KNOX PRESBYTERIAN CHURCH CEMETERY ORO BYLAWS
These by-laws are the rules and regulations that govern Knox Cemetery (Licence #330187, Site
#03850), which is situated at 1604 Line 9 North in the Township of Oro-Medonte. These bylaws
have been approved by the Trustees of the Knox Cemetery Board and the Registrar of
Cemeteries, Funeral, Burial and Cremation Services Act, 2002 (FBCSA), Bereavement Authority
of Ontario (BAO)
DEFINITIONS
Authorized Official
This refers to any mature individual appointed by the Trustees to conduct the ongoing business
of the Knox Presbyterian Church Cemetery Board. This includes the current secretary-treasurer,
chairperson and co-chairperson. It may also include any or all of the remaining trustees as the
situation warrants. It may extend outside the Board to include those who have written
permission to act on the Board’s behalf.
At-Need: In an At-Need situation an interment in the plot is imminent and the 30 day cooling-
off period does not apply.
Burial: The opening and closing of an in-ground lot or plot for the disposition of human remains
or cremated human remains.
By-laws: The rules and regulations under which Knox Cemetery operates.
Care and Maintenance Fund: It is a requirement under the FBCSA and Ontario Regulation
30/11 and 184/12 (O. Reg. 30/11 and 184/12) that a prescribed amount or a percentage of the
purchase price (excluding tax) of all interment and scattering rights sold, transferred, assigned
or permitted; and prescribed amounts for monuments and markers, is contributed into the care
and maintenance fund. If no scattering rights are sold but scattering is permitted a prescribed
amount must be contributed to the fund when the scattering is conducted. Interest earned
from this fund is used to provide care and maintenance of lots, plots, markers and monuments
at the cemetery.
Cemetery Board: The group of six Trustees that have been chosen to govern Knox Presbyterian
Church Cemetery.
Certificate Number: The ‘Section’ part of the number is determined as indicated under ‘Section’
above. In ‘Section ‘C’’ every four-grave plot is numbered on a blueprint of the section. On each
plot, facing the head, each grave is lettered from left to right (ie. A, B, C and D).
For example: C – 346 – A, B, C & D
Columbarium: An above-ground stone structure, made up of niches, designed to receive
cremated remains.
Contract: For purposes of these by-laws, all purchasers of interment or scattering rights, or
other cemetery supplies and services must receive a copy of the contract they and the
cemetery operator have signed detailing the obligations of both parties, and acknowledging
receipt and acceptance of the cemetery by-laws, a copy of the Consumer Information Guide
and the Price List.
Corner Posts: Shall mean any stone or other land markers set flush with the surface of the
ground and used to indicate the four corners of a lot or plot.
Cost-Recovery: All expenses are submitted at actual cost. No recovery of personal labour
expense for the trustees. This puts the trustees and Board in the position that cemetery
labour done by the trustees is in the ”not-for-profit space”.
Grave: (Also known as Lot) means any in-ground burial space intended for the interment of a
child, adult or cremated human remains.
Inurnment Right: These are, de facto, the same as Interment Right and may be used
interchangeably throughout the Bylaws. Inurnment refers to the physical placing of an urn into
a niche.
Interment Right: The right to require or direct the interment of human remains or cremated
human remains in a grave, lot, niche or crypt and direct the associated memorialization.
Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the
interment rights have been paid in full, identifying ownership of the interment rights.
Interment Rights Holder: Any person designated to hold the right to inter human remains in a
specified lot. It may include the purchaser of the rights, the persons named in the certificate of
interment or such other person to whom the interment rights have been assigned.
Lot: For the purposes of these By-Laws a lot is a single grave space.
Marker: Shall mean any permanent memorial structure that is set flush and level with the
ground, and used to mark the location of a burial lot.
Monument: Any permanent memorial projecting above the ground installed within the
designated space to mark the location of a burial or lot.
Foundation: Poured concrete portion, at least five feet in the ground, that supports the
monument.
Base: A slab of granite that sits on the foundation and on which the Tablet and/or plinth sit.
Plinth: A block of granite, usually for inscriptions, that is inserted in between the tablet and
base.
Tablet: Is the uppermost section of the monument.
Niche: A recessed space in a wall or in a columbarium used to place urns containing cremated
remains.
Plaque: The bronze marker that is affixed to the door of the niche, which indicates the
inurnments [current or future] of the niche. Plaques are only supplied by Knox Cemetery.
Plot: For the purposes of these by-laws, a plot is a parcel of land, sold as a single unit,
containing multiple lots.
Range: A range refers to a row of graves that are aligned side-by-side in a north-south line.
Section: Section “A” refers to the block of graves north of the church and east of the middle
laneway. Section “B” refers to the block of graves immediately west and south of the church
and east of the middle laneway. Section “C” refers to the block of graves west of the middle
laneway.
Urn: A container in which cremated human remains are placed.
GENERAL INFORMATION BYLAWS
The Trustees of Knox Presbyterian Church Cemetery Board reserve the right to confine the sale
of lots to members and adherents of Willis, Esson and the former Central-Oro Presbyterian
Churches, or relatives of the families interred in Knox Presbyterian Church Cemetery.
Members of other Christian-based faiths may be considered.
Hours of Operation:
Visitation Hours: The cemetery is open from dawn to dusk
Office Hours: As agreed upon
Burial Hours: As agreed upon
General Conduct:
The Cemetery Board reserves full control over the cemetery operations and management of
land within the cemetery grounds.
No person may damage, destroy, remove or deface any property within Knox Cemetery.
All visitors should conduct themselves in a quiet manner that shall not disturb any service being
held or the sanctity of the cemetery.
Dogs, cats and pets are not permitted on cemetery property. Working pets are allowed.
By Law Amendments:
The cemetery shall be governed by these bylaws, and all procedures will comply with the
Funeral Burial & Cremation Services Act (FBCSA), 2002 and O. Reg. 30/11, which may be
amended periodically.
Notice of filing by-law amendments must be:
a) published once in a newspaper with general circulation in the locality in which the cemetery
is located;
b) conspicuously posted on a sign at the entrance of the cemetery; and
c) delivered to each supplier of markers who has delivered a marker to the cemetery during the
previous year, if the by-law or by-law amendment pertains to markers or their installation. All
by-laws and by-law amendments are subject to the approval of the Registrar, FBCSA, BAO
Liability:
The Cemetery Board will not be held liable for any loss or damage, without limitation (including
damage by the elements, Acts of God, or vandals) to, any lot, plot, monument, marker, or other
article that has been placed in relation to an interment or scattering right save and except for
direct loss or damage caused by gross negligence of the cemetery.
Public Register:
Provincial legislation – Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums
to maintain a public register that is available to the public during office hours.
Pets or Other Animals: Pets or other lower animals, including cremated animal remains, are not
allowed to be buried on cemetery grounds.Right to Re-Survey:
The Cemetery Board has the right at any time to re-survey, enlarge, diminish, re-plot, change or
remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all
or any part of the cemetery, subject to approval of the appropriate authorities.
BYLAWS CONCERNING TRUSTEES
Two Trustees for the Knox Presbyterian Church Cemetery Board are to be chosen from each of
the congregations of Willis Presbyterian Church in Jarratt, Esson Presbyterian Church in Rugby
and the families of the former congregation of Central-Oro Presbyterian Church, as it existed at
dissolution.
Trustees need to have ancestors interred at Knox Cemetery.
Trustees need to be cognizant of the 'Funeral, Burial and Cremation Services Act' of Ontario.
Trustees need to be aware of the role played by the Bereavement Authority of Ontario (B.A.O.)
Trustees are expected to provide sound guidance and stewardship for Knox Cemetery.
Trustees should be familiar enough with the Bylaws to answer questions from the public.
Trustees should be able to provide copies of the current Price List and the Bylaws.
The Cemetery Board is expected to obtain two or more quotes when a job at the cemetery is
anticipated to be in excess of $2,000.00 or more.
Trustees may bid and do work on projects, in the cemetery, on a cost-recovery basis.
BY-LAWS FOR THE CANCELLATION, TRANSFER OR RESALE OF INTERMENT RIGHTS
Notice of Resale and Transfer of Interment/Inurnment or Scattering Rights:
After the 30 day cooling-off period the Cemetery Board prohibits the resale of interment or
scattering rights to a third party and will repurchase these rights at the price listed on the
current price list. Transfers of interment rights cannot be prohibited as long as the purchaser
meets the qualifications and requirements as outlined in the cemetery’s by-laws.
The Cemetery Board prohibits the resale of interment rights to a third party and is not required
to repurchase unused interment rights in a plot (more than one lot) if one of the interment
rights in the plot has been exercised.
If the Interment Rights are gifted, as an outright gift or as a bequest and as per preceding
Bylaws, the Cemetery Board needs to be informed in writing either by the donor or the donor’s
estate. A familial relationship must be shown to exist between the donor and the recipient.
Only after notification and payment of the necessary fees, will the replacement documents be
issued to the new owner.
Requirements if resale is prohibited within cemetery by-laws:
If a rights holder(s) wishes to re-sell the interment rights, the rights holder(s) must make the
request to the Cemetery Board in writing. The Cemetery Board will repurchase the interment
Right at the price listed on the cemetery operator’s current price list less the Care &
Maintenance Fund contribution made at the time of purchase. The re-purchase and payment
to the rights holder requesting the sale must be completed within 30 days of the receipt of the
written request.The interment rights holder requesting the resale of the rights must return the interment rights
certificate to the Cemetery Board and the rights holder(s) must endorse the interment rights
certificate, transferring all rights, title and interest back to the Cemetery Board. The appropriate
paperwork must be completed before the Cemetery Board reimburses the rights holder(s).
Purchasers of interment rights acquire only the right to direct the burial of human remains, and
the installation of monuments, markers and inscriptions, subject to the conditions set out in the
cemetery by-laws. In accordance with cemetery by-laws, no burial, or installation of any
monument, marker, inscription, or memorialization is permitted until the interment rights have
been paid in full. An interment rights certificate will be issued to the interment rights holder(s)
when payment has been made in full. The purchase of interment rights is not a purchase of
Real Estate or real property
Cancellation of Interment/Inurnment Rights within 30 Day Cooling-Off Period:
A purchaser has the right to cancel an interment rights contract within thirty (30) days of
signing the interment rights contract, by providing written notice of the cancellation to the
Cemetery Board. The Cemetery Board will refund all monies paid by the purchaser within thirty
(30) days from the date of the request for cancellation.
Care and Maintenance Fund Contributions:
It is a requirement under the FBCSA and O. Reg. 30/11 and 184/12 that a prescribed amount or
a percentage of the purchase price (excluding tax) of all interment and scattering rights sold;
and prescribed amounts for monuments and markers is contributed into the care and
maintenance fund. If no scattering rights are sold but scattering is permitted a prescribed
amount must be contributed to the fund when the scattering is conducted. Interest earned
from this fund is used to provide care and maintenance of lots, plots, markers and monuments
at the cemetery. Contributions to the care and maintenance fund are not refundable except
when interment or scattering rights are cancelled within the 30-day cooling off period.
COLUMBARIUM BYLAWS
The cremated remains of up to two (2) persons may be inurned in a niche.
Urns must be sized appropriately to be able to fit the remains of up to 2 people in a niche
except when only 1 person is to be inurned.
The niche plaques must be supplied and installed by the cemetery.
Interment Rights to niches may be purchased from the Board at the tariff of rates in effect at
the time of purchase.
Fifteen percent (15%) of the selling price of the niche shall be placed in the Care and
Maintenance Fund of the cemetery.
Each reopening of the niche will be subject to additional charges.
No inurnments shall be made during the winter months (December to April inclusive) unless,
due to special conditions, permission has been granted by the Trustees of Knox Presbyterian
Church Cemetery Board.
Up to 2 porcelain portrait markers are allowed on a niche door. They are to be placed in the
upper left or right portions on the niche door. Maximum size is to be no more than 8cm by
8cm. They must be provided and installed by a licensed monument installer.The monument installer must consult with Knox Cemetery before any portrait marker is
installed.
One QR code marker may be used in place of the portrait markers. It must be placed by an
authorized person.
Cremation interments into a monument, other than a columbarium, must be authorized, in
advance, by the Board.
BYLAWS PERTAINING TO THE BURIAL OF HUMAN REMAINS
Interment rights holder(s) must provide written authorization prior to a burial taking place.
Should the interment rights holder be deceased, authorization must be provided in writing by
the person authorized to act on behalf of the interment rights holder, in keeping with the
Succession Law Reform Act [i.e. Personal Representative, Estate Trustee, Executor or next of
kin]. This is generally done at the time of death through a funeral home.
A burial permit issued by the Registrar General or equivalent document showing that the death
has been registered with the province must be provided to the cemetery (or authorized person)
prior to a burial, taking place. A Certificate of Cremation must be submitted to the cemetery
office (or authorized person) prior to the burial of cremated remains taking place.
In accordance with the FBCSA the purchaser of interment rights must enter into a cemetery
contract, providing such information as may be required by the cemetery operator for the
completion of the contract and the public register prior to each burial of cremated human
remains. Payment must be made to the cemetery before a burial can place.
Notice of interment to be made shall be given to the secretary treasurer (or another authorized
official) for Knox Cemetery, at least 48 hours prior to the interment.
The scattering of cremated remains at Knox Cemetery is prohibited.
The marking and opening/closing of graves must be conducted by cemetery staff or those
designated (authorized) to do work on behalf of the cemetery. The Cemetery reserves the right
to determine the positions for interments.
At Knox a lot may contain one casket interment. One cremation interment, as determined by
the purchaser(s) or principal rights holder(s), is allowed on top of, or in,a casket interment.
Interment of cremated remains on top of a casket interment is limited to immediate family
members.
In a cremation lot up to four cremated remains per lot is allowed. Cremated remains are not
permitted to be scattered on a grave.
Except in case of special circumstances and emergencies or in case of contagion, infection or
epidemic, interments shall not be made on Sunday.
Due to soil conditions in the Cemetery it is recommended that concrete or other non-
collapsible vaults be considered.No interments shall be made during the winter months (December to April inclusive) unless,
due to special conditions, permission has been granted by the Trustees of Knox Presbyterian
Church Cemetery Board. Burials in November are dependent on soil and weather conditions.
Ownership of any plot in Sections 'A' and 'B', that is determined by a sworn affidavit, and
where interments are uncertain, will be limited to ownership only. Interments will not be
allowed.
Declarations and/or transfers of the interment rights to the descendants, of the original
owners, in sections ‘A’ and ‘B’, where the interments are recorded, are allowed. It is highly
recommended that these interments be for cremation only.
Human remains may be disinterred from a lot provided that the written consent
(authorization) of the interment rights holder has been received by the cemetery operator and
the prior notification of the medical officer of health. A certificate from the local medical
officer of health must be received at the cemetery office before the removal of casketed
human remains may take place. A certificate from the local medical officer of health is not
required for the removal of cremated remains. In special circumstances the removal of human
remains may also be ordered by certain public officials without the consent of the interment
rights holder and/or next of kin(s).
BYLAWS PERTAINING TO MEMORIALIZATION
No memorial or other structure shall be erected or permitted on a lot until all charges have
been paid in full.
No monument, footstone, marker or memorial of any description shall be placed, moved,
altered, or removed without permission from the Cemetery Board, or authorized person.
Minor scraping of the monument base of an upright monument due to grass/lawn maintenance
is considered to be normal wear.
The Cemetery Board 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, marker,
or other structure, or part thereof.
The Cemetery Board reserves the right to determine the maximum size of monuments, their
number and their location on each lot or plot. They must not be of a size that would interfere
with any future interments.
Monuments must be installed with the front facing in the same direction as the other
monuments in the cemetery.
All foundations for monuments and markers shall be built by, or contracted to be built for by an
authorized contractor at the expense of the interment rights holder.
Should any monument or marker present a risk to public safety because it has become
unstable, the Cemetery Board shall do whatever it deems necessary by way of repairing,
resetting, or laying down the monument or marker or any other remedy so as to remove the
risk.If an Owner wishes to replace or alter an existing monument, plans must be submitted to the
Cemetery Board for approval three months prior to the commencement of the work.
Inscriptions on a marker must be in keeping with the dignity and reverence of a faith-based
cemetery.
Memorial pictures need to be added through a licensed monument installer.
Alterations to monuments may only be made by the original owners or by the executor(s) of
the estate of the owners. The changes must reflect the wishes of the owners as if they were
alive.
Owners and their families are encouraged to keep their monuments clean and in good repair.
When and if monuments need to be removed to be cleaned and/or refurbished, notification to
the Cemetery Board is required. Notification to the Trustees needs to be done in advance.
The Cemetery Board reserves the right to remove at its sole discretion any marker, monument,
or inscription which is not in keeping with the dignity and decorum of the cemetery as
determined by the trustees.
A monument or other structure shall be erected only after the specific design plans have been
approved by the Cemetery Board, or authorized person, including: dimensions, material of
structure, construction details, and proposed location.
In keeping with the cemetery by-laws only one monument shall be erected within the
designated space on any lot.
The minimum thickness for flat markers including footstones is 4 inches or 10 cm.
All monuments and markers shall be constructed of bronze or natural stone (i.e. granite).
No monument shall be delivered to the cemetery for installation until the monument
foundation has been completed, and the interment rights holder(s) and/or marker retailer have
been notified.
Markers and footstones of bronze or granite are permitted with size and quantity restrictions
according to cemetery by-laws and the placement of such memorials shall not interfere with
future interments.
Monuments/markers to be erected for the Interment Rights Holder shall be set upon adequate
stone/concrete bases. Concrete foundations shall be no less than five feet in the ground or the
full depth of the grave.
Monuments made from fieldstone are prohibited.
The corner stones are to be installed by an authorized installer.
Military monuments are excluded from the size requirements in these by-laws.
Pillow and upright monuments are to be located at the head of the plot.
Flat markers are to be located at the head of the plot or the foot of the grave.
Flat markers at the head of the plot can have a maximum size of 30 inches by 24 inches.
Flat markers at the foot of the grave can have a maximum size of 24 inches by 18 inches.
If a plot already has an upright monument, that is centered on the plot, then one flat marker
may be allowed at the foot of each of the graves.No marker is allowed between the head and foot of the grave except in the case of cremated
remains. Then a single-word flat marker is allowed directly above the interred remains
(maximum size 12 X 6 inches).
The Cemetery Board reserves the right to determine the maximum size of the monument or
marker and their number and location on each plot or lot.
Maximum sizes of Upright Monuments/Markers:
Maximum sizes: Single grave – Tablet and Base – 30 inches (foundation 28 inches)
Two grave plot – Tablet and Base – 48 inches, height 44 inches
Three grave plot - Tablet and Base – 72 inches, height 44 inches
Four grave plot – Tablet and Base – 72 inches, height 44 inches
The maximum height of a single grave monument is not to exceed 40 inches.
If 2 monuments are to be placed on a 2-grave plot then each monument must conform to the
requirements for a single grave. The same shall apply to a 3 and 4-grave plot
The thickness of the tablet is not to exceed 10 inches or be less than 6 inches.
The wash of the base around the tablet must be from 3 inches to 4 inches.
The vertical height of the base (ground level to tablet) is to be no less than 4 inches and no
more than 8 inches.
If a plinth is used the normal wash between tablet and base must be proportioned, between
tablet and plinth, and plinth and base.
A 6 inch thick tablet must be pinned to its plinth and/or base. Any monument that is taller than
it is wide must be pinned between its parts.
The maximum size of a pillow marker is 32 inches wide by 24 inches in length by 10 inches in
height (base included).
BYLAWS PERTAINING TO PLOT CARE AND PLANTING
The cemetery reserves the right to regulate the articles placed on lots or plots that pose a
threat to the safety of all interment rights holders, visitors to the cemetery and cemetery
employees, prevents the cemetery from performing general cemetery operations, or are not in
keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and
disposed of without notification.
Artificial turf is not allowed as a part of a plot.
The erection of fences, railings, walls and the planting of shrubs, trees and roses on a plot is
prohibited.
The Cemetery Board reserves the right to remove existing untrimmed and unkempt trees
and shrubs. Flowers, natural or artificial, may be planted or placed next to the headstone. The
Board reserves the right to remove any unsightly plants or decorations. Flowers placed on a
grave for a funeral shall be removed by the cemetery staff after a reasonable time to protect
the sod and maintain the tidy appearance of the cemetery.CONTRACTOR/MONUMENT DEALER BYLAWS
Any contract work to be performed within the cemetery requires the pre-approval of the
interment rights holder and the cemetery operator before the work may begin. Pre-approval
includes but is not limited to: inscriptions, designs, drawings, plans and detailed
specifications relating to the work, as well as, the landscaping, delivery and erection of
monuments and markers, proof of all applicable government approvals and permits and the
location of the work to be performed is included in the approval.
Monuments/markers are to be guaranteed and installed by a certified monument installer.
Prior to the start of any said work, contractors must provide proof of Workplace Safety and
Insurance Board (WSIB) coverage and evidence of liability insurance of not less than $ 2 million.
All cemetery by-laws apply to all contractors and all work carried out by contractors within the
cemetery grounds.
Contractors shall temporarily cease all operations if they are working within 100 meters of a
funeral until the conclusion of the service.
July 4, 2023
These by-laws are the rules and regulations that govern Knox Cemetery (Licence #330187, Site
#03850), which is situated at 1604 Line 9 North in the Township of Oro-Medonte. These bylaws
have been approved by the Trustees of the Knox Cemetery Board and the Registrar of
Cemeteries, Funeral, Burial and Cremation Services Act, 2002 (FBCSA), Bereavement Authority
of Ontario (BAO)
DEFINITIONS
Authorized Official
This refers to any mature individual appointed by the Trustees to conduct the ongoing business
of the Knox Presbyterian Church Cemetery Board. This includes the current secretary-treasurer,
chairperson and co-chairperson. It may also include any or all of the remaining trustees as the
situation warrants. It may extend outside the Board to include those who have written
permission to act on the Board’s behalf.
At-Need: In an At-Need situation an interment in the plot is imminent and the 30 day cooling-
off period does not apply.
Burial: The opening and closing of an in-ground lot or plot for the disposition of human remains
or cremated human remains.
By-laws: The rules and regulations under which Knox Cemetery operates.
Care and Maintenance Fund: It is a requirement under the FBCSA and Ontario Regulation
30/11 and 184/12 (O. Reg. 30/11 and 184/12) that a prescribed amount or a percentage of the
purchase price (excluding tax) of all interment and scattering rights sold, transferred, assigned
or permitted; and prescribed amounts for monuments and markers, is contributed into the care
and maintenance fund. If no scattering rights are sold but scattering is permitted a prescribed
amount must be contributed to the fund when the scattering is conducted. Interest earned
from this fund is used to provide care and maintenance of lots, plots, markers and monuments
at the cemetery.
Cemetery Board: The group of six Trustees that have been chosen to govern Knox Presbyterian
Church Cemetery.
Certificate Number: The ‘Section’ part of the number is determined as indicated under ‘Section’
above. In ‘Section ‘C’’ every four-grave plot is numbered on a blueprint of the section. On each
plot, facing the head, each grave is lettered from left to right (ie. A, B, C and D).
For example: C – 346 – A, B, C & D
Columbarium: An above-ground stone structure, made up of niches, designed to receive
cremated remains.
Contract: For purposes of these by-laws, all purchasers of interment or scattering rights, or
other cemetery supplies and services must receive a copy of the contract they and the
cemetery operator have signed detailing the obligations of both parties, and acknowledging
receipt and acceptance of the cemetery by-laws, a copy of the Consumer Information Guide
and the Price List.
Corner Posts: Shall mean any stone or other land markers set flush with the surface of the
ground and used to indicate the four corners of a lot or plot.
Cost-Recovery: All expenses are submitted at actual cost. No recovery of personal labour
expense for the trustees. This puts the trustees and Board in the position that cemetery
labour done by the trustees is in the ”not-for-profit space”.
Grave: (Also known as Lot) means any in-ground burial space intended for the interment of a
child, adult or cremated human remains.
Inurnment Right: These are, de facto, the same as Interment Right and may be used
interchangeably throughout the Bylaws. Inurnment refers to the physical placing of an urn into
a niche.
Interment Right: The right to require or direct the interment of human remains or cremated
human remains in a grave, lot, niche or crypt and direct the associated memorialization.
Interment Rights Certificate: The document issued by the Cemetery to the purchaser once the
interment rights have been paid in full, identifying ownership of the interment rights.
Interment Rights Holder: Any person designated to hold the right to inter human remains in a
specified lot. It may include the purchaser of the rights, the persons named in the certificate of
interment or such other person to whom the interment rights have been assigned.
Lot: For the purposes of these By-Laws a lot is a single grave space.
Marker: Shall mean any permanent memorial structure that is set flush and level with the
ground, and used to mark the location of a burial lot.
Monument: Any permanent memorial projecting above the ground installed within the
designated space to mark the location of a burial or lot.
Foundation: Poured concrete portion, at least five feet in the ground, that supports the
monument.
Base: A slab of granite that sits on the foundation and on which the Tablet and/or plinth sit.
Plinth: A block of granite, usually for inscriptions, that is inserted in between the tablet and
base.
Tablet: Is the uppermost section of the monument.
Niche: A recessed space in a wall or in a columbarium used to place urns containing cremated
remains.
Plaque: The bronze marker that is affixed to the door of the niche, which indicates the
inurnments [current or future] of the niche. Plaques are only supplied by Knox Cemetery.
Plot: For the purposes of these by-laws, a plot is a parcel of land, sold as a single unit,
containing multiple lots.
Range: A range refers to a row of graves that are aligned side-by-side in a north-south line.
Section: Section “A” refers to the block of graves north of the church and east of the middle
laneway. Section “B” refers to the block of graves immediately west and south of the church
and east of the middle laneway. Section “C” refers to the block of graves west of the middle
laneway.
Urn: A container in which cremated human remains are placed.
GENERAL INFORMATION BYLAWS
The Trustees of Knox Presbyterian Church Cemetery Board reserve the right to confine the sale
of lots to members and adherents of Willis, Esson and the former Central-Oro Presbyterian
Churches, or relatives of the families interred in Knox Presbyterian Church Cemetery.
Members of other Christian-based faiths may be considered.
Hours of Operation:
Visitation Hours: The cemetery is open from dawn to dusk
Office Hours: As agreed upon
Burial Hours: As agreed upon
General Conduct:
The Cemetery Board reserves full control over the cemetery operations and management of
land within the cemetery grounds.
No person may damage, destroy, remove or deface any property within Knox Cemetery.
All visitors should conduct themselves in a quiet manner that shall not disturb any service being
held or the sanctity of the cemetery.
Dogs, cats and pets are not permitted on cemetery property. Working pets are allowed.
By Law Amendments:
The cemetery shall be governed by these bylaws, and all procedures will comply with the
Funeral Burial & Cremation Services Act (FBCSA), 2002 and O. Reg. 30/11, which may be
amended periodically.
Notice of filing by-law amendments must be:
a) published once in a newspaper with general circulation in the locality in which the cemetery
is located;
b) conspicuously posted on a sign at the entrance of the cemetery; and
c) delivered to each supplier of markers who has delivered a marker to the cemetery during the
previous year, if the by-law or by-law amendment pertains to markers or their installation. All
by-laws and by-law amendments are subject to the approval of the Registrar, FBCSA, BAO
Liability:
The Cemetery Board will not be held liable for any loss or damage, without limitation (including
damage by the elements, Acts of God, or vandals) to, any lot, plot, monument, marker, or other
article that has been placed in relation to an interment or scattering right save and except for
direct loss or damage caused by gross negligence of the cemetery.
Public Register:
Provincial legislation – Section 110 of O. Reg. 30/11 requires all cemeteries and crematoriums
to maintain a public register that is available to the public during office hours.
Pets or Other Animals: Pets or other lower animals, including cremated animal remains, are not
allowed to be buried on cemetery grounds.Right to Re-Survey:
The Cemetery Board has the right at any time to re-survey, enlarge, diminish, re-plot, change or
remove plantings, grade, close pathways or roads, alter in shape or size, or otherwise change all
or any part of the cemetery, subject to approval of the appropriate authorities.
BYLAWS CONCERNING TRUSTEES
Two Trustees for the Knox Presbyterian Church Cemetery Board are to be chosen from each of
the congregations of Willis Presbyterian Church in Jarratt, Esson Presbyterian Church in Rugby
and the families of the former congregation of Central-Oro Presbyterian Church, as it existed at
dissolution.
Trustees need to have ancestors interred at Knox Cemetery.
Trustees need to be cognizant of the 'Funeral, Burial and Cremation Services Act' of Ontario.
Trustees need to be aware of the role played by the Bereavement Authority of Ontario (B.A.O.)
Trustees are expected to provide sound guidance and stewardship for Knox Cemetery.
Trustees should be familiar enough with the Bylaws to answer questions from the public.
Trustees should be able to provide copies of the current Price List and the Bylaws.
The Cemetery Board is expected to obtain two or more quotes when a job at the cemetery is
anticipated to be in excess of $2,000.00 or more.
Trustees may bid and do work on projects, in the cemetery, on a cost-recovery basis.
BY-LAWS FOR THE CANCELLATION, TRANSFER OR RESALE OF INTERMENT RIGHTS
Notice of Resale and Transfer of Interment/Inurnment or Scattering Rights:
After the 30 day cooling-off period the Cemetery Board prohibits the resale of interment or
scattering rights to a third party and will repurchase these rights at the price listed on the
current price list. Transfers of interment rights cannot be prohibited as long as the purchaser
meets the qualifications and requirements as outlined in the cemetery’s by-laws.
The Cemetery Board prohibits the resale of interment rights to a third party and is not required
to repurchase unused interment rights in a plot (more than one lot) if one of the interment
rights in the plot has been exercised.
If the Interment Rights are gifted, as an outright gift or as a bequest and as per preceding
Bylaws, the Cemetery Board needs to be informed in writing either by the donor or the donor’s
estate. A familial relationship must be shown to exist between the donor and the recipient.
Only after notification and payment of the necessary fees, will the replacement documents be
issued to the new owner.
Requirements if resale is prohibited within cemetery by-laws:
If a rights holder(s) wishes to re-sell the interment rights, the rights holder(s) must make the
request to the Cemetery Board in writing. The Cemetery Board will repurchase the interment
Right at the price listed on the cemetery operator’s current price list less the Care &
Maintenance Fund contribution made at the time of purchase. The re-purchase and payment
to the rights holder requesting the sale must be completed within 30 days of the receipt of the
written request.The interment rights holder requesting the resale of the rights must return the interment rights
certificate to the Cemetery Board and the rights holder(s) must endorse the interment rights
certificate, transferring all rights, title and interest back to the Cemetery Board. The appropriate
paperwork must be completed before the Cemetery Board reimburses the rights holder(s).
Purchasers of interment rights acquire only the right to direct the burial of human remains, and
the installation of monuments, markers and inscriptions, subject to the conditions set out in the
cemetery by-laws. In accordance with cemetery by-laws, no burial, or installation of any
monument, marker, inscription, or memorialization is permitted until the interment rights have
been paid in full. An interment rights certificate will be issued to the interment rights holder(s)
when payment has been made in full. The purchase of interment rights is not a purchase of
Real Estate or real property
Cancellation of Interment/Inurnment Rights within 30 Day Cooling-Off Period:
A purchaser has the right to cancel an interment rights contract within thirty (30) days of
signing the interment rights contract, by providing written notice of the cancellation to the
Cemetery Board. The Cemetery Board will refund all monies paid by the purchaser within thirty
(30) days from the date of the request for cancellation.
Care and Maintenance Fund Contributions:
It is a requirement under the FBCSA and O. Reg. 30/11 and 184/12 that a prescribed amount or
a percentage of the purchase price (excluding tax) of all interment and scattering rights sold;
and prescribed amounts for monuments and markers is contributed into the care and
maintenance fund. If no scattering rights are sold but scattering is permitted a prescribed
amount must be contributed to the fund when the scattering is conducted. Interest earned
from this fund is used to provide care and maintenance of lots, plots, markers and monuments
at the cemetery. Contributions to the care and maintenance fund are not refundable except
when interment or scattering rights are cancelled within the 30-day cooling off period.
COLUMBARIUM BYLAWS
The cremated remains of up to two (2) persons may be inurned in a niche.
Urns must be sized appropriately to be able to fit the remains of up to 2 people in a niche
except when only 1 person is to be inurned.
The niche plaques must be supplied and installed by the cemetery.
Interment Rights to niches may be purchased from the Board at the tariff of rates in effect at
the time of purchase.
Fifteen percent (15%) of the selling price of the niche shall be placed in the Care and
Maintenance Fund of the cemetery.
Each reopening of the niche will be subject to additional charges.
No inurnments shall be made during the winter months (December to April inclusive) unless,
due to special conditions, permission has been granted by the Trustees of Knox Presbyterian
Church Cemetery Board.
Up to 2 porcelain portrait markers are allowed on a niche door. They are to be placed in the
upper left or right portions on the niche door. Maximum size is to be no more than 8cm by
8cm. They must be provided and installed by a licensed monument installer.The monument installer must consult with Knox Cemetery before any portrait marker is
installed.
One QR code marker may be used in place of the portrait markers. It must be placed by an
authorized person.
Cremation interments into a monument, other than a columbarium, must be authorized, in
advance, by the Board.
BYLAWS PERTAINING TO THE BURIAL OF HUMAN REMAINS
Interment rights holder(s) must provide written authorization prior to a burial taking place.
Should the interment rights holder be deceased, authorization must be provided in writing by
the person authorized to act on behalf of the interment rights holder, in keeping with the
Succession Law Reform Act [i.e. Personal Representative, Estate Trustee, Executor or next of
kin]. This is generally done at the time of death through a funeral home.
A burial permit issued by the Registrar General or equivalent document showing that the death
has been registered with the province must be provided to the cemetery (or authorized person)
prior to a burial, taking place. A Certificate of Cremation must be submitted to the cemetery
office (or authorized person) prior to the burial of cremated remains taking place.
In accordance with the FBCSA the purchaser of interment rights must enter into a cemetery
contract, providing such information as may be required by the cemetery operator for the
completion of the contract and the public register prior to each burial of cremated human
remains. Payment must be made to the cemetery before a burial can place.
Notice of interment to be made shall be given to the secretary treasurer (or another authorized
official) for Knox Cemetery, at least 48 hours prior to the interment.
The scattering of cremated remains at Knox Cemetery is prohibited.
The marking and opening/closing of graves must be conducted by cemetery staff or those
designated (authorized) to do work on behalf of the cemetery. The Cemetery reserves the right
to determine the positions for interments.
At Knox a lot may contain one casket interment. One cremation interment, as determined by
the purchaser(s) or principal rights holder(s), is allowed on top of, or in,a casket interment.
Interment of cremated remains on top of a casket interment is limited to immediate family
members.
In a cremation lot up to four cremated remains per lot is allowed. Cremated remains are not
permitted to be scattered on a grave.
Except in case of special circumstances and emergencies or in case of contagion, infection or
epidemic, interments shall not be made on Sunday.
Due to soil conditions in the Cemetery it is recommended that concrete or other non-
collapsible vaults be considered.No interments shall be made during the winter months (December to April inclusive) unless,
due to special conditions, permission has been granted by the Trustees of Knox Presbyterian
Church Cemetery Board. Burials in November are dependent on soil and weather conditions.
Ownership of any plot in Sections 'A' and 'B', that is determined by a sworn affidavit, and
where interments are uncertain, will be limited to ownership only. Interments will not be
allowed.
Declarations and/or transfers of the interment rights to the descendants, of the original
owners, in sections ‘A’ and ‘B’, where the interments are recorded, are allowed. It is highly
recommended that these interments be for cremation only.
Human remains may be disinterred from a lot provided that the written consent
(authorization) of the interment rights holder has been received by the cemetery operator and
the prior notification of the medical officer of health. A certificate from the local medical
officer of health must be received at the cemetery office before the removal of casketed
human remains may take place. A certificate from the local medical officer of health is not
required for the removal of cremated remains. In special circumstances the removal of human
remains may also be ordered by certain public officials without the consent of the interment
rights holder and/or next of kin(s).
BYLAWS PERTAINING TO MEMORIALIZATION
No memorial or other structure shall be erected or permitted on a lot until all charges have
been paid in full.
No monument, footstone, marker or memorial of any description shall be placed, moved,
altered, or removed without permission from the Cemetery Board, or authorized person.
Minor scraping of the monument base of an upright monument due to grass/lawn maintenance
is considered to be normal wear.
The Cemetery Board 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, marker,
or other structure, or part thereof.
The Cemetery Board reserves the right to determine the maximum size of monuments, their
number and their location on each lot or plot. They must not be of a size that would interfere
with any future interments.
Monuments must be installed with the front facing in the same direction as the other
monuments in the cemetery.
All foundations for monuments and markers shall be built by, or contracted to be built for by an
authorized contractor at the expense of the interment rights holder.
Should any monument or marker present a risk to public safety because it has become
unstable, the Cemetery Board shall do whatever it deems necessary by way of repairing,
resetting, or laying down the monument or marker or any other remedy so as to remove the
risk.If an Owner wishes to replace or alter an existing monument, plans must be submitted to the
Cemetery Board for approval three months prior to the commencement of the work.
Inscriptions on a marker must be in keeping with the dignity and reverence of a faith-based
cemetery.
Memorial pictures need to be added through a licensed monument installer.
Alterations to monuments may only be made by the original owners or by the executor(s) of
the estate of the owners. The changes must reflect the wishes of the owners as if they were
alive.
Owners and their families are encouraged to keep their monuments clean and in good repair.
When and if monuments need to be removed to be cleaned and/or refurbished, notification to
the Cemetery Board is required. Notification to the Trustees needs to be done in advance.
The Cemetery Board reserves the right to remove at its sole discretion any marker, monument,
or inscription which is not in keeping with the dignity and decorum of the cemetery as
determined by the trustees.
A monument or other structure shall be erected only after the specific design plans have been
approved by the Cemetery Board, or authorized person, including: dimensions, material of
structure, construction details, and proposed location.
In keeping with the cemetery by-laws only one monument shall be erected within the
designated space on any lot.
The minimum thickness for flat markers including footstones is 4 inches or 10 cm.
All monuments and markers shall be constructed of bronze or natural stone (i.e. granite).
No monument shall be delivered to the cemetery for installation until the monument
foundation has been completed, and the interment rights holder(s) and/or marker retailer have
been notified.
Markers and footstones of bronze or granite are permitted with size and quantity restrictions
according to cemetery by-laws and the placement of such memorials shall not interfere with
future interments.
Monuments/markers to be erected for the Interment Rights Holder shall be set upon adequate
stone/concrete bases. Concrete foundations shall be no less than five feet in the ground or the
full depth of the grave.
Monuments made from fieldstone are prohibited.
The corner stones are to be installed by an authorized installer.
Military monuments are excluded from the size requirements in these by-laws.
Pillow and upright monuments are to be located at the head of the plot.
Flat markers are to be located at the head of the plot or the foot of the grave.
Flat markers at the head of the plot can have a maximum size of 30 inches by 24 inches.
Flat markers at the foot of the grave can have a maximum size of 24 inches by 18 inches.
If a plot already has an upright monument, that is centered on the plot, then one flat marker
may be allowed at the foot of each of the graves.No marker is allowed between the head and foot of the grave except in the case of cremated
remains. Then a single-word flat marker is allowed directly above the interred remains
(maximum size 12 X 6 inches).
The Cemetery Board reserves the right to determine the maximum size of the monument or
marker and their number and location on each plot or lot.
Maximum sizes of Upright Monuments/Markers:
Maximum sizes: Single grave – Tablet and Base – 30 inches (foundation 28 inches)
Two grave plot – Tablet and Base – 48 inches, height 44 inches
Three grave plot - Tablet and Base – 72 inches, height 44 inches
Four grave plot – Tablet and Base – 72 inches, height 44 inches
The maximum height of a single grave monument is not to exceed 40 inches.
If 2 monuments are to be placed on a 2-grave plot then each monument must conform to the
requirements for a single grave. The same shall apply to a 3 and 4-grave plot
The thickness of the tablet is not to exceed 10 inches or be less than 6 inches.
The wash of the base around the tablet must be from 3 inches to 4 inches.
The vertical height of the base (ground level to tablet) is to be no less than 4 inches and no
more than 8 inches.
If a plinth is used the normal wash between tablet and base must be proportioned, between
tablet and plinth, and plinth and base.
A 6 inch thick tablet must be pinned to its plinth and/or base. Any monument that is taller than
it is wide must be pinned between its parts.
The maximum size of a pillow marker is 32 inches wide by 24 inches in length by 10 inches in
height (base included).
BYLAWS PERTAINING TO PLOT CARE AND PLANTING
The cemetery reserves the right to regulate the articles placed on lots or plots that pose a
threat to the safety of all interment rights holders, visitors to the cemetery and cemetery
employees, prevents the cemetery from performing general cemetery operations, or are not in
keeping with the respect and dignity of the cemetery. Prohibited articles will be removed and
disposed of without notification.
Artificial turf is not allowed as a part of a plot.
The erection of fences, railings, walls and the planting of shrubs, trees and roses on a plot is
prohibited.
The Cemetery Board reserves the right to remove existing untrimmed and unkempt trees
and shrubs. Flowers, natural or artificial, may be planted or placed next to the headstone. The
Board reserves the right to remove any unsightly plants or decorations. Flowers placed on a
grave for a funeral shall be removed by the cemetery staff after a reasonable time to protect
the sod and maintain the tidy appearance of the cemetery.CONTRACTOR/MONUMENT DEALER BYLAWS
Any contract work to be performed within the cemetery requires the pre-approval of the
interment rights holder and the cemetery operator before the work may begin. Pre-approval
includes but is not limited to: inscriptions, designs, drawings, plans and detailed
specifications relating to the work, as well as, the landscaping, delivery and erection of
monuments and markers, proof of all applicable government approvals and permits and the
location of the work to be performed is included in the approval.
Monuments/markers are to be guaranteed and installed by a certified monument installer.
Prior to the start of any said work, contractors must provide proof of Workplace Safety and
Insurance Board (WSIB) coverage and evidence of liability insurance of not less than $ 2 million.
All cemetery by-laws apply to all contractors and all work carried out by contractors within the
cemetery grounds.
Contractors shall temporarily cease all operations if they are working within 100 meters of a
funeral until the conclusion of the service.
July 4, 2023