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St. Volodymyr Ukrainian Cemetery

1280 Dundas St West

Oakville ON L6M 4H9

Owned and operated by

 St. Volodymyr Ukrainian Orthodox Cathedral

 

 

 

Visitation Hours:  8 am until dusk

 

Office Hours: 9 am to 5 pm

 

Burial Hours: 9 am to 4 pm (extra cost may apply according to the cemetery price list)

 

Part A             

General Information:

 

These by-laws are the rules and regulations that govern St. Volodymyr Ukrainian Cemetery and have been approved by the Registrar of Cemeteries, FBCSA, Cemeteries Regulations Unit, Ministry of Consumer Services.

 

The cemetery 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 the Cemetery.

 

All visitors should conduct themselves in a quiet manner that shall not disturb any service being held.

 

Liability:

 

The cemetery operator 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, columbarium niche, mausoleum crypt, 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 Ontario Regulation 30/11 requires all cemeteries and

crematoriums to maintain a public register that is available to the public during regular 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 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.

 

 

Part B

By Laws pertaining to Sale and Transfer of Lots

 

Interment rights holders may first offer the interment rights to the cemetery operator. If the cemetery operator does not wish to repurchase the interment rights, the interment right may be sold on the to a third party for no more than the current price listed on the cemetery price list, as long as the sale or transfer is conducted through the cemetery operator and the purchaser meets the qualifications and requirements as outlined in the cemetery operator’s

by-laws.

 

Purchasers of interment rights holders 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, entombment, 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. An interment rights holder wishing to resell their interment rights may advise the cemetery operator of their intention prior to seeking a third party buyer for their interment rights.

 

Cancellation of Interment 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 or scattering rights contract, by providing written notice of the cancellation to the cemetery operator. The cemetery operator will refund all monies paid by the purchaser within thirty (30) days from the date of the request for cancellation.

 

 

Cancellation of Interment Rights after the 30 Day Cooling-Off   Period :

 

Upon receiving written notice from the purchaser of the interment, the cemetery operator will cancel the contract and issue a refund to the purchaser for the amount paid for the interment  rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate has been issued to the interment rights holder(s), the certificate must returned to the cemetery operator along with the written notice of cancellation.

If any portion of the interment or scattering rights has been exercised, the purchaser, or the interment rights holder(s) are not entitled to cancel the contract or resell the interment rights.

 

 

 

 

Resale of Interment Rights after 30 Day Cooling-Off Period:

 

Unless the interment rights have been exercised the purchaser retains the right to cancel the contract or resell the interment rights. Once payment for the interment rights has been made in full, and an interment rights certificate has been issued, the interment rights holder(s), as recorded on the cemetery records, has right to resell the interment rights. Any resale of the interment right shall be in accordance with the requirements of the cemetery by-laws and in keeping with the FBCSA.

If any portion of the interment rights has been exercised, the purchaser, or the

interment rights holder(s) are not entitled to resell the interment rights.

 

Care and Maintenance Fund Contributions:

 

As required by sections 166 and 168 of Regulation 30/11, a percentage of the purchase price of all interment rights, and a prescribed amount for monuments and markers is contributed into the care and maintenance fund. Income from this fund is used to provide only general care and maintenance of the cemetery. Contributions to the care and maintenance fund are not refundable except when interment rights are cancelled within the 30 day cooling

off period.

 

 

Permit to resale of interment rights to a third party:

 

NOTE: ALL RESALES OF INTERMENT RIGHTS MUST BE CARRIED OUT THROUGH THE CEMETERY OPERATOR.

 

Requirements in resale of interment rights:

 

The interment rights holder(s) intending to sell their rights shall provide the

following documents to the cemetery operator so that the operator can confirm the ownership of the rights and provide the third party purchaser with a the required certificate etc.:

 

  • an interment  rights certificate endorsed by the current rights holder

 

  • if the resale involves interment rights, a written statement of the number of lots that have been used in the plot and the number of lots that remain available

 

  • any other documentation in the interment or  rights holder(s) possession relating to the rights

 

 

 The third party purchaser will be provided with the following documents by the cemetery

operator

  • an interment  rights certificate endorsed by the current rights holder
  • a copy of the cemetery’s current by-laws
  • a copy of the cemetery’s current price list
  • if the resale involves interment rights, a written statement of the number of lots that
  • have been used in the plot and the number of lots that remain available
  • any other documentation in the interment rights holder(s) possession relating to the

            rights

 

 The cemetery operator will require:

 

  •  require a statement signed by the rights Holder(s) selling the interment rights acknowledging the sale of the interment rights to the third party purchaser;
  • require confirmation that the person selling the interment  rights is the person registered on the cemetery records and that they have the right to re-sell the Interment rights;
  • record the date of transfer of the interment  rights to the third party;
  • the name and address of the third party purchaser(s);
  • a statement of any money owing to the Cemetery Operator in respect to the Interment

Rights.

 

 

 

  • Once the endorsed certificate and all required information has been received by the cemetery operator from the rights holder(s), the cemetery operator will issue a new interment rights certificate to the third party purchaser.

 

  • Upon completion of the above listed procedures, and upon the issuance of the new interment rights certificate, the third party purchaser or transferee(s) shall be considered the current interment rights holder(s) of the interment rights, and the resale or transfer of the interment rights shall be considered final in accordance with the cemetery by-laws and the FBCSA.

 

  • The cemetery operator may charge an administration fee for the issuance of a duplicate certificate in accordance with the price listed on the cemetery operator’s current price list.

 

  • The cemetery operator may negotiate a purchase price so long as the seller acknowledges being aware of the cemetery operator’s current price list amounts for interment rights.

 

 

Part C

By-Laws pertaining to Interments and Disnterments:

 

·         Interment  rights holder(s) must provide written authorization prior to a burial,

or an entombment 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 i.e. Personal Representative, Estate Trustee, Executor or next of kin.

 

·          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 office prior to a burial or entombment taking place.

 

·         A Certificate of Cremation must be submitted to the cemetery office 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 or entombment of human remains.

 

·          Payment must be made to the cemetery before a burial can place.

 

·         Cremated remains are not permitted to be scattered on a grave.

 

·         The cemetery shall be given 48 business hours of notice for each burial of human remains or of cremated human remains.

 

·         Funeral cannot take place on Sundays and Statutory holidays, except when the provincial ministry of health requests that the deceased must be buried within 24 hours for reasons of contagious disease.

 

·         There will be no funerals on Ukrainian Good Friday or on Ukrainian Christmas Day except for reasons above.

 

·         The opening and closing of graves or the burial of cremated remains may only be conducted by cemetery staff or those designated to do work on behalf of the cemetery.

 

·         Human remains may be disinterred (only remains in outer container or vault) 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).

 

 

Part D

By-laws pertaining to Monuments:

 

  • 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 operator.

 

  • Minor scraping of the monument base of an upright monument due to grass/lawn maintenance is considered to be normal wear.

 

  • The cemetery operator 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 operator 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.

 

  • All foundations for monuments and markers shall be built by, or contracted to be built for, the cemetery operator 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 operator 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.

 

  • The cemetery operator 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, private mausoleum, or other structure shall be erected only after the specific design plans have been approved by the cemetery operator 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 by the cemetery operator.

 

  • 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.

 

·         All monuments shall be no less than 6 inches in thickness at its narrowest point, and the face of the monument shall not exceed the 25 percent of the area of the plot and the length of the base shall not exceed ten percent of the width of the seat. The base area of the monument shall not exceed 90 percent of the plot width. Monuments eight inches in thickness shall not exceed three feet six inches in height. Monuments exceeding three feet six inches in height, shall increase in thickness by one inch for every foot or fraction thereof over three feet six inches in height or anchored to the base with stainless steel hardware. Neither the die stone nor any part of the monument shall exceed the length or width of the base.

 

An upright monument dimensions:

 

Applicable to the older part of the cemetery:

 

Single lot monument: maximum 3 ft at the base and 6 ft in height (not applicable in all locations)

 

Double lot maximum: 6 ft at the base and height 6 ft in height (not applicable in all locations)

 

Applicable to the new part of the cemetery:

 

Single lot monument: maximum 42 ft at the base and 6 ft in height.

 

Double lot monument: maximum 7 ft at the base and 6 ft in height.

 

Part E

By-Laws pertaining  to Care & Planting

 

A portion of the price of interment rights is trusted into the Care and Maintenance Fund.

The income generated from this fund is used to maintain, secure and preserve the cemetery grounds.

 

Services that can be provided through this fund include:

 

The income generated from this fund is used to maintain, secure and preserve the cemetery grounds.

Services that can be provided through this fund include:

  • Relevelling and sodding or seeding of burial lots.
  • Maintenance of cemetery roads, sewers and water systems
  • Maintenance of perimeter walls and fences
  • Maintenance of cemetery landscaping
  • Repairs and general upkeep of cemetery maintenance buildings and equipment

 

 

 

  • No person other than cemetery staff shall remove any sod or in any other way change the surface of the burial lot in the cemetery.
  • No person shall plant trees, flower beds or shrubs in the cemetery except with the approval of the cemetery.
  • 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

 

  • Flowers, on plots with a monument, may be permitted but cannot be spread beyond

20 inches in width and shall be located in front of the monument

 

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.

 

 The cemetery reserves the right to disallow or remove oversized flowerbeds, quantities of memorial wreaths or flowers considered to be excessive and that diminishes the otherwise tidy appearance of the cemetery.

 

Memorial wreaths may be placed in the cemetery after the November 15th of any year. In order to preserve the proper appearance of the grounds, they must be removed before April 15th of the following year or the cemetery authorities will remove them and dispose of them without notification.

 

Part F

By-laws pertaining to Contractor /Monument Dealer

 

Any contract work to be performed within the cemetery requires the written pre-approval of the interment rights holder and the cemetery operator before the work may begin. Pre-approval includes but is not limited to: landscaping, delivery of monuments and markers, inscriptions, designs, drawings, plans and detailed specifications relating to the work, proof of all applicable government approvals and permits, the location of the work to be performed. It is the responsibility of all contractors to report to the cemetery office and provide the necessary approvals before commencing work at any location on the cemetery property.

 

Prior to the start of any said work, contractors must provide proof of evidence of liability insurance of not less than $1,000.000.

 

  •  All cemetery by-laws apply to all contractors and all work carried out by contractors within the cemetery grounds.

 

  • Contractors, monument dealers and suppliers shall not enter the cemetery in the evening, weekends or statutory holidays, unless approval has been granted by the cemetery operator.

 

  • No work will be performed at the cemetery except during the regular business hours of the cemetery.

 

  • Contractors shall temporarily cease all operations if they are working within 100 metres of a funeral until the conclusion of the service. The cemetery reserves the right to temporarily cease contractor operations at their 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.

 

  • Contractors, monument dealers and suppliers shall lay wooden planks on the burial lots and paths over which heavy materials are to be moved in order to protect the surface from damage.

 

 

Part G

By-laws pertaining to Mausoleum

 

Full payment must be made to the cemetery operator before an entombment may take place

 

Only the cemetery operator may open and seal crypts for entombments. This applies to the

inside sealer and the crypt front.

 

To ensure quality control, desired uniformity and standard of workmanship, the cemetery

operator reserves the right to inscribe all crypt fronts or install all lettering, vases, adornments,

or any other approved attachment.

 

Photographs are permitted and must conform to the design, material and standards of the

building.

 

Part H

By-laws pertaining to Columbarium

 

Payment must be made to the cemetery operator before an interment may take place

 

Only the cemetery operator may open and seal niches for interments. This applies to the inside

sealer and the niche front.

 

To ensure quality control, desired uniformity and standard of workmanship, the cemetery

reserves the right to inscribe all niche fronts or install all lettering, vases, adornments, or any

other approved attachment.

 

No person other than cemetery staff shall remove or alter niche fronts.