St. Mary's Anglican Church, Walkerville

519-253-5221 

Cemetery by Laws

St. Mary's Churchyard Cemetery By-Laws As Approved July 7, 2009

In accordance with the authority granted to the St. Mary's Churchyard Committee (the "Committee") as defined in Schedule A, Section 14(g) of the Deed of Trust of St. Mary's Church, Walkerville, dated March 31, 1904 (the "Deed of Trust"), the Committee hereby establishes these by-laws to govern the operation of St. Mary's Churchyard.

Collectively, Sections 3 through 13 (inclusive) of Schedule A of the Deed of Trust and this document are the by-laws governing the operations of the St. Mary's Churchyard. These by-laws supersede and replace in their entirety any and all previously established by-laws and policies.



1. Graves within St. Mary's Churchyard are first and foremost for the burial of supporters of St. Mary's.

2. All current members of Vestry shall be deemed "Supporters", as defined in Schedule A, Section 12 of the Deed of Trust. The Committee may, at their discretion, deem past members of Vestry and/or members of their families to be Supporters, based on the totality of the individuals' life in the Church.

3. All burials must be approved by the Committee. Before an interment can take place, a burial or cremation permit issued by the Divisional Registrar or designate, showing the death has been registered, and the cemetery lot deed or certificate issued by St. Mary's must be presented to the Committee Secretary, In cases where the deed or certificate is not available the Committee shall make a reasonable effort to determine if lot ownership can be established through an examination of cemetery records.

4. Without the explicit written approval of the Committee, only the owner of the plot or lot is entitled to be interred in the plot or lot for which they own interment rights. In cases where owners wish to inter Supporters and/or members of their family in the plot or lot for which the owner possesses interment rights, the owner must submit a request in writing to the Committee specifically identifying the individuals to be interred, the type of grave requested (full-body or cremation) and the individuals' relationship to the owner. The Committee shall not unreasonably withhold approval of such requests, but shall consider the following when determining whether or not to grant approval:

a) The minimum space requirements for graves as defined in the Ontario Cemeteries Act

b) Grave location, spacing and dimension requirements as defined in these by laws

c) Whether or not the individual(s) to be interred are Supporters

d) The nature of the familial relationship between the interment rights owner and the individual(s) to be interred

e) Whether or not the plot or lot is currently occupied. In cases where the plot or lot is unoccupied the use of the plot or lot for burial of Supporters shall take precedence and approval to inter non-Supporters in unused plots or lots shall not be granted.

5. Any interment rights which are both unwanted and unused must be returned to the Committee. The Committee shall repurchase unwanted and unused interment rights in accordance with the Ontario Cemeteries Act. For the avoidance of doubt, "unused interment rights" are the rights relating to a plot or lot in which no remains have yet been interred.

6. Transfer of unused interment rights by either gift or bequest is prohibited, unless such transfer is to a Supporter of the Church.

7. In cases of requests to transfer interment rights by will or bequest when those rights are associated with a plot or lot that is already occupied, the Committee shall require the production of a notarial copy of the will or Certificate of Appointment of Estate Trustee or other evidence sufficient to prove ownership or authority to deal with the interment rights.

8. Any available plots or lots shall be offered for sale to Supporters on a first-come, first served basis. In recognition that demand for available lots exceeds supply, the Committee shall maintain a waiting list. The waiting list shall be administered in the following manner:

a) All requests to purchase lots must be submitted to the Committee in writing and shall be retained by the Committee. The Committee shall record on the request the date on which the request was received by the Committee in order to establish request precedence.

b) The request must specify the type(s) of grave requested, the quantity of each type requested, and any special conditions required by the requester. Conditions may include whether or not requested lots must be contiguous, must be a minimum size, or must be in a specific location.

c) The request must specify for whom the interment rights are intended. Requests for lots intended for the interment of non-Supporters shall not be accepted.

d) When any lot becomes available the interment rights shall be offered in writing to the Supporter at the top of the waiting list. The offer shall state that the requester has thirty (30) days to provide payment for the offered rights or the offer will be withdrawn.

e) If the requester does not provide payment for the interment rights offered within the specified time or declines to purchase the interment rights offered, the rights shall be offered to others on the list in the order in which the Committee received the requests.

f) A requester may decline offered interment rights for any reason without losing their position on the waiting list.

g) A requester who fails to purchase offered interment rights within the specified time frame shall not lose their position on the waiting list.

h) If a requester purchases one or more offered lots that only partially fulfills the request, the requester may maintain their position on the waiting list for the remaining lots until such time that the request is completely filled

i) Supporters may make more than one request.

j) Any request to add lots to an existing request shall be considered a new and separate request, and shall be placed on the waiting list in accordance with the date the additional request is received and not in accordance with the date of the original request.

k) Any request to be removed from the waiting list must be provided to the Committee in writing by the requestor. All such requests shall be retained by the Committee.

9. The stacking of full-body graves one on top of another is prohibited.

10. Subsequent to the creation of the Deed of Trust in 1904, cremation has become a common means of burial that was not contemplated by the original by-laws. The by-laws in this section apply exclusively to cremation graves and are in addition to and not instead of the remaining by-laws. Where the by-laws in this section are inconsistent with the Deed of Trust, such as restrictions on monuments and markers, these by-laws shall prevail.

a) The burial, scattering or other dispersion of cremation remains in other than an approved grave is prohibited.

b) The minimum surface dimensions for a cremation grave are 24 inches by 24 inches (61.0 cm by 61.0 cm).

c) Cremation remains may only be interred in either 1) an unoccupied cremation lot, or 2) an occupied full-body grave above the existing remains.

d) No more than three cremation interments may be placed above the existing remains in an occupied full-body lot even if all such cremation graves would meet the minimum surface dimension requirements.

e) In general, stacking cremation graves one on top of another is prohibited. Individual cases of special family need, the Committee may approve stacked cremation graves if and only if such approval is requested by the Rector. The Committee is not required to approve such requests.

f) Markers on cremation graves must be flat and flush with the ground. Surface area dimensions for markers must be 18 inches by 10 inches (45.7 cm by 25.4 cm). Use of a single marker to span two or more adjacent cremation graves is prohibited.

g) Markers on cremation graves must be composed of White Valley Stone.

h) Other than a single marker, cremation graves shall not display any urn, monument, statue or any other object or structure. For the avoidance of doubt, this by-law is not intended to prohibit displays of cut flowers, wreaths or other temporary memorials that would otherwise be permitted.  

Cemetery By-Laws from Schedule "A", Sections 3 through 14 (inclusive) from the Deed of Trust of St. Mary's Church, Walkerville, dated the thirty-first day of March, 1904 and as modified by the Committee on February 21, 2007 to amend Section 13 to allow Committee members to be elected by Vestry, and as modified by the Committee on July 9, 2009 to amend Sections 4 and 13 to comply with the request of the Registrar. In the case of any conflict between the original Deed of Trust and this document (Sections 4, 13 and 14 excepted) the original Deed of Trust shall prevail. 

3. The central block (20 feet by 20 feet) in the said church yard inclosed by the walk or space bounded by Lots numbers 5, 6, 7, 8, 9, 10, 11, and 12 shewn upon this Plan annexed to the said Deed of Trust shall be reserved for a burial site for the use of the Donors and their heirs jointly and severally, and they shall be deemed to be the owners thereof within the meaning of these conditions:

4. There shall be a managing committee who shall have the exclusive care, control and management of the said churchyard with power to sell lots and graves therein as hereinafter mentioned and from time to time to fix the prices:

5. The lots in the said churchyard shewn and numbered from 1 to 38 both inclusive; from 40 to 44 both inclusive; 46, 47, 48; inclusive; from 50 to 55 both inclusive; 57, 58, 60, 62, 64; from 66 to 90 both inclusive; 92, 93; and from 95 to 116 both inclusive, upon the said plan, may be sold to supporters of the said church as burial sites, and shall thereafter be indivisible, but may be held or owned in undivided shares:

6. Single graves in the lots in the said churchyard shewn and numbered 39, 45, 49, 61,91 and. 94, upon the said plan, may be sold for burial sites to such supporters of the said church as do not require or may be unable to purchase whole lots:

7. The lots in the said churchyard shewn and numbered 56, 59, 63 and 65, upon the said plan, shall be for free graves for the use of such supporters of the said church from time to time as may be unable to purchase same, so that none may be deprived of the privilege of burying their dead in said churchyard:

8. The proceeds of the sales of Lots and graves in the said churchyard shall forthwith be paid to the Synod, and to the extent of One Thousand Dollars ($1,000.) the same shall constitute a FREE GRAVE ENDOWMENT FUND, the income arising from which shall be payable to the Committee for the purpose of providing (including digging) graves for poor parishioners of the said church, and tombstones for such graves, and for caring for free graves in the said churchyard;

9. The proceeds of the sale of lots and graves in the said churchyard in excess of the said sum of One Thousand Dollars shall be added to and form part of the said Church Endowment:

10. A proper record of all sales of lots and graves, and of all burials therein and removals therefrom, shall be made by the Committee, and a duplicate of said plan and a suitable book shall be kept for that purpose with the records of the vestry in the said church:

11. Every transfer of title in any lot or grave shall be made subject to these conditions, and a record of the same shall be made in the said book, and no Lot or interest therein, or grave, shall be sold or transferred by the purchaser or by any subsequent holder thereof except to a supporter of said church:

12. The Committee may in their discretion from time to time grant or refuse any application for a free grave, and from time to time decide any question as to who is or is not a supporter of the said church within the meaning of these conditions:

13. The Committee shall consist of five persons (of whom three shall form a quorum), namely, The Rector and churchwardens for the time being from time to time of the said church, and two persons to be elected annually at the vestry meeting of the said church in each year. The two elected members must also be Lot owners in said Churchyard:

(a) The book of record mentioned in section 10 of these conditions shall be conclusive evidence of the status of any person as a Lot owner:

(b) The election shall be by open vote or as may otherwise be determined by the vestry chairperson, and the result shall thereupon be declared by the Vestry chairperson:

(c) In case of a tie in any such election the Rector and the two churchwardens shall determine the winner by a majority vote, with such vote taking place not later than one week after the vestry meeting:

(d) An elected member of the Committee shall be eligible for re-election, and shall continue in office until his successor is duly elected:

(e) In the event of a vacancy in the elected membership of the Committee, and so often as the same shall happen, the remaining members of the Committee may nominate and appoint any person to fill such vacancy until the next annual election of members of the Committee:

14. The following rules and regulations shall at all times be observed and enforced by the Committee in the care and management of the churchyard, --

(a) They shall not permit nor shall there be used, erected or made in said churchyard:

1) Any fence, hedge, coping or enclosure of any kind about any Lot or grave, but Lot markers and bounds may be put in with the approval and subject to the direction of the Committee:

2) Any step, paved or graveled walk, in or to any Lot: 3) Any change of grade in any Lot, or any mound upon or footstone to any grave:

4) Any wooden grave mark or other object of wood, or any metallic um, monument, statue, grave mark or other object of metal, except bronze statuary;

5) More than one monument or statue on any portion of any Lot less than fifty superficial feet in area:

(b) They may permit any Lot owner to erect upon his lot any proper monument, statue, stone or sepulchural structure; but -

..1) No such monument, statue, stone or structure shall be erected until a design, plan and specification thereof shall have been approved by the Committee, nor until the inscription or inscriptions thereon, if any, shall have been approved by the Rector also:

2) No such monument, statue, stone or structure shall exceed eight feet in height above the ground, but this clause shall not apply to the said block reserved to the Donors:

3) Headstones shall be of moderate size, and no headstone shall exceed

two feet in height above the ground unless based on a base of cut stone raised upon a slab foundation of masonry:

4) Bronze statuary shall be erected upon stone pedestals;

5) No slab shall be set on any grave in any other than horizontal position:

6) No vault shall be built entirely or partly above the ground without the permission of the Committee first had and obtained:

7) All monuments and parts of vaults above ground shall be of marble, granite or other cut stone: (c) All excavations, the planting of trees, shrubs and flowers and other work in the churchyard shall be made or done, and all foundations for monuments, statuary, stones and other sepulchural structures shall be prepared and built, under and subject to the exclusive control, direction and approval of the Committee, and (except in the case of every free grave) at the expense of the person desiring the same:

(d) Cut flowers and funeral decorations shall not be allowed to remain on any Lot or grave beyond a reasonable time: (e) The Committee shall have the right and it shall be their duty to remove from the churchyard any trees, shrubs or plants or parts thereof, which they may consider unsightly, inconvenient, detrimental or injurious to the churchyard, or inconsistent with its character or surroundings:

(f) It shall be the duty of the Committee to provide for the cutting of grass on the Lots, and graves of private owners as well as for the general maintenance of the grounds of the said cemetery out of the income provided for that purpose from the interest derived from the Care and Maintenance Fund and any other income provided by the Church for that purpose for the upkeep of monuments, statues, structures, lots (graves) in the cemetery:

(g) The Committee shall have power from time to time to make, repeal or re-enact rules and regulations not inconsistent with the foregoing for the good management and order of the churchyard generally and the conduct of burials therein.