The Cemeteries Act, 1999
Non Commercial Cemeteries
Bylaws (section 54)
All non-commercial owners may adopt reasonable bylaws for the operation of the cemetery. Once adopted, the cemetery is governed by those rules. Such bylaws do not have to be filed with the Registrar of Cemeteries, but must be available to the public on request.
Trust Funds – Care and Maintenance (sections 23, 24; regulations 41, 42)
The Act requires an owner of a non-commercial cemetery (not including municipal cemeteries) developed after the Act came into force and composed of more than 12 plots (regulation 41) to establish trust funds for ongoing care and maintenance of the cemetery. Only the income from the fund can be applied to maintenance expenses, the principal must remain untouched. Where there is a care and maintenance fund, it is to be funded by a minimum $10,000 deposit from the owner. Funding is also derived from a percentage or fee of interment goods and services (regulation 42). Cemeteries that are not required to establish a trust fund may elect to have a trust fund, in such cases, the required trust fund requirements apply to that trust fund (section 24).
Price Lists (section 56, regulation 28)
The Act requires all non commercial cemeteries (with an average of 25 interments per year) to make itemized price lists of their goods and services available to the public.
Neglected or Abandoned Cemeteries (section 55, regulation 45)
The Act allows municipalities to assume responsibility for abandoned cemeteries and, in the case of neglected cemeteries, to require the owner to maintain it. If an owner fails to maintain the cemetery, the Act provides that the municipality may undertake maintenance and recover the cost from the owner.
If the cemetery is being appropriated see the Information Bulletin – Municipal Expropriation of a Neglected or Abandoned Cemetery.
Closure of a Cemetery (regulation 46)
An owner who wishes to close a cemetery shall apply to the registrar and reasons for the closure. Storing of cemetery records, future maintenance and a strategy for continued public access will be items that will need to be discussed. The registrar, if satisfied that it is in the public interest, may approve closure of a cemetery, subject to any terms that is imposed. Where a cemetery is closed, no further interments may take place except with the approval of the registrar.