Cemetery By-Law

CHENSTOCHOVER AID SOCIETY

 CEMETERY BY-LAW

WHEREAS the Chenstochover Aid Society (herein referred to as “the Society”) was incorporated December 18, 1914 pursuant to the laws of Ontario as a body corporate without share capital for the purposes of carrying out religious and charitable functions and is the owner of the Chenstochover Aid Society cemeteries at Bathurst Lawn and Dawes Road.

AND WHEREAS The Cemeteries Act (Revised) (Ontario) requires by-laws to be passed for the regulation of the Society cemeteries.

NOW THEREFORE the following is hereby passed as a by-law of Chenstochover Aid Society respecting the Chenstochover Aid Society cemeteries;

1. Members in good standing of the Society, in addition to the right to a lot on death without reservation, as provided in the Constitution of the Society, may reserve a lot in any cemetery operated by the Society.

2. Interment rights in the cemeteries owned by the Society shall not be sold to or permitted to be reserved by the general public or persons who are not members in good standing of the Society or members of the immediate family of members in good standing of the Society.

3. Any Interment Right conferred by any lot reservation ceases to exist upon the resignation or other termination of the membership of a member of the Society. No lot reservation and no Interment Rights sold or granted by the Society from time to time, may be sold or transferred by the owner thereof including by way of gift, bequest or other transfer made without consideration.

4. In accordance with the requirements of The Cemeteries Act (Revised) and the regulations thereunder, the Society shall repurchase the lot reservation and Interment Rights granted thereunder on demand and shall pay the sums prescribed under The Cemeteries Act (Revised) and the regulations thereunder from time to time.

5. No burial may be made in any lot in any cemetery owned by the Society of a person who is not of the Jewish religion or who is not a member of the Society or a member of his or her immediate family.

6. For purposes of this by-law, the immediate family of a member of the Society shall consist of a member’s unmarried children under the age of 25 years and unmarried children 25 years or older who are dependent on a member for support by reason of mental or physical disability or by reason of attendance at a recognized educational institution.

7. All interments in any lot in any cemetery owned by the Society shall be in accordance with The Cemeteries Act (Revised) and the regulations thereunder and in accordance with Jewish Law (Halacha) as interpreted by the Chairman, Board of Directors of the Society. No ashes of any body which has been cremated may be interred in any cemetery owned by the Society.

8. No concrete burial vaults or liners may be used at any cemetery owned by the Society.

9. No headstone or marker may be installed unless and until the Society shall have received the amount required to be deposited into the Care and Maintenance Fund for installation of a marker as determined under The Cemeteries Act (Revised) and regulations thereunder and the reimbursement of the cost of the foundation on which such headstone or marker is situate and a permit shall have been issued by the Society.

10. Where not inconsistent with The Cemeteries Act (Revised) and regulations thereunder the provisions of this by-law and any rules established hereunder annexed hereto as Schedule “A”, shall govern all interments, erections and preservation of headstones and fencing, landscaping and execution of conveyance of lots or Interment Rights, contracts. Where there are standards prescribed under the said Act or regulations thereto which are optional or which otherwise need not be followed the provisions of this by-law shall prevail. In all other cases, The Cemeteries Act (Revised) and regulations thereunder shall govern.

11. Prior to any grave being opened, a permit shall be obtained from the Society or its cemetery manager, currently the Bathurst Lawn Cemetery Association.

12. No person not employed by the Society or the Bathurst Lawn Cemetery Association shall perform any work on any cemetery owned by the Society without approval in writing from the Society. No flowers may be planted on any lot or other landscaping work be performed except by the Society’s cemetery manager, unless express written consent is given therefor by the Society.

13. Access to the cemeteries owned by the Society and any lot therein shall be restricted to the hours during which the Bathurst Lawn Cemetery Association is open from time to time.

14. The Society shall continue to maintain a Care and Maintenance Fund in accordance with the provisions of The Cemeteries Act (Revised) and regulations thereunder.

15. The Society shall receive from the Trustee of its Care and Maintenance Fund all income from the fund in accordance with the provisions of The Cemeteries Act (Revised) and regulations thereunder and shall maintain an account for the said income separate from the general accounts of the Society.

16. Funds so received shall be expended only for the purposes permitted under The Cemeteries Act (Revised) and regulations thereunder.

17. The cemeteries owned by the Society shall be supervised by the Board of Directors appointed by the Society. Where not inconsistent herewith and where not inconsistent with the provisions of The Cemeteries Act (Revised) and regulations thereunder, the Board of Directors may establish such rules and regulations (including revoking, amending and adding to the Rules annexed hereto as Schedule “A”), policies and procedures for the operation of the cemeteries including but not limited to, interments, erection of headstones or monuments, unveilings, landscaping, maintenance of graves, roads, walkways and common areas, fences, and security subject to the approval of the Ministry of Consumer and Commercial Relations pursuant to The Cemeteries Act (Revised).

18. The cemeteries owned by the Society at Bathurst Lawn cemetery shall be operated by the Bathurst Lawn Cemetery Association. The Society approves and adopts the rules and regulations passed by the said association as being applicable to its cemeteries, a copy of which are attached to (and marked as Schedule “B”) and form part of this by-law. The Chairman, Board of Directors and such other persons selected by the Board of Directors shall serve as the Society’s representatives to the Bathurst Lawn Cemetery Association.

19. The Board of Directors may charge for the maintenance of lots and markers that were sold before 1955 if no trust funds were collected for those purposes in such amounts as may be approved by the Ministry of Consumer and Commercial Relations pursuant to The Cemeteries Act (Revised).

20. The Board of Directors shall prepare and submit for approval all forms required under The Cemeteries Act (Revised) including Interment Rights contracts, Interment Rights Certificates, public information forms and price lists and shall ensure that all such documentation is approved as required under The Cemeteries Act (Revised) and regulations thereunder.

21. The Board of Directors may at any time and from time to time make such applications as it deems necessary to the Registrar appointed under The Cemeteries Act (Revised) for declaration or declarations that Interment Rights are abandoned and upon receiving a declaration to that effect may authorize further reservation of the same lot.

22. The Society shall not be responsible for errors in the location of graves lots arising from improper instructions of owners of interment rights. For purposes of this by-law, an order from a funeral director or from a person purporting to be a member of the immediate family or the personal representative of the interment rights holder, shall be deemed to be an order from the interment rights holder. The Society shall not be responsible for errors in opening graves where orders are given by telephone.

23. No disinterment of any body shall be permitted unless required pursuant to the order of a court of competent jurisdiction or otherwise required by law.

24. This by-law shall come into force upon and only upon being confirmed by the members of the Society entitled to vote thereon accordance with the provisions of the Corporation Act and upon approval by the Registrar appointed under The Cemeteries Act (Revised) and in accordance with the said Act and regulations thereunder.

ENACTED AND PASSED by the members of Chenstochover Aid Society at a general meeting of the membership held September 5, 1993.

SCHEDULE “A” TO THE CEMETERY BY-LAW
CHENSTOCHOVER AID SOCIETY
CEMETERY RULES
ENACTED BY THE BOARD OF DIRECTORS PURSUANT TO SOCIETY BY-LAWS

1. The cemetery owned by the Society at Bathurst Lawn Cemetery shall remain open at such times the Bathurst Lawn Cemetery Association remains open. Currently such hours are daily except Saturday’s and Jewish religious holidays from 9:00 a.m. to 4:00 p.m. in the summer, and until 3:30 p.m. in the winter, the summer and winter dates to be determined from time to time by the Bathurst Lawn Cemetery Association. On Fridays the cemetery shall be closed a 4:00 p.m. in the summer, and 2:00 p.m. in the winter, and no person shall have access thereto after those hours on Fridays.

2. No interment may take place on any Saturday or other Jewish Religious holiday, after 4:00 p.m. Sunday to Thursday or after 2:30 p.m. on any Friday or day preceding any Jewish Religious holiday.

3. No funeral or unveiling or installation of a monument or headstone may be held unless the time for same has been approved by the Society and in the case of a funeral a burial permit authorized and in the case of an unveiling a permit authorized and issued.

4. A Rabbi or Cantor of a Synagogue shall officiate at all interments and unveilings at the cemeteries owned by the Society. Other clergy may officiate if permitted by the Chairman, Board of the Directors of the Society or Board of Directors on such terms and conditions as determined by him or it from time to time.

5. Headstones or monuments shall be a maximum of eight (8″) inches deep, and a maximum of three (3′) feet high and a minimum of two fee six inches (2’6″) high in both cases from the top of the foundation to the top of the headstone and a maximum of two (2′) feet wide for a single stone and four (4′) feet wide for a double stone where double stones are permitted.

6. The Society may refuse to permit installation of any monument and may order the removal of any installed monument which contains any inscription which is undesirable, offensive, improper, either to any particular person or group of persons or to the public or any sector thereof in general. Before taking any action to remove a monument, the Board of Directors shall notify the Interment Rights holder or his or her personal representative or next of kin, at the address on record with the Society, and give such person thirty days from the date on which notice is mailed or sent to respond and shall consider such response, if any, and if requested meet with such person prior to removing any monument.

7. The Board of Directors may refuse to permit any monument dealer or maker to enter, or to install any headstone or monument on, the cemeteries owned by the Society unless it shall first be satisfied that such monument maker has liability insurance of not less than $1,000,000.00 and coverage under The Workers Compensation Act (Ontario). The Board of Directors may further refuse to permit any monument dealer or maker to enter, or to install any headstone or monument on, the cemeteries owned by the Society if such monument maker has previously violated these Rules, and in particular Rules 3, 5 and 6 hereof and has refused or neglected to remedy such violation until such time as such violation has been remedied.

8. No landscaping of graves, lots or other areas of any cemetery owned by the Society is permitted except with written permission of the Society or except where performed by the Bathurst Lawn Cemetery Association.

9. Vehicular access from the parking area at the Bathurst Lawn Cemetery to the entrance to the cemetery owned by the Society may be restricted or prohibited from time to time by the Bathurst Lawn Cemetery Association as part of its traffic control policies, including on Sundays and statutory holidays. No bicycles, motorized snow vehicles, motorcycles or off-road vehicles are permitted within the Bathurst Lawn Cemetery or on the cemeteries owned by the Society at any time.

10. Any person disturbing the quiet and good order of the cemeteries owned by the Society or other cemeteries located at the Bathurst Lawn Cemetery by noise or other improper conduct, or who violates these rules or the Society’s by-laws pertaining to its cemeteries, may be expelled or removed from the cemeteries owned by the Society and from the Bathurst Lawn Cemetery by the caretakers, manager or other person employed by the Bathurst Lawn Cemetery Association or any member of the Executive Committee thereof or by a member of the Board of Directors, and in addition may be subject to any other penalty or proceeding or action which may be brought under any law including The Cemeteries Act (Revised).

11.No person shall permit any pet or animal to enter or remain on the cemeteries owned by the Society at any time.

PLOT RESERVATION AGREEMENT
CERTIFICATE OF INTERMENT RIGHTS
INFORMATION PROVIDED TO THE PUBLIC FOR PLOT RESERVATION PURPOSES