Interment and Funeral Services Act, the Business Practices and Consumer Protection Act and regulations, all other applicable bylaws, statutes and regulations and the directions of the Cemetery Administrator.

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(2) Every person wishing to obtain Interment and other cemetery services for a deceased person shall obtain an Interment Authorization substantially in the form contained in Schedule "D" of this bylaw and, for that purpose, shall:

(a) make application at the office of the Cemetery Administrator during office hours, Monday through Friday, except Holidays, setting forth a statement of the name, age, date of death of the deceased, proposed date and time of Interment, and such other information as may reasonably be required; and

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(b) pay the applicable Interment charge prescribed in Schedule "B" of this bylaw.

(3) Application for Interment Authorization must be made at least 2 business days prior to the scheduled date of Interment and application shall be received at least four (4) weeks prior to any Disinterment or Exhumation.

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(4) The Cemetery Administrator shall not carry out, or permit the carrying out of, an interment until such time as the Cemetery Administrator is in possession of the burial permit received by the City as required under section 22 of the Vital Statistics Act.

(5) No Interment shall be carried out:

(a) except between the hours of 9:00 a.m. and 3:00 p.m.; or

(b) on a Saturday or Sunday, a Holiday or any other day designated by the City as a Holiday;

unless the written permission of the Cemetery Administrator is first obtained and the premium charges specified in Schedule "B" of this bylaw, are paid.

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(6) No grave may be excavated, opened or closed by any person other than a person authorized to do so by the Cemetery Administrator.

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(7) Every Interment in the Cemetery shall comply with the following requirements:

(a) every Interment, other than an interment of Cremated Remains, shall provide for not less than three (3) feet of earth between the general surface level of the ground at the grave site and the upper surface of the vault, casket or grave liner enclosing the body;

(b) a maximum of two Human Remains and no more than six (6) Interments of Cremated Remains may be Interred in Lots designated and sold as double depth graves prior to 1994;

(c) where two Human Remains are permitted to be interred in one Lot, the first body shall be buried at a lower depth than the second and each Interment shall conform to the requirements of subsection (a);

(d) no Interment after the first Interment in any one Lot shall be made so as to disturb or disinter the remains of a deceased person from the first Interment;

(e) every interment of cremated remains shall be made in a cremation vault with a lid and shall be buried with a minimum of 10 inches of fill, except where the concrete encased container of cremated remains is used as a foundation base for a tablet memorial installed on the lot according to the requirements of this bylaw, and provided that no more than two (2) urns may be placed in any one cremation vault;

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(f) a concrete, fibreglass reinforced polymer concrete (FRPC), or polyethylene resin interment vault or liner shall be used for each Interment, except where a concrete, fibreglass or steel vault is used when a casket is four (4) feet and under in length, or cremated remains are interred according to the requirements of paragraph (e);

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(g) every concrete grave liner or vault used in the Cemetery shall:

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(i) be made of reinforced concrete not less than two (2) inches thick consisting of two side walls, two end walls and a cover sufficient to bridge the coffin or casket over its entire length; and

(ii) (be constructed from polymer concrete having the following strength:

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(g.1) Cremated remains placed in columbaria must be enclosed in a sealed container or urn constructed of permanent, durable material approved by the Cemetery Administrator;

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(g.2) Cremated remains placed in an ossuary are permanent, non-recoverable and co-mingled;

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(g.3) Placement of cremated remains in the ossuary will only be performed by the cemetery caretaker;

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(g.4) Scattering of cremated remains is permanent and non-recoverable and is permitted only in designated location and under the supervision of the cemetery caretaker.

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Exhumation, Disinterment and removal of Human Remains

12   (1) No person may exhume, disinter or otherwise remove Human Remains from the place they are interred in the Cemetery without first:

(a) obtaining all orders, approvals or consents required under the Cremation, Interment and Funeral Services Act and all other applicable statutes and regulations governing such Exhumation, Disinterment or removal;

(b) presenting such orders, approval or consents to the Cemetery Administrator for examination; and

(c) paying the applicable charges prescribed in Schedule "B" of this bylaw.

(2) Application for Disinterment or Exhumation shall be made and received by the Cemetery Administrator at least four (4) weeks prior to the Disinterment or Exhumation.

(3) Every such Exhumation, Disinterment or removal of Human Remains shall be strictly subject to and in accordance with the restrictions and requirements of the Cremation, Interment and Funeral Services Act and regulations and all other applicable legislation.

Memorials

13   (1) No person may erect a Memorial in the Cemetery without first making application to the Cemetery Administrator and paying the fees and charges prescribed in Schedule "B" of this bylaw.

(2) No Memorial other than a tablet-type Memorial meeting the requirements of Section 6.4 may be installed on any Lot.

Note: Through inadvertence, the amended version of subsection (2) incorrectly refers to section 6.4. The correct cross-reference is to subsection (4).

(3) Despite the restriction in subsection (6.2), an upright memorial meeting the requirements of subsection 6.4 (v) may be installed in the following areas of a cemetery provided a permit is obtained under this bylaw for such installation, a foundation for the memorial is constructed according to the specifications of the Cemetery Administrator and the required memorial installation fee in the Fees and Charges Bylaw is paid:

(a) those areas of the Hazelwood Cemetery shown on the plan of the cemetery as Sections 1 to 66A inclusive except sections 1-4 lots 8A to 9C section 21-27 lots 8A-9C; Sections Blocks 1 to 5 of Rows KK, LL, MM, NN and OO (Canadian Legion Section);

(b) those areas of Musselwhite Cemetery identified as Rows 1, 2,3 and 4 and Sections 1 to 52;

(c) the whole of Aberdeen Cemetery;

(d) those areas of Mt. Lehman Cemetery except Sections 9-14,Sections 16-21 and Section 6 lots 19-24 and Section 7 lots 27-41

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(4) A memorial marker may be installed on any Lot in the Cemetery provided the Memorial installation fee prescribed in Schedule "B", is paid, the memorial marker is made of granite or bronze and conforms to the following requirements:B/L 3293-2022

(a) each memorial marker, other than a cremation marker, shall be installed in a position on the lot according to that established by the City for memorial in the cemetery and shall have its base set level on the surface of the surrounding ground;B/L 3293-2022

(b) cremation memorials shall have top surfaces set level and flush with the surface of the surrounding ground;B/L 3293-2022

(c) each bronze memorial marker shall be attached to a granite or concrete base not less than three inches thick with side surfaces true and perpendicular with the top surface of the attached marker;B/L 3293-2022

(d) each stone memorial marker shall be not less than three (3) inches thick, shall have its side surfaces true and perpendicular with its top surface, and shall be set on a concrete base not more than three (3) inches in thickness, and the base shall extend outwards not less than two (2) inches or more than four (4) inches from each side of the memorial marker;B/L 3293-2022

(e) except as permitted otherwise in subsection f, the top surface of memorial markers and concrete bases shall not exceed the following measurements:

(i) on individual double-depth adult or infant graves

• 12 inches x 20 inches;

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(ii) companion-type memorials identifying:

(iii) on a grave containing an adult burial and cremated remains:

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(iv) on a cremation grave:

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(iv.1) upright monuments total height: 36 inches;

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(iv.2) single marker base provided: 24 inches x 30 inches;

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(iv.3) double marker base provided: 24 inches x 36 inches;

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(f) a bronze memorial marker that is intended for installation on the grave of an adult or child may be smaller than its concrete base, provided the concrete base conforms to the size for the grave as required by Subsection (e), and provided the part of the base extending beyond the marker does not exceed two (2) inches wide and has a smooth, slightly beveled surface to shed water at its outer edges, and shall have its top surface set level and flush with the surface of the surrounding ground;

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(g) on graves containing Cremated Remains, a memorial base which conforms to the requirements of Subsection (e) and which supports either a stone or bronze marker, may enclose one or two containers of Cremated Remains and shall have its top surface set level and flush with the surface of the surrounding ground;

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(h) inscriptions must be level with the top surface of memorial markers except in the case of bronze tablets, natural stone markers set above ground level, or upright memorials;

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(i) raised letters containing lead are not permitted on memorial markers set with the top surface level with the surrounding ground.

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(4.1) Bronze plaques for use on columbaria or memorial pillows shall be supplied and installed by the City to conform to the approved design and specifications of the applicable section of the cemetery as established by the City.

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(5) The Cemetery Administrator may arrange for the temporary removal of a Memorial without the owner's permission if, during excavation of an adjoining grave, the Memorial is found to be a hazard to the safety of staff in the excavation, and provided that:

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(a) the Memorial is replaced in its original position on the grave from which it was removed as soon as possible after the excavation is filled;

(b) the owner of the Memorial is not charged with the cost of the work; and

(c) the City repairs, at its expense, any damage made to the Memorial.

(6) The City shall not be liable for any breakage or damage to any Memorial except such as shall arise out of the carelessness or negligence of the Cemetery staff.

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Adornments

14   (1) Except as provided in this section, boxes, planters, shells, toys, wire screens, arbours, trellises, tripods, or any other objects are prohibited on any lot.

(2) Tripods may be used to hold wreaths and sprays of flowers during the Interment.

(3) Tripods must be removed 24 to 48 hours after the wreath or sprays of flowers are placed on the lot.

(4) Cut or artificial flowers, wreaths, and floral offerings may be placed on lots and may be removed by the Cemetery Administrator when their condition is considered to be detrimental to the appearance or proper maintenance of the cemetery.

(5) Metal vases may be set by the Cemetery Administrator flush with the ground at the bottom of a memorial marker.

(6) Adornment stands may be placed at the top of the memorial marker on burial lots.

(7) Adornment stands must not exceed 20 inches in height or the width of the marker.

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Mausoleums and above-ground vaults

15   No mausoleum or above-ground vault may be constructed or erected on any lot in a cemetery.

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Fencing

16   No lot may be defined by fence, railing, coping, hedge or by any other marker except a memorial as permitted under this bylaw.

Decorations

17   No lot may be decorated with trees, shrubs or plants, but may be decorated by placing cut flowers.

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Prohibited conduct

18   A person must not do any of the following:

(a) disturb any person assembled for the purpose of an Interment or funeral service;

(b) destroy, mutilate, deface, injure or remove from a cemetery any memorial, fence, gate or other improvements or structure;

(c) deposit any rubbish or offensive matter or thing in a cemetery;

(d) carry on any business or calling in a cemetery;

(e) solicit an order for markers, memorials, funeral services or similar works or services within a cemetery;

(f) break, remove or displace rocks in any rock work;

(g) use or drive a vehicle on any road, path or walkway in a cemetery for any purpose other than attending or conducting a funeral or visiting a lot;

(h) operate or drive a vehicle of any kind in a cemetery at a speed greater than 15 kilometres per hour or upon or over any lot;

(i) possess or consume alcoholic beverages or controlled substance anywhere within a cemetery.

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Removal of trees or shrubs

19   The Cemetery Administrator may cause the removal from a lot of any tree or shrub which the Cemetery Administrator considers is adversely affecting any lot or road adjacent to a lot.

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Compliance with directions

  All vehicles or funeral processions and their drivers on and after entering cemetery grounds must be, at all times, comply with the reasonable directions and orders of the Cemetery Administrator.

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Decorum and removal

21   A person who disturbs the peace, quiet or good order of a cemetery or otherwise causes a nuisance or behaves without proper decorum within a cemetery must immediately leave the cemetery as directed by the Cemetery Administrator.

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Dogs

22   Dogs are permitted in Cemeteries in accordance with the Parks Bylaw.

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Firearms

23   The carrying or discharge of firearms within a cemetery is prohibited except by special permission of the City for a military funeral.

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Deposit, investment and use of funds

24   (1) A Care Fund is hereby established to be administered in accordance with the requirements of the Cremation, Interment and Funeral Services Act to provide for the care and maintenance of the Cemetery.

(2) The General Manager, Finance and Corporate Services shall deposit into the Care Fund all amounts received for that purpose on account of fees imposed for Rights of Interment and Memorial installations as prescribed in Schedule "B" of this bylaw.

(2) Any money held by the City to the credit of the Care Fund, together with interest earned on it, shall be credited to the Care Fund operated and maintained under this bylaw.

(3) Money deposited in the Care Fund, together with earned interest and dividend income, shall be held in a separate account with a savings institution and the City may use the interest and dividend income earned by the Care Fund only for the purpose of financing the care and maintenance services provided in respect of the Cemetery.

(4) Funds held in the Care Fund must be invested only in accordance with the requirements of the Cremation, Interment and Funeral Services Act and the Community Charter.

(5) Every Interment Right Contract shall specify the amount payable in respect of the Care Fund.

Fees and Charges

25   Every person who:

(a) obtains a Right of Interment for a Lot in the Cemetery;

(b) installs or causes the installation of a Memorial on a Lot; or

(c) obtains any other Cemetery good or service specified in Schedule "F" of Bylaw No. 1532-2006, Fees and Charges Bylaw, 2006;

shall pay the applicable fees and charges prescribed in Schedule "F" of Bylaw No. 1532-2006 Fees and Charges Bylaw, 2006, for such right, good or service.

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Hours of Closure

26   (1) Every cemetery is open to the public one hour before sunrise and one hour after sunset.

(2) The hours of public attendance shall be posted on a sign at each cemetery entrance.

(3) No person shall enter or remain in a cemetery during the hours it is closed for public attendance without the permission of the Cemetery Administrator.

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