These By-Laws, dated July 1, 2012, supersede previous By-Laws governing St. John’s Cemetery.

BY-LAWS St. John’s Anglican Church CEMETERY MAIN STREET, ST. CATHARINES, ONTARIO

1. SALE AND TRANSFER OF LOTS:

Definition – For the purpose of these By-Laws a lot is a single grave space. Burial Limits per Lot – One full burial (casket) plus three cremations are allowed per lot. If there is no full burial, four cremations may be interred. Price of Lots – Interment Rights to lots shall be sold at prices set by the Board of Trustees. The Board, at its discretion, may set two separate prices for lots. One for Qualifying Members of St. John’s Church and the other for non-qualifying, or General sales. Lots for General Sales shall be located in the sections of the Cemetery so designated. Only Qualifying Members, and those of their immediate family, may be interred in the rows so designated. Allocation of Lots – All future lots will be sold by a systematic row procedure. There will be no personalized lot selection. Contract – All purchasers of Interment Rights will receive a receipt, a Deed, describing the location of the lot and a copy of the current By-Laws. Interments, the installation of markers and monuments, service charges, decorations, and plant materials are subject to these By-Laws and all subsequent amendments. Resale of Lots/Interment Rights – Holders may sell Deeds/Interment Rights subject to the following: (a) The Board of Trustees shall be given first offer to purchase and (b) The purchaser shall be bound by the conditions of the original sale. Price for all Resales must be that currently in force. When the buyer is St. John’s Cemetery the seller shall receive the current price for the type of lot, MINUS the Perpetual Care fee paid. Should the Cemetery decline, the lot may be sold to an individual qualified for that lot, as defined in these By-Laws, for the current price without deductions. For all Resales of Lots/Rights the original deed must be surrendered and the transfer take place in the presence of both parties and a Board Member, to assure compliance with these By-Laws. Replacement deeds shall be issued as required for a fee set by the Board. Limits of Rights – The Interment Rights cover those named on the original purchase and members of their immediate family/ies only. There is no automatic transfer of these Rights by death. Perpetual Care – Lots, Monuments and Markers are all subject to tariffs for Perpetual Care set by the Province which may vary from time to time. The tariff for lots is covered in the Sales Price. For Monuments and Markers the tariff must be fully paid before installation.

2. INTERMENTS:

Notice of each interment to be made shall be given to the Board of Trustees at least 48 hours prior to the date planned, except under special circumstances. Interments may be permitted on Sundays at the approval of the Board. Written Requests – must be submitted to the Board for permission to inter any person who is not an Interment Rights holder, or member of the immediate family thereof. Vaults – The use of concrete vaults is mandatory for all full (casket) burials. Charges Incurred – The person ordering any grave shall be responsible for all charges related. Openings and closings of graves may be performed only by a contractor selected by the Board of Trustees. The Board shall assess Marking Fees as appropriate. Disinterments – All disinterments shall be done in accordance with the Cemeteries Act.

3. MONUMENTS AND MARKERS:

Definition: a) For the purpose of these By-Laws a marker shall be understood to be any permanent memorial structure. b) For the purpose of these By-Laws a monument shall be any marker that is not flush with the ground. Installations – Markers and Monuments may only be installed after approval has been received from the Board of Trustees, and all appropriate charges paid. Location – The location of all markers and monuments must be as directed by the Board of Trustees. Single Width Graves – Only one flat marker flush with the ground, or one monument no wider than 36 inches, apron included, is permitted in single width graves. Graves Wider Than a Single Lot – A single marker or monument no wider than 60 inches, apron included, is allowed on graves wider than a single width. Foundations – A foundation in concrete is required for all markers and monuments. Flat Markers – Flat markers/monuments must be at least four inches thick, and have a concrete apron around the marker at least four inches thick, with a foundation no less than 18 inches deep. Monuments/Markers – A foundation base appropriate to the size of the monument, and not less than 4 feet deep, shall be provided. Dimensions for Monuments and Markers – All monuments and markers shall conform with the following limits: Up to 32 inches height – at least six inches thick Between 32 and 40 inches height – at least 7 inches thick Between 40 and 55 inches in height – at least 8 inches thick. For any monument higher than 55 inches, plans must be submitted to the Trustees for prior approval. Any monument may be denied approval, for practical reasons. Type of Material – All markers or monuments must be constructed solely of natural stone or bronze. Inscription – No inscription shall be placed on any marker which is not considered to be in keeping with the dignity and decorum of the Cemetery.

4. FLOWERS:

Off the Ground – All flowers must be potted and placed in a stand of which the design has prior approval Fresh Flowers and Smaller Pots – Fresh flowers and smaller pots may be placed on a grave. However, the Cemetery assumes no responsibility and will remove these and the containers should they become unsightly. Trees and Shrubs – Trees and shrubs and decorations in the Cemetery must meet the approval of the Trustees. The Cemetery reserves the right to remove any that do not, due to type or shape, and prune any that grow too large.

5. GENERAL:

Animals Prohibited – No animals shall be permitted in the Cemetery. Chairs, Trellis, Etc. Prohibited – No chair or bench, wooden or wire trellis, arch or iron rods or similar articles shall be brought to or left upon the lots. Winter Wreaths – These are permitted on lots between November 1 and April 15. Any not removed bv April 15 may be removed and discarded. Trustees Not Responsible for Portable Articles – The Trustees will not be responsible for loss of or damage to any portable article left in the Cemetery. Removal – The Cemetery reserves the right to remove any markers found to be in contravention of these regulations. Children – Children under the age of 12 years are not permitted on the grounds except in charge of an adult, who shall be held responsible for good conduct. * * * *