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Cemetery Management Bylaw, No. 913, 2009

This page was last reviewed on August 27, 2015.

BYLAW NO 913

A Bylaw relating to the operation and maintenance of cemeteries owned or operated by the Municipality

WHEREAS pursuant to the Community Charter, Council may, by bylaw, among other powers, regulate, maintain and operate cemeteries and establish the fees, terms and conditions under which persons may acquire the right to make use of areas of lots in a municipal cemetery, subject to the Cremation, Interment and Funeral Services Act;

AND WHEREAS the Cremation, Interment and Funeral Services Act, provides that every operator of a cemetery must make bylaws, including bylaws respecting the administration and operation of the cemetery, the rights, privileges and responsibilities of the operator, rates and charges and size, class and kind of memorials;

NOW THEREFORE the Council of the Corporation of the Village of Cumberland, in open meeting assembled, enacts as follows:

DEFINITIONS

1 In this Bylaw, terms defined in the Cremation, Interment, and Funeral Services Act shall have that meaning except where further defined in this Bylaw; and the following terms, words and phrases shall have the meanings set forth in this section, whether appearing in capital or lower case form:

a) “ACT” means the Cremation, Interment and Funeral Services Act, S.B.C. 2004, C35 and Regulationsadministered by the Administrative Authority, as may be amended or replaced from time to time.
b) “LEGAL REPRESENTATIVE” means the person that may legally represent the deceased or a living person under the circumstances; for example, the Person Controlling Disposition when determining particulars of Interment, an administrator or executor for other affairs of a deceased person or the guardian, public trustee or power of attorney for a living person.
c) “CARETAKER” means the Public Works Foreman, or duly appointed deputy or designate.
d) “CARE FUND” means “care fund” as defined in the Act and specifically for the Cemeteries operated by the Corporation of the Village of Cumberland.
e) “CASKET SPACE” means a Lot that is configured and large enough to hold a full size adult body encased in a casket.
f) “CEMETERY” means any and all parcels or tracts of land set aside, used, maintained or operated as a cemetery by the Corporation of the Village of Cumberland whether appearing in the plural or singular.
g) “CEMETERY MANAGER” means the Corporate Officer for the Corporation, or duly appointed deputy or designate.
h) “COMMINGLED” means the intentional mixing of the Cremated Remains of more than one deceased person.
i) “CONTROL DISPOSITION” means the person or agency as defined in Section 5 of the Act who has the authority to control the disposition of the Human Remains or Cremated Remains.
j) “CORPORATION” means the Corporation of the Village of Cumberland.
k) “COUNCIL” means the Council of the Corporation of the Village of Cumberland.
l) “FAMILY MEMBER” means a parent or step-parent, a grandparent or step-grandparent, a sibling (natural, adopted or step), a spouse (married or common-law), a child (natural, adopted or step) or a grandchild (natural, adopted or step).
m) “FEES” means the schedule of fees as prescribed in Schedule “A” of this Bylaw.
n) “LOT” means a discrete space used, or intended to be used in a Cemetery, for the Interment of Human Remains or Cremated Remains under a Right of Interment and includes a Casket Space, Urn Space or Niche.
o) “NEXT OF KIN” means the nearest relatives of the deceased, and for the purposes of this Bylaw, determination of “nearest” will be in the same order as is prescribed for the Control of Disposition in Section 5 of the Act.
p) “NICHE” means a space within a Columbarium or structure designed for the Inurnment of Cremated Remains.
q) “NON-RESIDENT” means any person who, at the time of death was not a resident as defined in this Bylaw.
r) “RESIDENT” means a person, who at the time of death, or at the time of moving to a care facility, lived or owned property in the Village of Cumberland for a period of at least one year.
s) “URN SPACE” means a Lot that is sized and configured to hold Cremated Remains encased in an urn or container.

APPLICATION OF BYLAW

2 The following lands are operated, used and maintained by the Corporation as a cemetery and the lands and all activities relating to those lands are subject to the provisions of this bylaw:

a) Cumberland Municipal Cemetery, legally described as:

Lot 1, Plan 11072, Section 25, Township 10, Comox Land District

PID: 005-104-505

Folio: 516 02200.002

b) Cumberland Japanese Cemetery, legally described as:

Lot E, Plan VIP65968, Section 25, Township 10, Comox Land District, Except Plan VIP67631

PID: 023-888-539

Folio: 516 00526.268

c) Cumberland Chinese Cemetery, legally described as:

Plan 3593021, Section 25, Township 10, Comox Land District, OF PL 552H

PID: Not designated

Folio: 516 00526.160

3 The administration of the Cemetery shall be carried out in accordance with the Act, regulations pursuant to the Act and this Bylaw.

ADMINISTRATION OF BYLAW

Council

4 The Council shall continue as the Board of Cemetery Trustees.

5 Council may determine size and layout of the Lots, the developments and improvements to be carried out and made in the Cemetery, subject to compliance with the Act.

Cemetery Manager

6 The Cemetery Manager is responsible for the general administration of the Bylaw and is authorized to

a) maintain all records and information for the administration, operation, maintenance and management of the Cemetery as is required by the Administrative Authority under the Act;

b) issue all Rights of Interment and other permits and authorizations required and authorized by this Bylaw; and

c) establish Cemetery Policy, subject to this Bylaw and the Act.

Caretaker

7 The Cemetery Caretaker is responsible to supervise and coordinate the following:

a) cemetery services provided on-site including

(i) preparation and Interment;

(ii) installation of markers and Memorials; and

(iii) Disinterment and Exhumation;

b) the maintenance and repair of grounds, structures, fencing, roads, paths, plots and Memorials within the Cemetery;

c) the preparation and submission of records and documentation required by the Cemetery Manager relating to on-site activities; and

d) any other work relating to cemetery maintenance and performance of cemetery services as may be directed by the Cemetery Manager.

AUTHORIZATIONS & PERMITS

Right Of Interment

8 The Corporation, by way of an Interment Right Contract, may grant to any person, subject to payment of Fees, a Right of Interment in a specified Lot.

9 The Interment Right Contract shall be in the form prescribed in Schedule “B”.

10 The Corporation shall provide to the applicant at the time of application for a Right of Interment

a) the terms and conditions for the Interment Right Contract as included in Schedule “B”;

b) a schedule of all current Fees applicable to approvals, permits, products and services relating to the Cemetery; and

c) all other information regarding rights, rules and obligations applicable to the Cemetery which is requested by an applicant or which is deemed relevant by the Cemetery Manager to assist the applicant in making an informed purchase.

11 A Right of Interment does not vest in the holder any title or interest in the land or Lot but instead provides for the right to inter the person named on the Interment Right Contract.

12 The issuance of a Right of Interment does not entitle the holder to require the Corporation to inter the Human Remains or Cremated Remains of the designated person in the Lot unless the holder complies in all respects with the provisions of the Bylaw, including, without limitation, the payment of Fees related to the Interment.

13 All Rights of Interment issued for the Cemetery shall be subject to the provisions of this Bylaw and all bylaws now or hereafter passed by the Council which relate to the operation and maintenance of the Cemetery.

14 An Interment Right Holder may only designate one Lot for his or her own use and may only enter an Interment Right Contract for another party as their Legal Representative.

15 A Right of Interment for any unused Lot may be transferred to a Family Member at the discretion of the Cemetery Manager subject to the following:

a) the Interment Right Holder completes an Interment Right Transfer as prescribed in Schedule “E”;

b) the original Interment Right Contract is surrendered to the Corporation;

c) the “new” Interment Right Holder completes an Interment Right Contract (Schedule “B”); and

d) all applicable Fees, which may include the following, are paid in full:

(i) An Administration Fee; and

(ii) The difference between Fees paid originally and current Fees if the residency status for the “new” Interment Right Holder has changed.

16 A Right of Interment may be surrendered to the Corporation at the discretion of the Cemetery Manager. A refund, calculated pursuant to Section 17, will be issued to the Interment Right Holder or the Legal Representative provided

a) there are no Interments in the designated Lot;

b) the Interment Right Holder, or their Legal Representative, completes an Interment Right Surrender as prescribed in Schedule “F”; and

c) the original Interment Right Contract is surrendered to the Corporation.

17 A refund described in Section 16 shall be calculated as follows:

a) the amount paid originally for the Right of Interment;

b) less the Care Fund contribution paid on original purchase;

c) less the taxes calculated on the original Care Fund contribution;

d) less the Fee prescribed in Schedule “A”;

e) less any costs associated with the removal of any Memorial that is on or embracing the surrendered Lot; and

f) less taxes on amounts determined under (d) and (e).

18 Upon approval of the Administrative Authority, a Right of Interment may be reclaimed by the Corporation subject to Section 25 of the Cremation, Interment and Funeral Services Regulation, B.C. Reg. 298/2004 O.C. 660/2004 where

a) the Interment Right Holder would be at least 90 years of age;

b) a minimum period of 50 years has elapsed from the date of purchase;

c) a minimum 90 days has passed since notice of intent to reclaim has been sent to the Interment Right Holder; and

d) the Corporation has made diligent attempts to contact the Interment Right Holder.

Authorization To Inter

19 No Human Remains nor Cremated Remains shall be interred without an Interment Permit approved by the Cemetery Manager.

20 The Intermit Permit shall be in the form prescribed in Schedule “C”.

21 All applications for a Right of Interment and an Interment Permit must be made at the Municipal Office during regular office hours.

22 An Interment Permit shall be obtained at least two (2) working days prior to Interment in the Cemetery. The Cemetery Manager may at his sole discretion, schedule the Interment in a shorter time frame subject to full compliance with all other applicable provisions of this Bylaw and availability of staff to perform the Interment.

23 Prior to issuing an Interment Permit, the Cemetery Manager shall ensure compliance with the Act and this Bylaw, that all Fees applicable to the Interment are paid in full and that all records relating to the Interment, as required by Section 27 of the Cremation, Interment and Funeral Services Regulation, B.C. Reg. 298/2004 O.C. 660/2004, are on file by obtaining the following documents:

a) A fully executed Interment Right Contract;

b) A fully executed Interment Right Transfer if applicable;

c) A copy of the burial permit or other document as required under section 22 of the Vital Statistics Act for the burial of Humans Remain or a Certificate of Cremation; and

d) The Interment Permit completed in full and signed by the person who Controls Disposition.

24 Any person making application for an Interment Permit shall provide the Cemetery Manager with all information and documentation required in order for the Corporation to comply with applicable legislation and this Bylaw.

25 Commingled Cremated Remains must be disclosed to the Cemetery Manager upon application for Interment Permit.

26 Prior to issuing an Interment Permit for Commingled Cremated Remains and in addition to the requirements set out in Section 23, the Cemetery Manager must

a) obtain express written authorization from each Person Controlling Disposition;

b) be satisfied that each Person Controlling Disposition clearly understands that the result is permanent and irreversible; and

c) ensure that an Interment Right Contract is on file for each of the deceased.

27 The Cemetery Manager may approve up to four Cremated Remains in addition to one Human Remains Interment in any Casket Space, provided each Interment complies with information and restrictions indicated on, or supplied with, the corresponding Interment Right Contract and upon review and acceptance of a completed Authorized Approval For Additional Interments as prescribed in Schedule “G”.

Authorization To Exhume Or Disinter

28 No Human Remains nor Cremated Remains shall be Exhumed or Disinterred without approval by the Cemetery Manager in the form of an Authorization to Exhume or Disinter as prescribed in Schedule “H” attached to and forming part of this Bylaw.

29 Prior to issuing the Authorization to Exhume or Disinter, the Cemetery Manager shall

a) ensure that the Corporation has complied with Section 16 of the Act;

b) obtain written permission from the Person Controlling Disposition for the Human Remains or Cremated Remains to be Disinterred or Exhumed; and

c) collect all applicable Fees.

30 The applicant for the Exhumation or Disinterment shall be responsible for any damage that may occur to a casket, urn or other container as a result of the Exhumation or Disinterment.

31 In the event that a Funeral Provider is required to transport Human Remains Disinterred, the applicant for the Exhumation or Disinterment is responsible for contracting and paying for that service.

Authorization For Memorials

32 The Interment Right Holder, the Person Controlling Disposition or a person otherwise authorized by the Cemetery Manager, may make application for a Memorial Permit, in the form prescribed in Schedule “D”.

33 All Fees relating to the Lot, Interment and Memorial installation must be paid in full prior to the Cemetery Manager issuing a Memorial Permit.

34 The Corporation shall provide to an applicant at the time of application for a Memorial Permit

a) the schedule of Fees applicable to Memorial installation and any other products which are available or required for the enhancement of the Lot;

b) specifications for Memorials as prescribed in this Bylaw; and

c) information regarding regulations and requirements set out in this Bylaw regarding the installation, maintenance and removal of any Memorials.

CEMETERY SERVICES

Interment

35 No person other than the Caretaker or other person duly authorized by him or the Cemetery Manager shall dig, inter or disinter Human Remains or Cremated Remains in the Cemetery.

36 Only Human Remains or Cremated Remains of a human body, shall be interred and memorialized in the Cemetery.

37 All Interments shall be conducted with all reasonable care and attention.

38 All Interments shall be conducted to comply with the specifications in the Interment Permit issued by the Cemetery Manager.

39 Interments shall be in predefined Lots as defined in Cemetery plans on record with the Cemetery Manager.

40 Only one urn or container shall be interred in an Urn Space or Niche.

41 A Casket Space may contain one Human Remains Interment and up to four Cremated Remains Interments subject to the conditions outlined in Sections 27 and 42.

42 No Human Remains Interment will be permitted in a Casket Space after Cremated Remains have been interred in that Lot.

43 Each Interment in the Cemetery other than the Interment of Cremated Remains, shall be made in a Casket Space dug to a depth sufficient to provide for not less than 1.0 meter of earth between the upper surface of the casket and the level of the ground surrounding the Casket Space.

44 Each Interment of Cremated Remains in the Cemetery shall be made in the Lot not less than 0.6 m deep.

45 Cremated Remains must be encased in a sealed container which is rigid and not biodegradable, and does not exceed 25 x 25 x 25 cm in size.

46 Interments shall be performed between the hours of 8:30 a.m. and 3:30 p.m. Monday to Friday or at other times approved by the Cemetery Manager subject to the payment of additional Fees and the availability of staff to perform the Interment.

47 The purchaser of the Interment Permit shall be responsible for additional Fees if the Human Remains or Cremated Remains are delivered to the Cemetery later than the scheduled Interment time indicated on the Interment Permit.

48 The Caretaker shall ensure that Cremated Remains, delivered to the care of the Corporation prior to the scheduled Interment date and time, are stored and transported to the site in a safe and secure manner.

49 Where the Interment Permit for Cremated Remains does not specify a date for Interment, the Caretaker will ensure they are interred within 10 days of receipt.

50 If family and friends will be witnessing the Interment

a) this must be communicated to the Corporation by the applicant at the time of application for the Interment Permit;

b) the Corporation is not liable for any injury to members of the public that are attending or witnessing an Interment; and

c) all proceedings at the Interment site are under the sole direction of the Caretaker or his delegate.

Interment By Direction Of The Medical Health Officer

51 Where an Interment is subject to direction or an order of the Medical Health Officer pursuant to the BC Public Health Act, the Cemetery Manager must be notified immediately and regardless of whether the Interment is to occur outside regular office hours.

52 The Cemetery Manager and Caretaker shall obtain specific instructions from the Medical Health Officer respecting the Interment and the safety of all persons who may come into contact with the casket or container bearing the Human Remains in each case.

53 The Caretaker will attend the Interment and will ensure that the instructions supplied by the Medical Health Officer respecting the Interment are fully and carefully followed by those performing the Interment and any person granted permission to attend the Interment.

54 Record of the order or direction must be kept on file with the Interment Right Contract and indicated on the site plan.

55 The Cemetery Manager has authority to waive any other provision of this Bylaw as required to comply with an order or direction of the Medical Health Officer.

Exhumation And Disinterment

56 The Corporation’s responsibility with respect to Exhumation or Disinterment is limited to

a) excavation of sufficient quantities of soil to permit access to the Human Remains or Cremated Remains;

b) removal of intact burial containers; and

c) closure of the Lot.

57 The Corporation shall exercise all reasonable due care and attention but is not responsible for damage sustained to any casket, urn or other container during the Exhumation or Disinterment.

58 In accordance with Section 18 of the Act, a Funeral Provider must receive Human Remains immediately after the Lot is opened unless the Human Remains are being interred in another Lot within the same Cemetery.

MEMORIALS

Ground Interment Memorials

59 All Memorials for in-ground Interments shall be constructed of granite or bronze or other material of a permanent nature as approved by the Cemetery Manager. Bronze Memorials must be set on a concrete or granite base.

60 The finished dimension for in-ground Memorials (granite or bronze attached to a concrete base) shall be approximately 10 cm in thickness and a height and width not to exceed for a

a) single Casket or Urn Space: 40 x 70 cm

b) double Casket Space:

(placed on two adjacent lots): 60 x 80 cm

61 All markers shall have inscribed in small letters in the lower left hand corner of the Memorial the location of the Lot showing section and Lot number.

62 Memorials shall be installed flush with the ground. For clarity, no standing Memorials shall be permitted except those installed prior to the effective date of this Bylaw.

63 A Memorial, as prescribed in Section 60 (a), (b) and (c) may be placed for each Interment in a Casket Space.

64 At the sole discretion of the Cemetery Manager, a double Casket Space Memorial may replace two single Memorials for multiple Interments on a single Casket Space where the width of the Memorial does not exceed 70 cm.

Niche Wall Memorials

65 The Caretaker shall arrange for engraving for Interments in a Niche in order to conform with the approved design and specifications as established by the Corporation. No other Memorial nor plates shall be permitted.

66 The applicant for the Memorial Permit is responsible for providing correct inscription instructions and is responsible for costs to correct or replace a Memorial as a result of an error or omission made by the applicant.

Memorial Installation, Maintenance And Removal

67 Regardless of an approved Memorial Permit, the Cemetery Manager or Caretaker may reject Memorials that

a) do not comply with the requirements of this Bylaw;

b) contain epitaphs deemed inappropriate by the Cemetery Manager, including those referencing pets; or

c) are otherwise not in keeping with the standards of the Cemetery.

68 All Memorials shall only be placed, installed or removed by the Caretaker or persons duly authorized by the Caretaker and only upon receipt of a Memorial Permit approved by the Cemetery Manager.

69 The Caretaker is authorized to remove any Memorial installed contrary to this Bylaw and all related costs or damages will be the sole responsibility of the installer.

70 Installations of Memorials shall occur during regular business hours of the Corporation and as soon as possible after delivery of the Memorial to the Corporation dependent on weather conditions, ground conditions and availability of staff.

71 The Corporation shall not be held liable for, or be obliged to repair, any damage to, breakage of or loss of any Memorial in the Cemetery, except where resulting from the negligence of the Caretaker or employees of the Corporation.

72 Placement for all Memorials shall conform to the approved plan of the Cemetery which shall be reviewed and approved by the Cemetery Manager from time to time to ensure that Memorial placement allows for inscriptions or writings to be visible from designated pathways and to maintain an organized and attractive landscape within the Cemetery.

73 The applicant for the Memorial Permit or the Next of Kin, are responsible to keep the Memorial in proper repair at their expense and to the satisfaction of the Corporation.

74 Where a Memorial falls into a state of disrepair, the Caretaker shall document the condition and, with written permission from the Cemetery Manager, remove the Memorial.The Cemetery Manager shall make a reasonable effort to contact the Next of Kin indicated on the Interment Permit prior to granting permission.

GENERAL PROVISIONS AND REGULATIONS

Cemetery Hours

75 Each Cemetery shall be open to the Public at 7:00 a.m. every morning and closed to the Public at 8:00 p.m. every evening.

Flowers, Plants And Objects Left As Memorials Or Lot Adornments

76 No Lot shall be defined by a fence, railing, curb, hedge, or by any other marker except for an approved Memorial as prescribed in this Bylaw.

77 Cut flowers, wreaths and floral offerings may be placed on Lots in a Cemetery, but may be removed by the Caretaker when he considers their condition is unattractive or detracts from the overall esthetics of the Cemetery.

78 No potted plants are permitted.

79 Plant materials or other adornments associated with seasonal events or celebrations shall be removed within 30 days after the event by the Caretaker or sooner if deemed unattractive by the Caretaker.

80 Artificial flowers or plastic wreaths may be placed from November 1st of each year but will be removed after March 31st of the following year. If they interfere with an adjacent Lot the Caretaker may remove them sooner.

81 Any other articles or items, including but not limited to, personal mementos, photos, decorative or breakable vases, candles, landscape rock, plants and plantings may be removed and disposed of by the Corporation without prior notice to the Next of Kin.

82 In ground containers for cut flowers are permitted if acquired from the Corporation and installed by the Caretaker.

83 The Corporation is not responsible for any lost, stolen or damaged articles left in the Cemetery or for those items removed by the Caretaker pursuant to this Bylaw.

Restrictions On Activities Within And Around The Cemetery

84 Every person, including those in funeral processions, while entering and within a Cemetery, shall obey the instructions of the Caretaker and instructions displayed on official signage posted by the Corporation.

85 A person not behaving with proper decorum within the Cemetery or who disturbs the peace, quiet and good order of the Cemetery may be evicted by a law enforcement officer or employee of the Corporation.

86 No person shall discharge any firearm within a Cemetery, except at Military Funerals where the discharge of firearms is permitted only in regular volleys, under the command of the officer in charge, and only during the conduct of the burial service.

87 No person shall plant, remove, cut down or destroy, any trees, shrubs, plants, flowers, bulbs or rocks in a Cemetery unless authorized to do so by the Cemetery Manager or Caretaker.

88 No person shall damage or deface any Memorial, monument, gate, structure or improvement within a Cemetery.

89 No person shall deposit any rubbish or offensive material within a Cemetery.

90 No person shall solicit within the boundaries or near the entry of a Cemetery.

91 No person shall play at any game or sport within a Cemetery.

92 No person shall carry, or possess, a bottle or other container of liquor as defined in the Liquor Control and Licensing Act (BC) while in the Cemetery.

93 Cemetery roadways are for the exclusive use of Interment processions, Cemetery patrons or employees, or others as approved by the Cemetery Manager.

94 All operators of vehicles shall obey the instructions of the Caretaker and shall not exceed 20 kilometers per hour within the boundaries of the Cemetery.

95 No person owning or having custody, care or control of a dog shall allow the dog to be within a Cemetery unless the dog is kept on a leash of a maximum length of three metres (3 m).

96 No person owning or having custody, care or control of a dog shall allow the dog to deposit excrement within a Cemetery unless that person immediately removes the excrement and disposes of it in a sanitary manner.

97 No overnight parking or camping is permitted in the Cemetery.

FINANCIAL ADMINISTRATION

Fees And Charges

98 Fees for cemetery services, rights and products are set out in Schedule “A” attached to and forming part of this Bylaw.

99 Fees must be paid in full and in advance of issuing a right, permit, service or product under this Bylaw.

100 Fees must be received at the Municipal Office of the Corporation during regular office hours as posted by the Corporation.

101 The Corporation shall not enter into a Preneed Cemetery Services Contract. For further clarity, no Fees shall be collected or commitments made to inter, disinter, install a Memorial or to provide a product for a funeral or cemetery service for a person who is living, other than for an Interment Right Contract.

Cemetery Care Fund

102 A Care Fund for the future maintenance and care of the Cemetery and the Lots shall be established and maintained.

103 The Care Fund will be maintained at the Corporation’s financial institution in a separate account designated as the Cemetery Care Fund.

104 The Financial Officer for the Corporation shall be responsible to ensure

a) that funds are collected and deposited as prescribed by the Act;

b) that accounting records identify balances pertaining to each Cemetery;

c) any investment of monies in the Care Fund is permitted under the Act; and

d) that the Care Fund is, at all times, maintained in accordance with the Act.

105 Income earned from investing the Care Fund, may be used for the upkeep and maintenance of the Cemetery in the year earned if included as a source of funds in the current five year financial plan of the Corporation.

106 Where the income earned from investing the Care Fund is not used in the year earned, income earned shall be retained in the Care Fund to increase the principal sum of the Fund.

107 The principal portion of the Care Fund shall not be reduced other than in accordance with an order from the Administrative Authority pursuant to the Act.

108 The Cemetery Manager may, on behalf of the Corporation, accept voluntary payments to the Care Fund from any person or organization.

ENFORCEMENT AND PENALTIES

109 Any person who violates any provision of this Bylaw or who suffers or permits an act or thing to be done in contravention of this Bylaw, or who neglects to do or refrains from doing any act or thing which is required by any provision of this Bylaw, commits an offence punishable on summary conviction.

110 Every person who violates any of the provisions of this Bylaw and who commits an offence punishable on summary conviction shall be liable to a fine of not less than $500 and not more than $10,000 plus the cost of legal proceedings, or to a term of incarceration for a period of not more than 90 days, or both.

111 Any penalty imposed pursuant to this Bylaw shall be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law or legislation.

SCHEDULES

112 Schedules “A”, “B”, “C”, “D”, “E”, “F”, “G” and “H”, attached hereto, form part of this Bylaw.

TRANSITION

113 If a cemetery service, right or permit has been purchased and paid in full prior to the effective date of this Bylaw, but the action relating to that service, right or permit will not occur until on or after the effective date, no further charges shall be levied.

TITLE

114 This bylaw may be cited as “The Corporation of the Village of Cumberland Cemetery Management Bylaw No. 913, 2009.”

REPEAL OF PREVIOUS BYLAWS

115 “The Village of Cumberland Cemetery Bylaw No. 757, 2002 and The Village of Cumberland Cemetery Amendment Bylaw No. 880, 2007 and all other amendments thereto, are hereby repealed.

READ A FIRST TIME this 14th day of September, 2009.

READ A SECOND TIME this 14th day of September, 2009.

READ A THIRD TIME this 14th day of September, 2009.

READ A FOURTH TIME AND ADOPTED this 28th day of September, 2009.

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