Brookside Community Cemetery
Wardour Street - Bedford, NS
BROOKSIDE CEMETERY CORPORATION (the “Corporation”)
BY-LAWS
Preamble
This document contains the By-Laws of the Brookside Cemetery Corporation of Bedford (hereinafter referred to as “Corporation”) which was incorporated under chapter 146 of the Acts of 1927 by the Governor, Council and Assembly of Nova Scotia.
The By-Laws have been adopted by the Board of Trustees of the Corporation and ensures the safety of our families, employees and the maintenance of proper cemetery operations.
1.0 Definitions
The following terms shall have the noted meanings:
1.1 Burial: The opening and closing of a lot or grave (in ground) for human or cremated human remains;
1.2 Cemetery Zones - Permitted Uses:
Section 1 – full burial/cremation with monument or marker;
Section 2 – full burial/cremation with monument or marker;
Section 3 – full burial/cremation with monument or marker;
Section 4 – cremation with marker;
Section 5 – columbarium;
Section 6 – full burial/cremation with marker;
Section 7 – full burial/cremation with monument or marker.
1.3 Columbarium: A structure containing individual compartments for the placement of human cremated remains;
1.4 Entombment: The opening and closing of a Niche for cremated-human remains;
1.5 Footstone: A small marker denoting individual burials within a lot;
1.6 Interment Right(s): The right to require or direct the Burial of human remains or cremated human remains in a Lot or Niche;
1.7 Interment Rights Certificate: The document granting Interment Rights to an Interment Rights Holder in the form attached hereto as Schedule A;
1.8 Interment Rights Holder: The person, firm or corporation or the duly appointed successor or assign of said person, firm or corporation who has the right to direct the burial or removal of human remains, cremated human remains and associated memorialization options;
1.9 Lot: A lot is an area of Cemetery ground to which Interment Rights apply;
1.10 Marker: A memorial set flush and level with the ground in the Marker Space;
1.11 Marker Space: Unless otherwise specified on the Interment Rights Certificate, that portion designed to contain the marker;
1.12 Memorials: All Markers, Monuments, Columbarium Niche fronts or any other form used to inscribe the names of individuals buried or interred within the Cemetery;
1.13 Monument: An upright (above ground) memorial, constructed of granite or marble, installed within the designated Monument Space of a Lot(s);
1.14 Monument Base: That portion of the Monument, constructed of granite or marble, and set on a monument foundation to support the monument diestone;
1.15 Monument Diestone: Those portions of the Monument set on the Monument Base, containing the design and memorial inscription;
1.16 Monument Foundation: The concrete slab set on ground and supported with crushed rock to provide stability to the Monument Diestone. If the monument exceeds 40” in height, the foundation must extend below the frost line;
1.17 Monument Space: That portion of the Lot(s) designated to contain the Monument or Marker;
1.18 Niche: An individual numbered compartment in a Columbarium for the Entombment of cremated human remains.
2.0 Sale and Transfer of Interment Rights
2.1 Ownership of Interment Rights: Ownership of all Cemetery lands remains vested in the Corporation.
Interment Rights Holders acquire only the right and privilege to direct the Burial of human remains and the installation of Memorials. An Interment Rights Certificate will be issued to the Interment Rights Holder only upon receipt of payment in full.
2.2 Resale of Interment Rights: The Corporation reserves the sole and exclusive right to sell Interment Rights within the Cemetery.
Interment Rights Holders who wish to sell any unused Lot must offer same to the Corporation which shall purchase such unused Lot for the same price paid for same by the Interment Rights Holder less associated expenses and any portion of the purchase price contributed to the Perpetual Care Fund. Under no circumstances may an Interment Rights Holder subdivide or resell any or all of a Lot except as herein provided.
2.3 Removal of Memorials: If Interment Rights are sold back to the Corporation; any Memorials are to be removed before the transfer can be completed. The cost for removal including foundations and restoration shall be paid by the Interment Rights Holder authorizing the transfer.
3.0 Burials
3.1 Authorization, Information and Documents Required for a Burial:
Information Required: For each Burial, the Interment Rights Holder shall provide a statement in a form approved by the Corporation containing such information as may be required from time to time by the Corporation and in compliance with applicable Provincial legislation. Submission of such information form shall be accompanied by payment of the required fee imposed by the Corporation for such Burial.
3.2 Lots shall be opened and closed only by personnel authorized by the Corporation to perform such services. The Corporation retains the right to encroach upon adjacent lots for the purpose of effecting a Burial, such encroachments to include the temporary mounding of earth and relocation of Memorials. The Corporation will make every effort to restore adjacent lots to their original condition as soon as possible following the Burial. Funeral flowers delivered to any Lot at the time of Burial will remain on the Lot for a maximum of 10 days and will be removed at any time thereafter by the Corporation in its sole discretion.
3.3 Number of Burials: A maximum of one casket and two cremated remains or a total of three cremations may be buried in each single Lot unless otherwise specified on the document for the purchase of the Interment Rights.
3.4 Closed Caskets and Containers: Remains must be delivered to the Cemetery for Burial in a closed casket or container. Cremated remains must be buried in a container as described in 5.1.
3.5 Outer Containers: Caskets or urns may be interred without an outer container. Should an outer container of concrete, steel or other permanent nature be used, a service charge may apply.
3.6 Requirements for Removal of Casket, Containers or Cremated Remains: Human remains may be removed from a Lot provided that written consent of the Interment Rights Holder(s) is received by the Corporation.
Any required certificate from the local medical officer of health must be provided to the Corporation before removal of human remains from a Lot.
The Corporation will not be responsible for damage to any casket or container which occurs during the course of a removal. All required costs incurred during the removal including replacement of casket or container and restoration will be the responsibility of the Interment Rights Holder.
Removals will be completed at a day and time designated by the Corporation.
4.0 Memorialization
General
4.1 Removal of Memorials: Memorials purchased by anyone other than the Interment Rights Holder may be removed by the Corporation upon written request from the Interment Rights Holder.
4.2 The Corporation reserves the right at its sole discretion to remove any Memorial which is not within these Regulations including those pertaining to the maintenance and the dignity of the decorum of the Cemetery.
4.3 The Corporation shall do whatever it deems necessary in order to repair or reset those Memorials which the Corporation deems, in its absolute discretion, to be unstable.
4.4 Any substantial or unusual costs will be billed to the Interment Rights Holder or next of kin.
4.5 The Corporation reserves the right to regulate articles placed on Lots other than approved Memorials and the Corporation reserves the right to remove unapproved articles and dispose of same without notification by the Corporation to the Interment Rights Holder. The Corporation reserves the right to bill Interment Rights Holders or next of kin for such costs.
4.6 Temporary wooden crosses are permitted on Lots for a maximum period of two months following Burial on said Lot and must be located within the Monument Space. Such temporary wooden crosses must be constructed of solid wood and shall not exceed 18 inches in height and 12 inches in width.
Monument Specifications
4.7 The following specifications and conditions shall apply to the placement of Memorials in the Cemetery:
(a) Suitable foundations are required to maintain the stability of Monuments and shall be installed at the expense of the Interment Rights Holder;
(b) Monument foundations shall be set on a minimum of 12 " of tamped 3/4 " crushed rock that extends 12'' from each edge of the foundation;
(c) The Monument shall be centred at the head of the Lot in the designated Monument space;
(d) Only one Monument and two foot stones shall be erected within the Monument Space on any Lot;
(e) A Monument shall be placed only after its design, dimensions, plans and specifications are submitted to and approved by the Corporation;
(f) All Monuments shall be constructed of granite, marble or bronze material;
(g) The maximum width of the Monument Base shall not exceed the width of the Lot on which it is installed;
(h) Only the surname and a monument design are permitted on the back of the Monument Diestone facing an adjacent Lot;
(i) The Corporation is not responsible for damage to Monuments resulting from normal maintenance activities on the Cemetery grounds. The Corporation shall take all reasonable steps to ensure that its normal maintenance activities are carried out in a responsible manner.
Marker Placement
4.8 The following specifications and conditions shall apply to the Marker Placement in the Cemetery:
(a) All Markers must be made of marble or granite material.
(b) All Markers shall be set flush with the ground unless otherwise specified on the Interment Rights Certificate. Markers shall be delivered to the Corporation as directed by it. Markers shall not be delivered from the period December 15 through April 14 in any year.
(c) Markers shall be set on a minimum of 8 " of tamped 3/4 " crushed rock that extends 8" beyond the edges of the marker.
(d) Monument companies shall be responsible for maintenance for a period of 12 months after installation.
(e) Unless otherwise specified in the Interment Rights Certificate, the following maximum size of Markers shall apply:
- Double Lot shall not exceed 20 inches x 48 inches
- Single Lot shall not exceed 20 inches x 36 inches
- Cremation Lot shall not exceed 18 inches x 30 inches
- Markers used as foot stones shall not exceed 24 inches x 11 inches
(f) Bronze Markers may be attached to a marble or granite base and must be no less than four inches nor greater than six inches in thickness. Granite or marble bases cannot exceed the size of the bronze Marker by more than two inches on all sides.
5.0 Columbarium Niches
5.1 Only the Cemetery may open and close Niches for Entombment. This applies to the inside sealer and the Niche front. The following rules shall apply to the use of a Niche:
(a) A maximum of two interments per Niche;
(b) Only non-biodegradable urns/containers shall be permitted.
5.2 The following rules shall apply to Niche inscriptions and adornments:
(a) Families to deal directly with the memorial provider;
(b) Text maximum 1 inch;
(c) Total space used for inscriptions and adornments shall be a maximum of 10 inches by 10 inches;
(d) No designs, emblems or symbols permitted;
(e) No floral tokens or other objects shall be fastened to the Columbarium. Floral tributes can be placed on the base of the Columbarium unit.
6.0 Contractors
6.1 Contractor Pre-approval Required Before Working: Any contract work to be performed within the Cemetery grounds requires the approval of the Corporation. Contract work includes, but shall not be limited to landscaping, delivery of Monuments and Markers, inscription, designs, plans and detailed specifications relating to the work, proof of all applicable government approvals and permits and location of the work to be performed.
6.2 Compliance with Legislation: Contractors performing any work in the Cemetery grounds must comply with all applicable federal, provincial and municipal legislation and shall maintain general liability insurance.
6.3 Contractor Hours of Work: Unless specific arrangements have been made between the Contractor and the Corporation, Contractors must complete their work during the following hours: 8:00 a.m. to 5:00 p.m. Monday through Friday; and 8:00 a.m. to 4:00 p.m. on Saturdays. Contractors are not permitted to work within the Cemetery during evenings, Sundays or statutory holidays.
Contractors shall temporarily cease all operations during a funeral service until conclusion of the service. The Cemetery reserves the right to temporarily cease Contractor operations at the Cemetery’s sole discretion if the noise of the work being performed by the Contractor is deemed to be a disturbance to any funeral or public gathering within the Cemetery.
6.4 Removal of Implements and Rubbish: Contractors working within the Cemetery must remove all implements, equipment and rubbish from the Cemetery at the conclusion of the work or at the end of each work day. All work sites must be secured when left unattended.
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7.0 Revisions To By-Laws
7.1 All revisions to these By-Laws shall be effective only after the approval of the majority of the Trustees of the Corporation is first obtained.