Consolidated for Convenience Only

Transcription

1 CITY OF KAMLOOPS CEMETERY BY-LAW NO Effective Date - May 31, 2005 Consolidated for Convenience Only This is a consolidation of "City of Kamloops Cemetery By-law No. 6-27, 2005". The amendment by-law listed below have been combined with the original by-law for convenience only. This consolidation is not a legal document. The original by-laws should be consulted for all interpretations and applications on this subject. Amendment By-law Effective Date By-law No Amends fees in Sections 10, 22, 32, 34, and Schedule "A" July 25, 2006 By-law No Amends Section 32 - Memorial Markers January 29, 2008 By-law No Amends Section 22 (g) - casket/urn regulations, and Schedule "A" fees May 5, 2009 By-law No Amends Schedule "A" fees to 2015 February 1, 2011 By-law No Amends Schedule "A" fees to 2015 June 26, 2012 The by-law numbers in the margins of this consolidation refer to the by-laws that amended the principal by-law "City of Kamloops Cemetery By-law No. 6-27, 2005".

2 This is a consolidated by-law prepared by the City of Kamloops for information only. To verify the accuracy and currency of this information, please contact Legislative Services at or legislate@kamloops.ca. CITY OF KAMLOOPS BY-LAW NO (AS AMENDED) A BY-LAW RELATING TO THE OPERATION AND MAINTENANCE OF CEMETERIES, COLUMBARIA AND MAUSOLEUMS WHEREAS the Community Charter, SBC, 2003, Chap. 26, and amendments thereto, empowers the Council to enact a by-law to regulate, maintain and operate cemeteries, including columbaria and mausoleums, subject to the Cremation, Interment, and Funeral Services Act; AND WHEREAS the Municipal Council of the City of Kamloops deems it necessary to provide for the regulation, maintenance and operation of cemeteries, columbaria and mausoleums within the City of Kamloops. NOW THEREFORE, the Municipal Council of the City of Kamloops in open meeting assembled, enacts as follows: 1. This by-law may be cited as "City of Kamloops Cemetery By-law No. 6-27, 2005". DEFINITIONS: 2. In this by-law, unless the context otherwise requires: "Base" means a granite pedestal that an upright monument "Die" or pillow sits upon. "Cemetery" means any parcel or tract of land set aside, used, maintained or operated as a cemetery by the City of Kamloops. "Cemetery Care Fund" means a portion of the burial costs are set aside for the maintenance of the cemetery. "Child" means any person one year old up to and including twelve years of age. (Casket size not to exceed 3'6", 107 cm). "City" means the City of Kamloops. "Columbaria" means an above ground granite structure for cremated remains. "Council" means the Council of the City of Kamloops. "Cremains" means the abbreviated form of cremated remains. "Cremated Remains" means the remains resulting from cremation of a deceased human body.

3 BY-LAW NO PAGE 2 "Crypt" is one kind of a lot and means a space in a mausoleum, used or intended to be used, for the entombment of human remains. "Die" refers to the actual monument excluding the base and foundation. "Entombment" is one form of interment and means the placement of human remains in a mausoleum crypt." Financial Administrator" means the person duly appointed as such from time to time by the Council. "Foundation" means, for upright monuments, the concrete footing that a granite base sits on. "Monument Grade beam" means a long running concrete foundation for upright monuments. "Grave" is one kind of a lot and means a space of ground in a cemetery used or intended to be used for the burial of human or cremated remains. "Grave Liner" means a ridged shell structure to cover a casket for a grave interment. "Hillside and Sage Valley Mausoleums" means structures that are located within Hillside Cemetery for the purpose of entombments. "Historic graves sites" means grave sites and pathways that have been reclaimed or recovered in both Pleasant Street and Hillside Cemetery area. The historic grave sites will be located near interments dating from 1900 to "Infant" means any person up to the age of one year. "Interment" means the act of burying a casket in a grave, "Inurnment" means the act of interring an urn in a grave or niche. "Mausoleum" means a structure above-ground containing crypts designed for the entombment of human remains, and includes a columbarium for the inurnment of cremated remains in its niches. "Medical Health Officer" and "Health Officer" means the person appointed to act as Medical Health Officer. "Memorial Wall" means a wall of a mausoleum where nameplates are attached in memory of cremated remains. "Minister" means that member of the Executive Council charged by Order of the Lieutenant-Governor-in-Council with administration of the Cremation, Interment, and Funeral Services Act and includes a person designated in writing by the Minister. "Niche" is a recess hole in a wall of a mausoleum or columbarium used or intended to be used for the inurnment of cremated remains.

4 BY-LAW NO PAGE 3 "Non-resident" means any person who has not lived within the municipal limits of the City of Kamloops for more than one year prior to the purchase of a grave space. "Ossuary" means the surface opening in a shrub or floral garden area to allow cremated remains access to an in-ground co-mingled chamber. "Parks, Recreation, and Cultural Services Director" means the person appointed as such from time to time by the City, and any person delegated to assist him in carrying out his duties under this by-law. "Photo Blast" means a sand blasted or chemical engraved process that imposes a portrait picture onto the memorial granite surface. "Rights of Interment" means a right, acquired by purchase, inheritance or transfer, for the interment of human remains or cremated remains in a lot. "Scattering Garden" (located at the "Garden of Memories and Veterans Memorial Plaza") means the designated area for the dispersal of cremains in an ossuary that is located within a shrub and floral area of the cemetery. "Supervisor" means the person or persons appointed or employed by the City from time to time to act as Supervisor of the cemetery or cemeteries who operates under the direction of the Director of Parks, Recreation, and Cultural Services. "Vault" means a completely enclosed container for urns and caskets. "Veteran Memorial Plaza" means a specially designed floral and sculptured maple leaf fountain area complete with flame, next to the field of honour, dedicated to memorializing the Canadian force veterans. "Wash" means a concrete or granite base with its surface extending 3" on all four sides, the side surfaces true and perpendicular with the top surface of the attached tablet. The use of words signifying the masculine shall include the feminine. 3. The following lands have been set aside, operated, used or maintained as a cemetery by the City: (a) Hillside Cemetery legally described as being: Lots 1, 2 and 3, Section 1, Range 18; and Lots 4 and 5, Section 1, Range 18 and Section 6, Range 17 all of Township 20, West of the Sixth Meridian, Kamloops Division Yale District, Plan 33519, City of Kamloops, subject to Cemeteries Act D.F. G26560, G26561 and T45005 as to Lot 5. Pleasant Street Cemetery legally described as being: Block 88, Plan 194; Block 89, Plan 194; Parcel "A", Plan 194; Block 3, Plan 739; Parcels "A" and "B", Plan A copy of the plans of the cemeteries shall be filed with the Minister and copies shall also be kept available for public inspection in the municipal office and at such other places as may be deemed necessary.

5 BY-LAW NO PAGE 4 LICENCE TO USE 5. The Council may, by agreement with a society, church or other organization, reserve a section of a cemetery to be used exclusively for the interment/inurnment of deceased members of the society, church or other organization concerned, and upon such an agreement being made, no person shall be issued with a licence to use grave space in the reserved section, unless his application to the City to purchase a licence is accompanied by a certificate from the society, church or organization concerned, stating that he, or the person on whose behalf he may be acting, is entitled to burial in the reserved section. All licences issued and services rendered by the City under these conditions shall be subject to payment at the regular rates set forth in the schedule of rates shown in Schedule "A" attached to and forming part of this by-law. 6. The Supervisor may grant to any person paying the fees therefor, according to the scale of fees hereinafter provided and subject to the terms of Section 5, a licence for the exclusive use by him or his executors or administrators, of any one or more grave spaces, crypts or niches which may be vacant and unlicensed in a cemetery and upon payment of said fee therefor, such person or persons shall be entitled to receive a licence. 7. The Supervisor may refuse to sell the use of more than two grave spaces, crypts or niches to any one individual. 8. (a) Where the holder of a licence to use and occupy grave space, crypt or niche in a cemetery wishes to transfer his right of interment to another person, he shall first provide the Supervisor with full particulars of the name, address and other description of the person to whom the transfer is to be made, the consideration to be paid therefor and such other information as the Supervisor may reasonably request. The provision of such information shall not bind the City to accept or permit the proposed transfer. (c) If the licence to be transferred relates to a grave space located in an area reserved under an agreement made between the Council and an organization pursuant to Section 5, the requirements of said Section 5 concerning entitlement to burial in a reserved section of a cemetery shall apply to the person to whom the transfer is to be made. Upon acceptance by the City of the transfer fee prescribed in said Schedule "A", and upon compliance with the requirements of this bylaw by the licence holder and the person to whom the licence is to be transferred, the Supervisor shall effect the desired transfer by an endorsement upon the licence and shall record the transfer in the books or other records kept by him for that purpose. 9. All licences issued for use of grave space, crypt or niche in a cemetery shall be subject to the provisions of this by-law and all by-laws now or hereafter to be passed by Council.

6 BY-LAW NO PAGE 5 FEES AND CHARGES 10. (a) The fees for interment, inurnment, use of grave space, and care of graves, use of crypts and niches and the charges for goods offered for sale by the City, and any other cemetery fees shall be those set out in said Schedule "A" attached to and forming part of this by-law. The fees set out in said Schedule "A" shall be paid at the Cemetery offices at the time of purchasing a cemetery licence, interment permit or any goods or services sold by the cemetery. Monthly billings to funeral homes for interments/inurnments performed may be approved by the Parks, Recreation, and Cultural Services Director. (6-28) (c) The City will not undertake any services until full payment is made to the City. Funeral providers opting to not be billed for their client's at-need cemetery service will send the said purchaser to the Cemetery offices where payment will be completed by cash, cheque, interac, or visa, before any services are performed. PERMISSION TO INTER, INURN AND EXHUME 11. No body shall be interred/inurned in a cemetery until a permit to inter/inurn the body has been obtained from the City and the fee for interment/inurnment as specified in Schedule "A" has been paid to the City, except as may be permitted otherwise under the provisions of Section All applications for a permit to inter/inurn in a cemetery must be made to the Supervisor within the time line as stated in Section 16 at the location of the Hillside Cemetery office between the hours of 0830 hours (8:30 a.m.) and 1600 hours (4:00 p.m.) on all days of the week, except Saturday, Sunday, Statutory Holidays and in cases of emergency as described in Section Any person who makes application for an interment/inurnment permit or who requires an interment/inurnment to be made, shall provide the Supervisor with a statement of the name, age and date of death of the deceased, whether or not death was caused by a communicable disease as listed in the Communicable Disease Regulations made under the Health Act, as amended from time to time, the time and date of the funeral and any other information which it is reasonable for the Supervisor to request. The date of purchase and age of the lot holder is required at the time of issuance so the City may determine the time line for rights of interment of said lot holder to be reclaimed as specified in the Cremation, Interment, and Funeral Services Act. 14. The rights of a person to control the disposition of the human remains or cremated remains of a deceased vests in and devolves on that person in the order as specified in the Cremation, Interment, and Funeral Services Act.

7 BY-LAW NO PAGE No person shall be granted a permit to inter/inurn in an area of a cemetery which Council has reserved under the provisions of Section 5 for burial of members of a church, society or other organization, except where the applicant for the permit furnishes the Supervisor with a certificate from the organization for whom the area has been reserved, stating that the deceased person for whom the permit is required is entitled to burial in the reserved area. 16. Where the Health Officer directs, pursuant to the said Communicable Disease Regulations or otherwise, that a body be buried in a cemetery during any period when the City's offices are closed, permission to inter in a cemetery shall be obtained from the Supervisor. (a) (c) (d) Where a burial in a cemetery is performed under the conditions noted above, the person who permitted the burial and the person who performed the burial shall report the matter to the Supervisor with full details of the deceased as required by Section 13, together with such fees as may be required in accordance with said Schedule "A", if such fees have not already been paid. The information required to be given to the Supervisor under the terms of Section 13 shall be provided to the Supervisor not less than eight (8) working hours prior to the interment being conducted. Where a body of a person who died while suffering a communicable disease is to be buried in a cemetery, any instruction given by the Health Officer respecting the interment/inurnment shall be fully and carefully followed by those who perform the interment/inurnment. Where the body delivered to a cemetery for interment/inurnment is subject to directions of the Health Officer under the terms of the Communicable Disease Regulations made under the Health Act, the person delivering the body to the cemetery shall inform the Supervisor. 17. No deceased person interred/inurned in a cemetery shall be exhumed, notwithstanding Section 18, without a written order being first obtained from the proper authority in accordance with the requirements of the Cremation, Interment, and Funeral Services Act, as amended from time to time, and the presentation of such order to the Supervisor for his examination. 18. The Supervisor reserves and shall have the right to correct any errors that may be made by it either in making entombments, disentombments or removals, or in the description, transfer or conveyance and substituting and conveying in lieu thereof other entombment right or crypt of equal value and similar location, as far as possible, as may be mutually selected by the Supervisor and the Purchaser, or, failing such mutual agreement, the Supervisor may refund the amount of money paid on account of said purchase; in the event any such error shall involve the entombment of the remains of any person in any crypt, the Supervisor reserves and shall have the right, subject to the Cremation, Interment, and Funeral Services Act, to remove and re-entomb the remains in such other crypt of equal value and similar location as may be substituted and conveyed in lieu thereof.

8 BY-LAW NO PAGE It shall be unlawful for any person to inurn or scatter cremated remains of a deceased person within the municipal boundary of the City except pursuant to the terms of the Cremation, Interment, and Funeral Services Act and the regulations thereunder, all as amended from time to time. INTERMENT/INURNMENT 20. No body, other than a deceased human body, or the cremated remains or other remains of a deceased human body shall be interred/inurned in a cemetery and all interments/inurnments shall be subject to and comply with the provisions of this by-law. 21. The holder of a licence to use and occupy grave space in a cemetery shall not permit an interment/inurnment to be made in the grave space to which the licence refers, nor transfer nor dispose of the said grave space to another person, group or organization, unless such interment/inurnment, transfer or disposal is made pursuant to and subject to, Section 8 (c), Section 14, and all other provisions of this by-law. 22. (a) Each interment in a cemetery shall provide for not less than.9 m (3 ft.) of earth between the general surface level of the ground at the gravesite and the upper surface of the casket liner/vault enclosing the body resting in the grave. (c) (d) (e) Each inurnment in a cemetery shall provide for not less than.3 m (1 ft.) of earth between the general surface level of the ground at the gravesite and the upper surface of the vault enclosing the cremated remains resting in the grave. Two caskets interments may be permitted in each grave space in a cemetery as designated by each cemetery plot plan. Where two casket interments are permitted in one grave space, and each interment is in respect to a body not in the form of cremated remains, the first casket shall be buried in the grave at a lower depth than the second and each of the two burials in the grave shall conform to the requirements of subsection (a). Where one or two interments are allowed in a grave space, two inurnments shall be permitted over the casket interment(s) which are to conform with subsection (f). For all licences issued prior to June 12, 1995 the rights of interment allows for two cremains interments per casket grave site; after June 12 the rights of interment allows one cremains interment per casket grave. i) Additional cremains may be interred over a casket grave when obtaining the multiple use option and the fee paid as set out in Schedule "A". ii) iii) With the purchase of the multiple use option all licences issued prior to June 12,1995 are allowed one more cremains in addition to the previous rights of interment of two cremains; licences issued after June 12, 1995 are allowed to obtain two additional rights of interments by obtaining two multiple use option for each. The memorial marker sizes shown on Schedule "A" will apply and regulations identified in Section 34 (h).

9 BY-LAW NO PAGE 8 iv) Pleasant Cemetery historic cremains sections are sold only as double plots, and issued as designated according to the cemetery plot plan for memorials as specified in Section 40. (f) Each inurnment in a cemetery shall be made in a cremation vault. (6-30) (g) A casket or cremation urn for interment or inurnment shall be made of non-deteriorative materials (no cardboard) and shall be enclosed in a structurally approved cemetery fiberglass, plastic, steel, concrete, or granite vault or liner and its dimensions will conform to the City's plot plan for each individual interment or inurnment. i) All casket interments located adjacent to monument grade beams are required to be interred in a casket grave vault supplied only by the City of Kamloops. (6-28) ii) Notwithstanding subsection (g) i), liners and vaults supplied by others will be subject to pay the installation fee as set out in Schedule "A". (h) Where cremated remains are dispersed in both Ossuary locations, the Garden of Memories or Veterans Memorial Plaza, each cremated remains dispersed is not required to conform to the requirements of subsections (f) and (g). Cremated remains dispersed shall be required to obtain a permit subject to payment at the rate set forth in Schedule "A", Mausoleum and Columbarium. 23. (a) No person shall inter/inurn any body in a cemetery except between the hours of 0800 hours (8:00 a.m.) and 1500 hours (3:00 p.m.), except where previous special arrangements have been made with the Supervisor. No person shall inter/inurn any body in a cemetery on Saturday, Sunday or on any Statutory Holiday unless the written permission of the Supervisor is first obtained, except in the emergency conditions as specified in Section No grave shall be dug or opened by any person other than the Supervisor or a person duly authorized by the Supervisor or by the Parks, Recreation, and Cultural Services Director. SUPERVISOR 25. A Supervisor may be appointed and the duties and responsibilities of a Supervisor so appointed shall be to carry out or cause to be carried out by cemetery staff placed under this supervision: (a) (c) The digging, preparation, opening and closing of graves as ordered by the Parks, Recreation, and Cultural Services Director. The direction of all funerals in a cemetery to the correct grave site. The installation of memorial tablets, markers and monuments on graves and construction of their foundations or bases.

10 BY-LAW NO PAGE 9 (d) (e) The general work of cemetery grounds, to maintain them in a neat and tidy condition, including maintenance of walls, fences, gates, paths and other cemetery improvements. The provisions for care and purchase of the cemetery tools and equipment The Supervisor shall maintain records and shall submit reports as required by him and shall do such other work as the Parks, Recreation, and Cultural Services Director requires from time to time in relation to the operation of the cemeteries. ADMINISTRATION 26. The Parks, Recreation, and Cultural Services Director services shall maintain records as necessary to the administration and management of each cemetery and as required by the Regulations under the Cremation, Interment, and Funeral Services Act as amended from time to time. 27. The Parks, Recreation, and Cultural Services Director is hereby authorized on behalf of the City, and subject to the provisions of this by-law to grant a licence in respect of any unoccupied and unlicensed grave space, crypt or niche, in the cemetery and to charge a fee, according to the scale of fees and charges specified in said Schedule "A". 28. The Supervisor shall issue all permits for interment/ inurnment required by this by-law except as otherwise provided herein. 29. Upon issuing any licences or permits for interment/inurnment to funeral businesses for cemetery services, or upon receiving an order for exhumation from the proper authority as required by Section 17, the Supervisor shall confirm the time of the intended interment/inurnment or exhumation, assuring the name of the deceased, the number and location of the grave space concerned, and any instruction of the Health Officer, relative to the interment/inurnment or exhumation be completed as documented. CARE FUND 30. (a) The Cemetery Care Fund is established in accordance with the requirements of the Regulations made under the Cremation, Interment, and Funeral Services Act. The establishment and administration of a municipal cemetery care fund shall be in accordance with the procedures hereinafter set out. (c) (d) (e) The Financial Administrator shall deposit all funds received, for Care Fund into the Cemetery Care Fund to be held there, pending investment as hereinafter provided. On all licences for use of grave or niche space sold and memorial marker settings provided by the City, the Financial Administrator shall pay 35 per cent of the total into the Cemetery Care Fund from the fees received for each licence. On all licences for the use of grave space, and on all contracts or agreements for the sale of such licences, the amount required to be used for Care Fund purposes shall be specified. Any owner of a memorial marker desiring to install same in a cemetery shall pay to the City prior to the installation of such memorial, the sum specified in

11 BY-LAW NO PAGE 10 Schedule "A", as a contribution to the Cemetery Care Fund, and such amounts, when received, shall be paid by the Financial Administrator into the Cemetery Care Fund Account for investment as hereinafter provided. i) All such cemetery fees that include Care Funds are required to pay Government Sales Tax on the total amount. ii) The Cemetery Care Fund fee is classified non-refundable on purchases of plots, crypts, niches, and new memorial marker installation. Memorial reinstallations are not required to pay the care fund portion for the second setting. (f) (g) (h) Investment of funds received for Care Fund purposes shall be made as required by the Regulations under the Cremation, Interment, and Funeral Services Act applicable to municipal cemetery care funds. The income from the Cemetery Care Fund, including any appreciation thereof, shall be used for the sole purpose of upkeep and maintenance of the property licensed, and the cemetery of which it forms a part. The principal sum of the Cemetery Care Fund shall not be reduced otherwise than in accordance with an order of the Minister made pursuant to the regulations under the Cremation, Interment, and Funeral Services Act. 31. A separate account of all monies received under the provisions of this by-law and of all monies expended hereunder shall be kept by the Financial Administrator and any surplus remaining of receipts over expenditures shall be paid at the end of each financial year into a fund to be known as the Cemetery Care Fund and shall be invested by the City in accordance with the provisions of the Community Charter, as amended from time to time, and the interest derived from such investment shall be expended on the upkeep and development of the cemeteries. FLUSH MEMORIALS (6-28) 32. (a) No person shall place a memorial marker in a cemetery unless they are able to (6-29) supply a burial permit or cremation certificate to the City and such fees paid as set forth in Schedule "A" for both Cemetery Care Funds and memorial marker permits for each individual memorial installed. Specific requests for memorial marker and flower pot adjustments that are less than the maximum 7.6 cm (3") depth, or requests for realignment, shall exceed routine maintenance practises and shall not apply to Section 34(a); therefore, a site adjustment fee shall be paid as set out in Schedule "A". 33. No grave or grave space in a cemetery shall be defined by a fence, hedge, curbing or railing, and no memorial other than a tablet type memorial, as specified in Section 34, may be installed on a grave. 34. A tablet type memorial may be installed on a grave in a cemetery provided the installation fee, as set out in said Schedule "A", is paid and the memorial marker is made of stone or bronze and conforms to the following:

12 BY-LAW NO PAGE 11 (6-28) (a) i) Each memorial marker shall be installed in a position on the grave according to that established by the City for memorials on graves in the cemeteries and shall have its top surface set level and flush with the surface of the surrounding ground. ii) All requests for adjustments to memorial markers and/or accessory items shall conform with Section 32 and the fee paid as set out in Schedule "A". (c) (d) (e) (f) (g) (h) Each bronze memorial marker shall be attached to a concrete or granite base not less than 7.6 cm (3"), and no more than 8.9 cm (3 ½") thick with side surfaces true and perpendicular with the top surface of the attached marker. Each memorial marker shall be not less than 7.6 cm (3") thick, and no more than 8.9 cm (3 ½"), and shall have its side surfaces true and perpendicular with its top surface. Memorial Markers supplied with sawn-sides must have 1.2 cm x 5 cm (½" x 2'') drilled holes, on all four sides for concrete border base wash. The City shall not be responsible for any damage to pictures on memorial markers, except where it can be determined to be a result of maintenance operations. The City shall not be responsible for memorial markers installed on pre-constructed bases made by others. The City shall not allow any pictures, ceramic, or photo blasts on flush memorial markers. The City shall not allow any flush memorial marker settings on grade beams. Except as permitted otherwise in subsection (i) the top surface of memorial markers and concrete or granite bases, including a 7.6 cm (3") wash, shall not exceed the following measurements: On Adult Grave Width Length i) Memorialization of one adult grave space or double depth grave space 1.4 m x 2.7 m (4.5' x 9' lot) ii) Memorialization of two adults (in case of side by side adult size grave spaces) 2.7 m x 2.7 m (9' x 9' lot) 60 cm (24") 61 cm (24") 91 cm (36") 142 cm (56") On Child/Infant Grave 1.5 m x 1.5 m (5' x 5' lot) 46 cm (18") On Cremated Remains Grave Spaces) (single or double depth) 0.6 m x 0.6 m (2' x 2' lot) 36 cm (14") 60 cm (24"0 51 cm (20")

13 BY-LAW NO PAGE 12 On Cremated Remains Grave Spaces (side by side) 0.6 m x 1.2 m (2' x 4' lot) 46 cm (18") 76 cm (30") (i) A bronze memorial tablet intended for installation on the grave of an adult or child may be smaller than required by subsection (h), provided the part of the base extending beyond the tablet does not exceed 7.6 cm (3") wide and has a smooth, slightly bevelled surface to shed water at its outer edges. (j) i) One memorial tablet only may be installed on each adult grave space and child grave space, but where two related persons are buried side by side in adjacent adult grave spaces, one 46 cm x 107 cm (18" x 44") maximum tablet which provides for the memorialization of both persons may be used instead of two separate tablets, provided the single tablet so used is set to embrace evenly the two graves concerned. ii) All grave space licences sold prior to 1995 June 12 are allowed two memorial markers per adult or child grave space. (k) (l) (m) (n) On a cremated remains memorial base which conforms to the requirements of subsection (h) and which supports either a stone or bronze tablet, may enclose one or two containers of cremated remains of a deceased person, as permitted by the terms and requirements of Section 22 (e) i), ii), and iii). All installed memorials that require date and name additions must be removed and reset by the City. Beginning each October 1st the installation of monuments will be subject to weather conditions. Once there is ground frost and a layer of snow on the ground the cemetery will cease the installation of flat monuments. After October 1st, flat monument installations are not guaranteed. The cemetery office will advise all monument dealers of the end date for installations once the weather conditions prohibit installations. NO MEMORIALS ARE ALLOWED on any cemetery grave location where no interments are being considered in the future. As for pre-need memorial markers installed on grave locations the name inscribed on the marker must correspond to the rights of interment holder. If no interments are being conducted in the cemetery the City will provide for the purpose of remembrance five memorialization alternatives, and the fee paid as set out in said Schedule "A".

14 BY-LAW NO PAGE 13 i) Name bar on the "Garden of Memories Wall". ii) iii) iv) Purchasing a memorial bench. Purchasing a Memorial tree, 5.1 cm x 7.6 cm (2" to 3") in caliper, and placing a plaque mounted on granite pillar in a designated area. Purchasing a Memorial plaque and pedestal and placing it in an existing tree location area. UPRIGHT MONUMENTS v) Veterans Memorial Plaza wall reserved only for the Canadian Forces. 35. Written notification will be sent to all local monument dealers when revisions or changes occur to the regulations. 36. General Understanding of Approval Process for Upright Monuments The only approvals that are recognized by the City are written approvals on approved forms. The City will not give out or recognize any claimed verbal approvals. Monuments arriving at cemeteries for installation will be refused and returned to the dealership unless they have had prior approval by the Cemetery Office. 37. Work Notification Upon pickup or delivery of any upright monuments, and added inscription, the monument supplier must complete a "Work Notification Sheet" and submit it to the cemetery office summarizing and verifying the work being done at the cemetery. Failure to submit the "Work Notification Sheet" will result in an administrative work notification fee as specified Schedule "A" Cemetery Rates, per incident. 38. Applications Declined Applications will be declined if: (a) (c) The monument supplier does not meet the dimensions as specified on the Monument Application form available at the Cemetery Office. They are received on outdated forms. It is the supplier's responsibility to contact the office to ensure the most up to date forms are being used. Any of the dimensional information on the form is incomplete. 39. Not Permitted for Upright Monuments (a) Upright monuments less than 10.1 cm (4") thick. Photo blasts.

15 BY-LAW NO PAGE Maximum and Minimum Upright Monument Dimensions (a) The minimum upright monument dimension (l x w x h) 61 cm x 20 cm x 91.5 cm (24' x 8' x 36') and a maximum dimension 76.2 cm x 20 cm x 122 cm (30" x 8" x 48") without vases for a single grave. All granite bases are in addition to these dimensions and must be on a matching 20 cm (8") high (maximum height allowed) x 35.6 cm (14") wide base. All maximum or oversized monuments are to be glued and pinned to the base. Requests for upright monument installations in designated historic grave sites are assigned according to the cemetery plot plan and are required to follow the regulations as specified in section 34 (h) for the maximum width and length base size. 41. Double Sized Monuments (for side by side adjacent plots on Double Grade Beam) For double sized monuments the maximum BASE length is 183 cm (72"). All other clearances and dimensional regulations apply. 42. Pillow Monuments (Double Grade Beam) (a) Pillow markers are classified as upright monuments. All pillows are to be on granite bases. (c) Maximum Base (length x depth) dimension for a Single plot is cm x 45.7 cm (42" x 18"). All other clearances and dimensional regulations apply. (d) (e) (f) Maximum Base (length x depth) dimension for Double plots is 183 cm x 45.7 cm (72" x 18"). All other clearances and dimensional regulations apply. Materials: all monuments and markers must be made of granite or bronze. Round granite balls, granite pagoda's or any other type of approved accessory must be physically attached to the monument using a minimum pin size of 1.3 cm (½") diameter, extending a minimum of two inches into the accessory as well as a minimum of two inches into the die. In addition to the pins, all accessories are required to be attached with a permanent adhesive. In combination with the die the monument cannot exceed a maximum height of 91.2 cm (3"). 43. Pre-need Monument/Markers and Added Inscriptions All pre-need monument installations and added inscription fees can be pre-approved and prepaid at the Cemetery office and said fee paid as set out in Schedule "A", less the Care Fund. The City will return all pre-approved application copies, and it will be the responsibility of the monument dealer to resubmit the approved application(s) upon delivery before the work being completed.

16 BY-LAW NO PAGE 15 Veterans Memorial Plaza 44. Only Veterans who served in the Canadian forces will be recognized on the Veterans memorial wall. The memorial wall identifies veterans whose remains may or may not be interred in the cemetery. 45. Permission to scatter in the Veterans Memorial Plaza ossuary will be obtained from the Cemetery office and said fee paid as specified in Schedule "A". The use of the Veterans Memorial Plaza for flower placement is subject to compliance with the provisions Section 58 (a) of this by-law. 46. Veteran families requesting grave side services in the Veterans Memorial Plaza area are required to obtain a permit as specified in Section 11 and said fee paid as specified in Schedule "A". 47. Veteran Memorial Wall nameplates shall only be purchased from the cemetery office and the fee paid as specified in Schedule "A". Veterans Memorial Nameplate will consist of separate surname and given name and or initials with years of birth and death, the regiment number, and emblem. The plate specifications are: (a) The overall plate size 25.3 cm (10") in length x 3.7 cm (1 ½") wide, cast in bronze alloy. Surname and given name letters in Times Roman font measures 1.3 cm (½") in height. The years of birth and death 1.3 cm (½") in height, regiment number.7 cm (1/4"). The veteran's emblem no more than 2.5 cm (1") in height. Letters, numerals, and emblem are to be hand chased and polished. The castings are to be true and free from defects and roughness, and the colour is consistent in finish adjacent to each other, and is to be secured by chemical means. Gateway Cremation Garden and Private Niches 48. All licences issued for use of columbarium niche and private niche in the cemetery shall be subject to the provisions of this by-law. Inurnment in the Gateway Cremation Garden is required to comply to Section 11, and said fee paid as specified in Schedule "A". 49. Name plaques, pillars, pedestals, and private niche are allotted in the cemetery at the discretion of the Supervisor, factors regarding landscape issues such as tree roots, irrigation, and mowing will prevent installation in some areas. Choices of pillars, pedestals, and private niches will be determined according to the cemetery plot plan. 50. Plaques, pillars, and private niche pedestals shall only be purchased from the cemetery office and said fee paid as specified in Schedule "A". 51. Funeral business selling Gateway Cremation Columbarium niches will receive a 10% commission on each niche, picture, and nameplate sold. Funeral businesses are to obtain a sales form document and are required to provide this document to the cemetery office prior to payment being received. 52. The Cemetery office is required to provide the updated plan, when one niche is sold, to the funeral businesses showing what niches are available. The cemetery office are required to pay funeral business sales commissions at the end of each calendar month. 53. There are no sales commissions on installation fees, Care Fund amounts.

17 BY-LAW NO PAGE 16 Flower Pot Stand 54. The purchase, rental, and optional annual maintenance of the cemetery Flower Pot Stand is subject to the fees paid as specified in Schedule "A". The purchase of a concrete flower pot foundation is required before installing the flower stand on location as specified in Schedule "A". MAUSOLEUM 55. The licence for a crypt or niche and entombment in such crypt or niche and the use of a cemetery shall be subject to the Cemetery Rules and Regulations of the City as approved and filed in accordance with the Cremation, Interment, and Funeral Services Act and regulations made thereunder, including both those herein contained and all others now in force, and hereinafter prescribed: (a) (c) (d) (e) (f) Arrangements for entombment must be made at the Cemetery Office by the immediate relatives of the deceased or a representative authorized in writing by them to make such arrangements for the deceased, or by other authorized persons, at least twenty-four (24) hours before the time of entombment; no Entombment Order shall be taken over the telephone other than from licensed funeral homes. No entombment shall be made in a mausoleum, nor shall the remains of a deceased person be accepted for entombment except upon presentation of the Burial Permit and Acknowledgement of the Registration of Death of the deceased, issued by a District Registrar of Births, Deaths and Marriages, or other official under the provisions of the Vital Statistics Act. No person shall entomb any body in a mausoleum on Saturday, Sunday or on any Statutory Holiday unless the written permission of the Supervisor is first obtained, except in the emergency conditions as specified in Section 16. An additional fee will be charged for Saturday, Sunday or Statutory Holiday interments/inurnments as specified in Schedule "A". No sale, assignment or transfer of crypts and niches or of rights of entombment therein, shall be made without the written consent of the Supervisor, which consent, subject to the Cemetery Rules and Regulations will not be withheld unreasonably; any such transactions shall not be recognized unless and until recorded on the Books of the Cemetery and the payment of the fee prescribed in said Schedule "A" of this by-law is received. Until an entombment has been made in a crypt or niche, an assignment or transfer of entombment rights therein may be made by the registered owner of such rights, subject to the Cemetery Rules and Regulations of the City; after an entombment has been made in a crypt or niche, no assignment or transfer or any right therein may be made or will be recognized by the City. All entombments, disentombments and removals of crypts and niches shall be made only by the cemetery staff.

18 BY-LAW NO PAGE 17 (g) (h) (i) (j) (k) (l) (m) (n) (o) (p) External dimensions of a casket to be placed in any crypt shall not exceed 61 cm (2' 0") high by 76 cm (2' 6") wide by 221 cm (7' 3") long. Urns to be placed in niches shall be made of metal, plastic, stone or porcelain, and manufactured for the express purpose of containing cremated remains. Each niche may contain a maximum of three (3) urns and their cremated remains. The applicable Entombment Fee shall be charged by the City and be payable at the time entombment is made. No memorial inscription may be placed until niche and crypt space and all other charges are fully paid, notwithstanding section 10, including the applicable inscription and installation charges for the memorial. Such memorial shall be in the form approved by the City for the particular section. The fees for entombment, disentombment, use of crypts and niches, and any other fees shall be those set out in said Schedule "A". No alterations or embellishments of crypts or niches or areas in the cemetery shall be undertaken without written consent of the City. The City reserves and shall have the right to remove, alter or change such improvements, alterations or embellishments. No person may visit the Mausoleum except during the regular visiting hours from time to time in effect. Wherever in the Rules and Regulations of a cemetery such terms as interment/ inurnment, burial, lot, etc. appear, these terms shall be extended in meaning to include corresponding terms as are applicable to crypt or niche spaces. No person shall be permitted to burn incense or candles or other flammable products inside a mausoleum building at any time. (q) One (1) entombment only is permitted in each crypt in addition to one (1) cremated remains in an urn. Two (2) name bars only are permitted. MAUSOLEUM FLOWERS 56. In Hillside Mausoleum and Sage Valley Mausoleum, containers to hold fresh cut or artificial flowers must be permanently affixed to the faceplate of crypts and niches and may be used only if such container has been specifically manufactured for this purpose and is made of a bronze alloy meeting the specifications hereinafter described in Section 57.

19 BY-LAW NO PAGE 18 MAUSOLEUM MEMORIAL 57. (a) Memorial Inscriptions shall consist solely of given names and/or initials and surname together with years of birth and death to the following specifications: Crypt Nameplate To consist of surname and given name and/or initials plate not more than 69 cm (27") in length, cast in bronze alloy. Lettering to be 4 cm (1-5/8") in height and in a Times Roman font. Letters and numerals are to be hand chased and polished. The castings are to be true and free from defects and roughness, and the colour finish is to be secured by chemical means. Niches Nameplate To consist of separate surname and given names and/or initials plate no more than 28 cm (11") in length each, cast in bronze alloy. Surname lettering to be 1.9 cm (3/4") in height, and given name and initial lettering to be 1.3 cm (½") in height in Times Roman font. Letters and numerals are to be hand chased and polished. The castings are to be true and free from defects and roughness, and the colour finish is to be secured by chemical means. Memorial Wall Plate To consist of surname and given names and/or initials plate not more than 2.5 cm (1") high by 56 cm (22") in length, cast in bronze alloy. Letters and numerals are to be 1.9 cm (3/4") in height in a Times Roman font, and are to be hand chased and polished. The finish is to be bright nickel plated. Crypt Portraits Only pictures of the deceased are allowed to be affixed to the face of a crypt. The pictures must be covered and locked in a frame 5.7 cm (2 1/4") by 7 cm (2 3/4") cast in bronze alloy, manufactured specifically for this purpose. The approved picture frames may be installed provided the installation fee, as set out in said Schedule "A", is paid. The bronze alloy to be used for flower containers, nameplates, bars and picture frames shall have a composition of: Copper Percentage Variance Lead Percentage Variance Tin 5-6 Percentage Variance Zinc Percentage Variance (c) The City will not be responsible for any damage or loss to crypt portraits or their enclosures, except where it can be determined to be a result of maintenance operations.

20 BY-LAW NO PAGE 19 GENERAL 58. (a) Cut flowers, wreaths and floral offerings may be placed on graves, but may be removed by the Supervisor when their condition is considered by him to be detrimental to the aesthetics of the cemeteries or for the purpose of regular maintenance of the cemeteries. Artificial flowers and other tokens of remembrance composed of artificial foliage shall not be permitted in the cemeteries except between the first day of October in each year and the second Monday of April in the next following year. Cut flowers, wreaths and floral offerings will be removed from the gravesites and not returned, each Thursday and Friday for cemetery maintenance from the second Monday in April to October 1. It is recommended that cut flowers, wreaths and floral offerings not be placed on the gravesites on these days of each week during this period of time unless in the event of a funeral service. Items in good condition may be claimed at the maintenance building. The City will not be held responsible for the condition of live items or lost or stolen items. 59. No person shall plant any trees, shrubs, plants, flowers, bulbs or rocks in the cemeteries, other than an employee of the City authorized to do so. 60. No person shall enter a cemetery in a vehicle after dusk, or drive a vehicle in a cemetery at any time at a speed of more than 30 km/h (19 mph) and all vehicles and their drivers, while in a cemetery grounds, shall be subject to the directions and orders of the Supervisor. 61. No person shall solicit orders for markers, tablets, memorials, curbings, cappings, or like works within the limits of a cemetery other than cemetery staff. 62. All persons and funeral processions in a cemetery shall obey the reasonable instructions of the Supervisor, but any person not behaving with proper decorum within a cemetery, or disturbing the quiet and good order of a cemetery, may be evicted therefrom by the Supervisor. 63. Any person who wilfully destroys, mutilates, defaces, injures, or removes any tomb, monument, memorial, or other structure placed in a cemetery, or any fence railing or other work for the protection or ornament of a cemetery, or any tomb, monument, memorial, or other structure aforesaid, or lot within a cemetery, or wilfully destroys, cuts, breaks or injures any shrub or plant, or plays at any game or sport, or discharges firearms (except at an authorized military funeral), or who wilfully or unlawfully disturbs persons assembled for the purpose of burying a body therein, or who commits a nuisance, or at any time behaves in an indecent or unseemly manner, or deposits any rubbish or offensive matter or thing in a cemetery, or in any way violates any grave, tomb, tombstone, vault, memorial or other structure within the same, shall be guilty of an infraction of this by-law and liable to the penalties hereof. 64. The cemeteries shall be deemed open at 0800 hours (8:00 a.m.) every morning and closed every evening at dusk. Any person in a cemetery between dusk and 0800 hours (8:00 a.m.) without special permission of the Supervisor, Parks, Recreation, and Cultural Services Director or other person authorized by the City to grant such permission, shall be deemed guilty of an infraction of this by-law and liable to the penalties hereof.

21 BY-LAW NO PAGE Every person who commits an offence against this by-law is liable to a fine and penalty of not less than Fifty Dollars ($50.00) and not more than Two Thousand Dollars ($2,000.00) or to imprisonment for any period not exceeding six (6) months, or both, and shall be liable for costs of the prosecution. 66. Notwithstanding anything herein contained, the administration and operation of the cemeteries shall be carried out at all times in accordance with the said Cremation, Interment, and Funeral Services Act and Regulations made thereunder. 67. City of Kamloops Cemetery By-law No. 6-26, and attachments thereto is hereby repealed. ORIGINAL SIGNED BY M. G. ROTHENBURGER MAYOR ORIGINAL SIGNED BY L. W. HRYCAN CORPORATE OFFICER