BY-LAWS

THE ELMWOOD CEMETERY  COMPANY  GENERAL INFORMATION

The Elmwood Cemetery Company was incorporated in 1856 under the name of the MONCTON RURAL CEMETERY COMPANY. In 1899, an addition to the act was added authorizing the Company to contract for Perpetual Care of any lot, monument; structure or improvement placed on any lot. In 1907 an amendment to the Act was passed changing the name from the MONCTON RURAL CEMETERY COMPANY to THE ELMWOOD CEMETERY COMPANY. In 1952 the Act of Incorporation was further amended and revised to meet the changing conditions of the times.

The Cemetery is operated solely for the benefit of the public. No profits have ever been or can be distributed so that all money received has to be used solely for the benefit and administration of the Cemetery or in meeting the needs of the City and vicinity for further burial space as the population increases.

The Cemetery is carried under the Perpetual Care Plan and all lots now sold are covered by the plan. Owners of lots acquired prior to the introduction of the Perpetual Care Plan (est.1932) may have them placed under the system of payment of a reasonable sum.

The Perpetual Care Plan covers general maintenance of burial lots such as mowing and trimming of grass; keeping the surface of the lot fairly level. The Plan does not cover repairs or cleaning of any monuments.

The following rules are framed as the result of more than a century and a half of experience in cemetery management. Their sole purpose is to protect and beautify the Cemetery to ensure its reverent care at all times. It is with the utmost confidence that the Board of Directors appeal to the lot owners and the public to assist in realizing these objectives. These rules must apply to all lot owners, including all Directors.

All notices required by any rule or regulation are to be given to lot owners.

They may be given personally to the owner or mailed to such owner or his/her legal representative at his/her last known address.

Revised and Accepted AGM May 2019

These Bylaws may be amended only at an Annual General Meeting or a special meeting called for that specific purpose. Notice of such meeting must be given in the same manner as an Annual Meeting.

ARTICLE 1 — ELIGIBILITY TO BE A MEMBER OF ELMWOOD CEMETERY COMPANY

1.01 Person(s) who have purchased a place of burial at The Elmwood Cemetery Company shall be referred to as a Lot Owner(s).

ARTICLE 2 — ANNUAL MEETING

2.01 Notice of each Annual General Meeting shall be published by the secretary at least two times during the week immediately preceding the meeting in a local newspaper published daily in the city of Moncton, also the Elmwood Cemetery website and/or other media may be used, but only in conjunction with the local newspaper.

2.02 Meeting to be held in the City of Moncton, stating date, place and time.

2.03 Robert’s Rule of Order shall be the governing procedure for all meetings.

2.04 All owners of a burial lot or niche, a member of their immediate family or a person with “power of attorney” shall be entitled to one vote. The proxy vote shall be allowed with the signature of the proxy giver on all questions presented.

2.05 Votes are by ballot and are to be counted by scrutinizers appointed at the AGM.

ARTICLE 3 — NOMINATIONS

3.01 Any person or person identified in article 2.04 nominated for Director of Elmwood Cemetery must represent a fully paid place of burial.

3.02 A Nominating Committee of three shall be appointed by the Directors, of which at least one will be a current Director. The Committee Chairperson must be a Director.

3.03 The Nominating Committee shall appoint a slate of nominees after which the Nominating Chair shall call for nominations three times from the floor.

ARTICLE 4 — BOARD OF DIRECTORS

4.01 The Board shall consist of eight Directors, with the power to increase the number by one, two, or three.

4.02 Directors will exercise powers and authorities for regulating the affairs and managing of said Company, within the confines of the By-laws.

4.03 There must be a quorum of five Directors to conduct business at all monthly meetings.

4.04 The Directors shall meet at the discretion of the Board or at the call of the President with a minimum of seven.

4.05 Special Meetings shall be called for by the President at any time when required, or requested by a minimum of three Directors.

4.06 Any resignations from the Board shall be in writing to the secretary of the Board.

4.07 Any vacancy by notice “to” or “from” the Board resulting in failure to meet the requirement of article 4.01 shall be filled by the Board.

4.08 If a Board member fails to attend four consecutive meetings without satisfactory cause to the other members, his or her position will be declared vacant.

4.09 Following the ANNUAL GENERAL MEETING and before the next scheduled meeting, the elected Directors shall meet to elect a President, Vice President, Secretary, & Treasurer.

4.10 These positions shall be for a term of one year.

ARTICLE 5 — PRESIDENT

5.01 The President shall preside at all meetings of the Company and of the Directors.

5.02 The President shall fix the time and place of special meetings of the Company and of the Directors. In the absence of the President, or in the event of his or her inability to act, his/her place shall be taken by the Vice President.

5.03 The President shall be responsible for the overall management of the Company.

ARTICLE 6 — Secretary and Treasurer

6.01 The offices of Secretary and Treasurer may be held by the same person.

6.02 SECRETARY – It shall be the duty of the Secretary to attend all meetings of the

Company and Directors, and to keep minutes of such meetings.

6.03 TREASURER – This position will be held by the Finance Committee chair. It shall be his/her duty to:

1.  Convene all meetings of the Finance Committee
2.  Oversee the financial concerns of the Company as to all monies, securities, investments, and all other properties belonging to the Company. Report financial updates on a twice-a-year basis unless otherwise needed.
3. Ensure accuracy and show the general and perpetual care accounts separately.
4. Ensure accounts will be balanced annually
5. Present to the AGM a report describing the work for the year ending December 31st

ARTICLE 7 – COMMITTEES

7.01 There shall be two standing committees, each to consist of three or more Directors and to be appointed by the President, namely the Finance and Lot Committees. Other temporary committees may be appointed by the President, on motion authorizing him to do so. Each committee must have a chairperson.

7.02 At each meeting of the Directors, the committees shall create a report showing all matters that have received their attention since the last meeting.

ARTICLE 8 — FINANCE COMMITTEE

8.01 It shall be the duty of the Finance Committee to:

1. Review the investments of the Company at least twice annually, with an investment advisor and make recommendations to the Board if changes are deemed necessary
2. Present the financial position of the Company to the Board of Directors at the scheduled meeting
3. Review accounts of the Company at least once a year and give a ruling on delinquent accounts.
4. Recommend an accredited financial source for the purpose of preparing a financial statement for the year ending December 31st and to ensure that said financial statement is made available to the Committee/Board for review at least fourteen days before the AGM

8.02 The committee has the authority to recommend an external audit if deemed necessary.

 

ARTICLE 9 — LOT COMMITTEE

9.01 The Lot Committee shall:

1. Ensure the superintendent and the staff under his/her supervision which includes office staff are performing their duties in an acceptable manner.
2. Ensure the overall care of the grounds, roads, paths, fences, trees, and shrubs, and all equipment are met.
3. Make specific recommendations to the Board of Directors of any change that may be deemed necessary in the performance of the above duties.

9.02 On or before the first meeting in March of each year, the Superintendent will supply the Lot Committee with an inventory of all mechanical, manual and electronic equipment of the Company together with any recommendations of requirements and review before spring opening.

 

 

ARTICLE 10 — LOT OWNERS and LOTS

10.01 All present holders of lots within the premises owned or controlled by the Company, and all subsequent grantees of lots therein, shall be held subject to the following limitations:

1. 1. Said lots or Niches shall not be used for any other purpose than as a place of burial
   2. Subject to the approval of the Board of Directors or the Lot Committee, and the by-laws and regulations of the Company:
2. 1. 1. Owners of lots may erect and place suitable monuments with approved inscriptions upon such lot(s).
      2. Owners may also, subject to the same limitations, place upon such lots; plants or flowers, those being annual flowers or plants and cut flowers.
      3. No perennials are allowed.
3. Except as hereinafter in this paragraph specified, no work of any kind shall be performed in the Cemetery, on any lots by other than the authorized employees of the Company or by persons contracted by the Company, for the erection, maintenance and repair of monuments. All work permitted by this paragraph must be subject to the direction, supervision and control of the superintendent.
4. Lot owners may not place upon any lot, any ironwork or wirework, nor any form of fence, coping, edging, hedge, or other enclosure. No mounds shall be permitted over or upon any grave or graves within the Cemetery.
5. When any lots that were sold before the legislation of the Special Care Act, which is not under perpetual care, the Board of Directors may; subject to confirmation of lot size and confirmation of refusal to pay outstanding perpetual care by listed owners(s) or claimants to ownership the company reserves the right to sell said lot.

ARTICLE 11 — SALE AND TRANSFER OF LOTS AND/OR COLUMBARIUM NICHES

11.01 Burial facilities shall be sold at such prices as determined by the Board of Directors.

All places of burial must be paid in full before an internment is permitted. No monument shall be erected or columbarium inscribed until the purchase is paid in full.

Deeds will be issued to all lot or niche purchasers.  A copy will be saved in the Deeds Book.

11.02 Thirty-three and a third percent of sales of burial lots and twenty percent of niche columbarium sales go to the Perpetual Care Fund.

11.02 To ensure the accuracy of records of ownership and interment, no sale or transfer of any lot or of any interest therein shall be binding by the Board of Directors until notice has been given in writing to the Secretary or designate, specifying the name and address of the proposed transferee, and such particulars shall be recorded in a register.

11.03 No such sale or transfer shall be made until accounts have been paid in full. A fee for transfers will be charged at the present rate to cover administration.

1. When the owner of a cemetery lot dies, the lot may pass to new owners:

1. But before the new owner may possess it, the cemetery requires proof of their right to do so. This proof, in ordinary cases, may consist of either:
2. A Will, by depositing a copy of the Probated Will to the Board of Directors or in the absence of Probate a certified copy of the Will.
3. If there is no Will, depositing with the Board of Directors a certified or notarized copy of the letters of administration.
4. Where estates are small and no letters of Probate or administration are available, the Directors may, at their discretion, request the names and contact information of all the heirs-at-law and next of kin.
5. The Declaration (with necessary changes) must be on a completed Transfer Form that is available from the cemetery office.

ARTICLE 12 — GRAVES

12.01 The Directors may set apart within the Cemetery, a plot, tract or section to be known as the single grave section of a size and location considered suitable for single interments.

1. Upright monuments or flat markers shall be permitted on any single lot within the cemetery as per the regulations of the cemetery. Flat markers will be permitted but must be within the allowable size that is permitted, as per regulations of the Cemetery.

12.02 URN BURIALS

1. Urn burials alongside a monument on a double lot:

• • 1. 1. 1. 1. One urn is allowed on each side of the monument and three urns on top of each casket in a double casket lot only.
             2. On any double casket lot, three urns may be substituted for each casket burial, but the total sum must not be more than eight interments per double casket lot, which includes one on each side of the monument.
          • b) Urn burials in a single casket lot:

1. 1. One casket and/or three urns in a single casket lot is permitted.
   2. No urn burial is permitted on each side of the monument as there is not sufficient room.
2. 1. 1. 1.  

ARTICLE 13 — MONUMENTS

13.01 All monuments, monumental work, and headstones must rest upon cement foundations, erected or supplied by the Company or approved designate. Depending on the monument’s size and weight, a foundation suitable to support the monument may be required.

ARTICLE 14 — MONUMENT WORK

14.01 No more than one monument shall be erected on a double lot and in only sections where monuments are allowed.

14.02 One marker with a flat and level surface with the ground may be placed at each grave in addition to the monument. The marker must be placed at the foot of the grave farthest from the monument.

14.03 Cairns and boulder monuments require an appropriate setting and are only approved by the Board of Directors under such conditions as set by the Board of Directors.

14.04 Statuary will only be permitted by the Board of Directors under exceptional circumstances and only in lots the size and location of which are considered by them suitable and when they are assured that the sculpture will be of artistic merit.

14.05 All foundations for vaults built above ground, where no architect is employed, shall be constructed under the direction of the Board of Directors at the owner’s expense.

When an architect is employed, he shall oversee and be responsible for the whole structure, but complete working plans and specifications must be first submitted to the

Board. The site, design, material, and construction of the proposed structure must receive their approval.

14.06 When any monument, gravestone, or memorial of any kind is to be removed or any cleaning done permission must be obtained from the Superintendent. Application for such permission must be in writing by the owner of the lot, with a description of the work proposed.

ARTICLE 15 — REGULATIONS

15.01 The Cemetery gates shall be open from May 1st to November 1st each year, weather permitting.

15.02 Any injury, personal or otherwise while on Cemetery property IS NOT the responsibility of the Elmwood Cemetery Company.

ARTICLE 16 — PROHIBITIONS

16.01 All persons are forbidden while within the Cemetery grounds:

• • 1. 1. 1. 1. 1. To disturb the quiet and good order of the Cemetery by undue noise or improper conduct.
                2. To gather flowers or to damage any growing plant, shrub or tree.
                3. To have a dog running loose; all dogs must be leashed. Anyone not picking up droppings (feces) from their dog, will be banned from the Cemetery.
                4. Any infraction to the aforementioned may result in instant dismissal from the grounds and further action will be taken if necessary.

ARTICLE 17 — RATES

17.01 Information regarding the price of Lots and or Columbarium Niches, Transfers, opening/closing of graves and Niches, foundations, repairs or replacement of foundations will be available from the Superintendent or office staff.

ARTICLE 18 — UNPAID BILLS

18.01 All accounts over 30 days due will be subject to interest to be set and reviewed by the Board of Directors.

ARTICLE-19 – CONTRACTORS

19.01 All contractors must carry proper liability insurance.

19.02 Contractors having work to perform in the cemetery, must make known their business in detail to the Superintendent, and obtain proper permits before work is to begin.

19.03 Ropes or supports must not be fastened to monuments.

19.04 Ropes fastened to trees must first have permission from the Superintendent and must have padding around trees to protect them.

19.05 To protect pathways and lots from damage, planks or some other form of protection must be used to protect them from heavy machinery.

19.06 Material for the building of vaults or foundations or the erecting of monuments, shall not be deposited in the Cemetery until required for immediate use and only during business hours. No material under any circumstances shall be placed on the property of any adjoining lot owner.

19.07 Work, when commenced must be finished without any unnecessary delay.

19.08 All rubbish must be removed daily.

19.09 No monument shall be delivered to the Cemetery until the foundation is completed and the contractor is ready to proceed with the work of erecting the monument.

19.10 All contractors, builders, and employees are subject to the control of the Superintendent while within the Cemetery and must conform to their directions; on

neglect or refusal they may be prohibited from working on the grounds.

19.11 Work must be suspended in the immediate vicinity of an internment until the conclusion of service.

ARTICLE 20 — GENERAL REGULATIONS

20.01 In order to preserve the proper appearance of the Cemetery grounds, Christmas wreaths must be removed before April 15th of each year; otherwise, Cemetery staff will remove them.

20.02 To ensure neatness and to preserve the beauty of the Cemetery, the Superintendent shall have supervision of wreaths, flowers and other movable mementos and objects placed upon graves and lots, when it is in his or her opinion to remove said items then they shall do so.

20.03 Rubbish shall not be thrown out on roads, walkways or on any part of the grounds.

ARTICLE 21– INTERMENT

21.01 Where orders for interment are given by phone, the Board of Directors or employees of the Cemetery shall not be responsible for any errors or misunderstandings that may arise. For this reason, we encourage emails.

21.02 Notice of each interment shall be given to the Cemetery Office at least 16 business hours beforehand.

21.03 Bodies of any of the lower animals shall not be placed in any vault, grave or any other places of burial.

ARTICLE 22 — VAULT REGULATIONS

22.01 The Cemetery office must have 48 hours’ notice when a body is to be deposited in the Receiving Vault. A fee will be charged at the present rate set by the Board of Directors.

22.02 All bodies must be removed from the Vault by the fifteenth of June of each year.

22.03 No body may be deposited in the Vault from May 1st to November 1st.

22.04 The Board of Directors may remove a body deposited in the Vault and inter it in a single grave:

• • 1. 1. 1. 1. 1. a) at any time after payment has been made.
                2. b) at any time should the condition of the body render its interment necessary.

ARTICLE 23 — CLUBS, SOCIETIES, AND ASSEMBLIES

23.01 Fraternal societies and all other large bodies of assemblies of persons will not be permitted to enter the Cemetery grounds except at funerals and by appointment.

ARTICLE 24 — FINANCIAL

24.01 Subject to the approval of the Board of Directors the Cemetery may lease or borrow from a financial institution.