Mount Pleasant Cemetery (London) Inc.

303 Riverside Dr., London, ON N6H 1G2
Phone(519) 434-6504   MapMap   E-mailE-mail
Mount Pleasant Cemetery

By-Laws of the Corporation

BY-LAW NO. 2 A by-law relating to the operation of Mount Pleasant Cemetery and/or Oakland Cemetery, London, Ontario by MOUNT PLEASANT CEMETERY (LONDON) INC. (herein called the "Corporation) BE IT ENACTED as a by-law of the Corporation as follows:

1.0 Definitions

1.01 'BOARD': the duly elected or appointed Board of Directors of Mount Pleasant Cemetery (London)Inc.

1.02 'BODY': the body of a deceased person.

1.03 'CARE AND MAINTENANCE FUND': This is the trust fund in which all monies received by the cemetery for the care and maintenance of lots, plots and monuments have been deposited.

1.04 'CEMETERIES ACT: refers to the Cemeteries Act, Revised Statutes of Ontario, 1990 Chapter C.4 and all amendments thereto together with all Regulations prescribed thereunder.

1.05 'CEMETERY': refers to Mount Pleasant Cemetery located at 303 Riverside Drive, London, Ontario and/or Oakland Cemetery located at 390 Oxford Street West, London, Ontario.

1.06 'CERTIFICATE OF INTERMENT RIGHTS': the certificate issued to the purchaser of interment rights in either a lot, plot or niche.

1.07 'COLUMBARIUM': a structure designed for inurnment of cremated human remains in sealed compartments.

1.08 'CORNER POSTS': any stone or other land markers set flush with the surface of the ground and used to indicate the location of a lot.

1.09 'CORPORATION': is the corporation known as Mount Pleasant Cemetery (London) Inc. duly incorporated under the laws of the Province of Ontario with the head office at 303 Riverside Drive, London, Ontario N6H 1G2

1.10 'CREMATED REMAINS': the residue after cremation of the body and of the casket or container in which it was received.

1.11 'GENERAL MAINTENANCE ACCOUNT: the account that has been set aside for maintenance of the cemetery and for services rendered in connection with its operation.

1.12 'INTERMENT RIGHTS': includes the right to require or direct the interment of human remains in a lot.

1.13 'INTERMENT RIGHTS HOLDER': a person with interment rights with respect to a lot and includes a purchaser of interment rights under the Cemeteries Act or a predecessor of that Act.

1.14 'LOT: an area of land in a cemetery containing, or set aside to contain human remains and includes a niche or compartment in a columbarium, and(a) 'ADULT LOT: any burial space intended for an adult, and (b) 'CHILDREN'S or INFANT LOT: any burial space intended for a child or infant, and (c)'CREMATION LOT: any burial space intended to receive not more than two (2) cremated remains and having a minimum size of 60.96 cm (2 feet) by 60.96 cm (2 feet) OR three (3) cremated remains and having a minimum size of 0.91 metres (3 feet) by 0.91 metres (3 feet).

1.15 'GENERAL MANAGER': the person appointed by the Board of Directors as General Manager of the Cemetery.

1.16 'MARKER': any memorial of granite or marble set flush with the surface of the ground, and used to mark the location of a lot. A marker also may mean an ornament of bronze affixed to or intended to be affixed to a lot such as a columbarium niche or other structure or place intended for the deposit of human remains.

1.17 'MINISTRY': The Ministry of Consumer and Commercial Relations for Ontario.

1.18 'MOUNT PLEASANT CEMETERY': the Cemetery owned and operated Mount Pleasant Cemetery (London) Inc. and located at 303 Riverside Drive, London, Ontario

1.19 'MONUMENT: any permanent memorial projecting above the ground level,

1.20 'OAKLAND CEMETERY': the Cemetery owned and operated by Mount Pleasant Cemetery (London) Inc. and located at 390 Oxford Street West, London, Ontario.

1.21 'PLAN': the plan of the Cemetery, as approved by the Ministry.

1.22 'PLOT: two or more lots in which the rights to inter have been sold as a unit.

1.23 'PRESIDENT: the President of the Board of Directors.

1.24 'PRICE LIST: list of fees as filed with the Ministry.

1.25 'SECRETARY': the Secretary of the Board of Directors.

1.26 'TRUST FUNDS': those funds in which a trustee may invest, which are defined in the 'Trustee Act' being Chapter T.23 of the Revised Statutes of Ontario, 1990.

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2.0 Interments & Disinterments

2.01 Winter burials shall take place weather permitting.

2.02 Not more than one burial shall be made in any adult size grave except:
a) in areas designated for extra depth burial. The first interment must be made at the lower level. (NOT AVAILABLE IN OAKLAND CEMETERY)
b) the cremated remains of not more than four persons.
c) or a 60.96 x 30.48 cm (24" x 12") infant container may be buried at the path end of a single lot in which a casket containing human remains has been buried, provided space is available.

2.03 All interments must be authorized in writing by the interment rights holder except the interment of the interment rights holder.

2.04 The General Manager of the Cemetery, his/her assistant or someone in the employ of the Corporation shall be in attendance at each interment.

2.05 A burial permit duly issued pursuant to The Vital Statistics Act, Revised Statutes of Ontario, 1990 Chapter V.4 or a burial permit duly issued by the proper authority should the death have occurred outside the Province of Ontario, showing that the death has been registered together with the fee for the opening of the lot according to the fee found in the Price List, must be deposited with an official of the Corporation before interment can take place.

2.06 In the case of a cremation interment or inurnment, the cremation certificate and the prescribed fee for this service according to the Price List must be deposited with an official of the Corporation.

2.07 Persons requesting interments in lots or plots shall be held responsible for charges incurred.

2.08 When interment rights in a lot/plot are held jointly by two or more persons, an order will be accepted from either or any of them or their authorized representatives, for interment in such part of the plot as may be requested.

2.09 No lot shall be opened for interment or disinterment by any person not in the employ of, or under the direction of the Board, except under special circumstances, and by permission of the Board.

2.10 The interment fee includes the opening and closing of the lot and the registration of the burial.

2.11 The Corporation will exercise all due care in making interments and disinterments, but is not responsible for damage to any casket, urn or other container sustained during interment or disinterment.

2.12 No interment shall be permitted in any lot where the burial rights have not been paid in full.

2.13 Funeral corteges within the Cemetery shall follow the route indicated by the General Manager.

2.14 The Corporation reserves the right, at its cost, to correct any error that may be made by it in making interments, in the description of the lot, or the transfer or conveyance of any interment rights. The Corporation may either cancel such grant and substitute other interment rights, or lot of equal value and similar location, as far as is reasonably possible; or refund all money paid on account for such purchase. Notice will be given personally to the interment rights holders. If necessary, it may be mailed to the interment rights holders or their legal representatives, at their last address in the record books of the Corporation. In the event any such error may involve the disinterment of remains, the Corporation shall first obtain the approval of any regulatory authority and the interment rights holder.

2.15 Notice of each interment to be made shall be given to the General Manager of the Cemetery at least 24 hours in advance, 8 hours of which must be regular working hours. The Corporation cannot be held responsible for having lots prepared for funerals unless such notice is given.

2.16 No interment shall be made on Sunday or Statutory Holidays unless the Corporation is ordered to do so by a representative of the Ministry of Health.

2.17 A minimum of 48 hours notice is required to perform a disinterment.

2.18 Disintermentswill only be performed between April 15 - October 15.

2.19 Funerals will not be accepted on Sundays, Statutory Holidays, Monday to Friday after 4:30 p.m. or Saturday after 1 p.m.

2.20 Extra depth burials in lots purchased since January 1, 2000 are required to use an extra depth vault to contain the two caskets.

2.21 Where lots were purchased previous to 1955 and no Perpetual Care and Maintenance has been paid on said lot, a fee as determined by the Tariff of Rates on File with the Ministry will be charged on all future interments. This fee will be deposited to the Perpetual Care and Maintenance Fund.

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3.0 Crematorium Regulations

3.01 The general by-laws of the Corporation shall apply to the Crematorium as far as the nature of the case permits.

3.02 The Corporation cannot:

  1. cremate the remains of more than one person at once.
  2. cremate human remains together with animal remains.
  3. co-mingle cremated remains.

3.03 Prior to any cremation, an application for cremation form properly completed together with a Coroner's certificate and the fees for cremation shall be deposited with a Corporation representative,

3.04 Any body delivered to the crematorium for cremation must have any pacemaker or other radio active implant removed. A body delivered to the crematorium for cremation must be delivered in a closed casket or container and will be cremated in such a casket or container. Such casket or container must be constructed in a proper, rigid and workman-like manner of wood or other readily combustible material equal in minimum weight and strength to 7/8" pine. Without limiting its right to refuse to cremate in any case without assigning reasons as provided by the Cemeteries Act, the Corporation may refuse to cremate where a body is enclosed in a casket or container made in whole or part of asbestos, non-flammable materials, fibreglass, chlorinated plastic, fibre reinforced plastic, steel or any other substance which may impair or cause damage to the cremation retort or cause difficulty in the cremation process.

3.05 Cremated remains will be placed in a sealed temporary container, which will be furnished without additional charge by the Corporation.

3.06 The chapel and crematorium are available for committal services of all faiths, provided the services are conducted with reverence and decorum. The Corporation reserves the right to refuse the use of the chapel or cremator without assigning reasons.

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4.0 Columbarium Regulations

4.01 The by-laws of the Corporation shall apply to Columbarium as far as the nature of the case permits.

4.02 A proper Certificate of Cremation must accompany all cremated remains before inurnment can take place.

4.03 No inurnment shall be made without permission from the burial rights holder or a proper representative of the estate if the burial rights holder is deceased.

4.04 Compartments will be opened only by employees of the Corporation and sealed by them after an inurnment is made.

4.05 It is advisable that, the name of the person for whom inurnment is intended, be registered on the books of the Corporation, so that no complications may arise when request for inurnment is made.

4.06 No inurnment shall be permitted until all payments due to the Corporation have been made.

4.07 Flowers, wreaths and designs placed against or near any part of the Columbarium that are liable to stain or deface the structure, will be removed. No glass vases or other breakable items should be placed around the Columbarium. Nothing is to be attached to the face of the Columbarium.

4.08 No transfer of burial rights to a Columbarium shall be valid until approved by and recorded in the books of the Corporation.

4.09 The number of cremated remains to be placed in each niche is determined by the urn size and niche dimensions and in accordance with the designated policy for each Columbarium.

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5.0 Care of Lots - General

5.01 All lots and plots shall be maintained and kept properly graded, sodded and mown by employees of the Corporation.

5.02 While Care and Maintenance Funds provide for general maintenance of the grounds many Rights Holders wish to ensure special care of their lots in perpetuity. This can be done by depositing a sum of money with the Corporation or by a bequest in your will to the Corporation. Many Rights Holders have taken advantage of this endowment plan and as a result their lots are receiving the special attention they requested, although in many cases the donor has long since passed on. The interest only is used to provide the service requested so there is always an income to care for the lot. The amount needed depends upon the work desired and the size of the lot. Make sure that any endowment you may make is large enough so that the interest will do the work you request. Our General Manager will gladly estimate the amount needed for any individual lot.

5.03 PLANTING OF TREES OR SHRUBS IS STRICTLY PROHIBITED IN OAKLAND CEMETERY.

5.04 Shrubs, flowering or other plants may be cultivated on lots, but only such varieties that are in keeping with the general plan of the grounds and SUBJECT TO THE APPROVAL OF THE GENERAL MANAGER. No trees or shrubs growing within any lot may be removed or altered without the consent of the General Manager.

5.05 Evergreens are permitted only on lots having a monument and only one shall be planted on either side of the monument. All plantings must be approved by the General Manager.

5.06 The height of such shrubs and/or ornamental trees shall at no time exceed .91 metres (3 feet) above adjacent ground level.

5.07 The diameter of such shrubs and/or ornamental trees at their widest point, including all foliage shall at no time obstruct adjacent lots.

5.08 Interment rights holders desiring outside gardeners to do work on their lots must furnish the General Manager with written authority for the same. Gardeners, florists and/or their employees shall not enter the Cemetery on Sunday for business purposes.

5.09 If any trees or shrubs situated in any lot shall have become by means of their roots or branches or in any other way, detrimental to the adjacent lots, drains, roads or walks, or prejudicial to the general appearance of the grounds or in the way to open a grave, the Corporation may remove such trees, shrubs or parts thereof, after 30 days notice to the interment rights holder.

5.10 NO GLASS CONTAINERS of any kind are allowed in the Cemetery at any time.

5.11 Borders to protect flowers can only be installed by permission of the General Manager.

5.12 Nails, wires, wooden crosses, articles of glass or pottery or any other material that create a hazard to workers and to visitors when neglected or broken are not allowed in the Cemetery.

5.13 The Corporation shall not be responsible for loss or damage to any articles left upon any lot or plot.

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6.0 Care of Lots - Flowers

6.01 The Corporation reserves the right to remove all flowers, potted plants, wreaths and baskets of flowers when they become withered or unsightly, or for any other reason such removals are in the best interest of the Cemetery.

6.02 During the growing season, wreaths are not permitted. Flowers, artificial or fresh are allowed in unbreakable vases.

6.03 Vases, urns and flower stands not properly cared for and not filled with plants by the twentieth of June in any year may be removed from the lots and any stand, holder, vase or other receptacle for flowers which are unsightly or unsuitable may be prohibited or removed by the General Manager.

6.04 Flower beds not exceeding 45.72 cm (18 inches) in width shall be permitted in front of the monument base. Flower beds or shrubs are NOT PERMITTED ON FLAT MARKER LOTS. Planting of borders around entire lots is prohibited.

6.05 Flower beds are required to be cleared of tender plants after the first frost of the autumn. Interment rights holders desiring to take any plants away should do so before their removal becomes necessary.

6.06 Those who place potted plants or urns, not planted by the Cemetery, are responsible for their upkeep and must remove them by October 15.

6.07 Cement urns are allowed to remain after October 15 by the Cemetery lot but must be placed upside down as close to the monument base as possible.

6.08 Artificial wreaths without glass covers are allowed to be placed on the lot after November 15th, provided they are securely fastened to the monument, or where there is no monument, mounted on a stand of at least 76.20 cm (30 inches) high securely anchored to the ground.

6.09 To preserve the proper appearance of the grounds, artificial wreaths must be removed before MARCH 31 of each year, otherwise the Corporation's representative will remove and dispose of them.

6.10 Flower vases must be removed or turned down by October 15.

6.11 A maximum of two flower vases per lot is allowed.

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7.0 Flower & Wreath Services

7.01 The Corporation's Staff is qualified to give special attention to lots and their beautification. The Staff can supply flowers and look after their planting and care. The Staff can fertilize, top-dress, and give special trimming to the grass on private lots. The Staff can level memorials. Any special service Rights Holders may wish their lots to have, can be obtained through the Corporation's office at a moderate cost.

7.02 Monument saddles may be purchased at the Corporation's office and may remain on the monument year-round. However, when the saddle shows signs of deterioration, it will be removed so that it will not detract from the general appearance of the Cemetery.

7.03 Interment Rights Holders who would like a memorial wreath placed for them during the winter months may make a selection from a display in the Corporation's office. The price includes the placing of the wreath by our Staff, the use of a metal stand and an identification tag.

7.04 Artificial arrangements and wreaths are allowed from November 15 to March 31. If you wish to keep your wreath please remove it before March 31. After this date they will be removed and discarded by our Staff.

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8.0 Monuments & Markers

8.01 No monument or other structure shall be erected or permitted on a lot until all charges have been paid in full.

8.02 No inscription shall be placed on any monument or marker which is not in keeping with the dignity and decorum of the Cemetery.

8.03 No monument, footstone, marker or memorial of any kind shall be placed, moved, altered or removed without permission from the General Manager.

8.04 No monument or marker will be accepted by the Cemetery without the Request for Installation form duly completed.

8.05 Every person installing a monument or marker in the Cemetery shall pay the prescribed amount, as set out in the Cemeteries Act, to the Corporation's Care and Maintenance Fund. The interest earned from this fund will be used to maintain the markers or monuments in a safe condition.

8.06 If a monument or marker in the Cemetery presents a risk to public safety because it is
unstable, the Board shall do whatever is necessary by way of repairing, resetting or laying down the marker to remove the risk. '

8.07 Minor scraping of the base portion of the upright monuments due to the turf mowing operation is considered by the Corporation to be normal wear.

8.08 The Corporation 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 monument, or part thereof except where such damage or loss is due to its negligence

8.09 Only one monument may be installed per plot in an upright area, and only one flat marker per grave space. Four corner posts are allowed on an upright plot, two corner posts are lowed on a flat marker plot. Monument must be centered at the end of the plot designated for it.

8.10 The face area, including the base, of any monument, shall not exceed fifteen per cent of the surface of the lot, and the length of the base shall not exceed sixty percent of the width of the lot. The base area of any monument must not exceed ten percent of the surface area of the lot.

8.11 The minimum thickness of a die should be 15.24 cm (6 inches). For each 30.48 cm (1foot) in height above 81.28 cm (32 inches) from ground level, a corresponding increase of 5.08 cm (2 inches) in thickness must be made in the base of the diestone.

8.12 The die stones must be installed on a granite base. The height of the base shall be a minimum of 20.3 cm (8 inches). The top surface of the base must be both wider and longer than the die in order to provide a minimum border of 7.6 cm (3 inches) of the surface of the base exposed on all sides. Bottoms of the base shall be smooth sawn.

8.13 Monuments can only be erected on lots designated for monuments and not in any area designated for "Flat Markers Only".

8.14 Unless adjoining plots are owned, both sides of the stone cannot be used.

8.15 All photographs attached to any memorials or placed within the Cemetery grounds shall be the sole responsibility of the owner

8.16 All foundations for monuments and markers shall be built by the Corporation at the expense of the interment rights holder.

8.17 No foundations may be constructed after October 15th in any year and before April 1st in the following year.

8.18 The foundation shall be built in the designated space and in the proper dimensions of the monument base. If incorrect dimensions have been given on the application form, signed by the interment rights holder and/or the supplier, the foundation must be immediately removed and rebuilt by the cemetery at the expense of the interment rights holder. Foundations will be not less than 1.52 metres (5 feet) deep where ground conditions permit, and they will be set at the managers direction. Foundations must be cured for a minimum of 48 hours before placing the monument.

8.19 Markers will be accepted for installation during regular working hours. If weather and ground conditions permit, installations will be made within 60 days after acceptance. Markers will not be accepted from any monument dealer for storage during the winter months.

8.20 Bronze is not permitted on flat markers.

8.21 Flat Markers are to be flat on top and set level with the ground so that a lawnmower can pass safely over them and shall be set by employees of the Corporation.

8.22 The minimum thickness for all flat markers including footstones is 10 cm (4 inches).

8.23 All markers and monuments shall be constructed of granite or marble. The bottom bed of all bases and markers shall be cut level and true.

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9.0 Rules for Visitors

9.01 Visitors are always welcome at the Cemetery during the open hours, from 8:00 a.m. until sundown. They are asked to remember the respect due to the dead.

9.02 The General Manager and his/her assistants are empowered and are required to preserve order and decorum in the cemetery.

9.03 No parades other than funeral processions shall be admitted to or be organized within the Cemetery.

9.04 Children under the age of twelve years are welcome in the Cemetery grounds when accompanied by an adult, who shall be responsible for their good conduct and shall see that they do not run over the lots or climb upon the monuments.

9.05 Vehicles within the Cemetery shall be driven at a moderate rate of speed and shall not leave the avenues or park on the grass unless directed to do so by the General Manager.

9.06 No all terrain vehicles or snowmobiles are allowed in the cemetery.

9.07 Proprietors of vehicles and their drivers shall be held responsible for any damage done by them.

9.08 Discharging of firearms, other than in regular volleys at burial services is prohibited in and around the Cemetery.

9.09 Dogs and other pets must be restrained by a proper leash and accompanied by their owner.

9.10 Any person who, in the Cemetery, damages or moves any tree, plant, marker, fence, structure or other thing usually erected, planted or placed in a Cemetery is liable to the Corporation and any interment rights holder who, as a result, incurs damage. The amount of damages shall be the amount required to restore the cemetery to the state that it was in before anything was damaged or moved by the person liable.

9.11 Any complaints by interment rights holders or visitors should be made to the General Manager, and not to workers on the grounds and controversies with workers or others on the grounds are to be avoided.

9.12 Any person disturbing the quiet and good order of the Cemetery by noise or other improper conduct or who violates these by-laws, shall be expelled from the grounds.

9.13 Any article which is detrimental to efficient maintenance or constitutes a hazard to machinery, employees or visitors, or is unsightly or does not conform with the natural beauty or design of the Cemetery, may be removed by the Corporation. An article removed will be held at the Corporation's office for collection. If not collected, it will be disposed of after 60 days. This does not include winter wreaths.

9.14 No tips or gratuities are to be given to Cemetery workers by visitors or interment rights holders, nor shall any be accepted by any Cemetery worker.

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10.0 General Provisions

10.01 This by-law is subject to the provisions of the Cemeteries Act. To the extent that any particular provision of this by-law is in conflict with the provisions of the Cemeteries Act, the provisions of the Cemeteries Act shall govern and this by-law shall be deemed to have been amended to conform thereto in all respects.

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