By Laws – Sale and Transfer of Interment Rights

2.0 SALE AND TRANSFER OF INTERMENT RIGHTS

2.1 Ownership of Interment Rights: Ownership of all cemetery lands remains vested with the St. Thomas Cemetery Company at all times. Purchasers of Interment Rights acquire only the right and privilege to direct the Burial of human remains and the installation of Monuments, Markers and inscriptions, subject to Cemetery By-laws. Until payment is made in full no Burial, Entombment, Monument, Marker, inscription, or memorialization is permitted. An Interment Rights Certificate is issued to the Interment Rights Holder(s) when payment in full is made.

2.2 Re-sale of Interment Rights: The Cemetery reserves the sole and exclusive right to sell Interment Rights within its cemeteries. Interment Rights Holder(s) who wish to sell any unused Grave, Lot, Columbarium Niche, or Mausoleum Crypt must transfer their interest to the Cemetery. Under no circumstances may an Interment Rights Holder(s) sub-divide or resell any or all portions of a Grave, Lot, Columbarium Niche, or Mausoleum Crypt privately.
Should Interment Rights Holder(s) wish to sell back their Grave, Lot, Columbarium Niche, or Mausoleum Crypt within 30 days after purchasing the Interment Right from the Cemetery they shall be entitled to a full refund of all monies paid for the Interment Right. Should an Interment Rights Holder(s) wish to sell any unused Grave, Lot, Columbarium Niche, or Mausoleum Crypt to the Cemetery after the expiration of the 30 day period, they shall be entitled to the amount paid for the Interment Right less the portion of the purchase price contributed to the irrevocable Care and Maintenance Fund. The Cemetery is not obligated to repurchase any unused portion of a Lot, Columbarium Niche, or Mausoleum Crypt.

2.3 Transfer of Interment Rights: Interment Rights Holder(s) may transfer Interment Rights directly to another person provided there is no payment to the registered Interment Rights Holder for the transfer. The transfer must be completed using prescribed forms and registered with the Cemetery in order for the transfer to take effect. A fee will be charged by the Cemetery for administration and registration of the transfer of Interment Rights.
In a case where a lot has not been specifically named in the Interment Right Holder’s ‘ will the Cemetery Board will recognize the persons receiving the residue of the Interment Right holders estate as the party now entitled to be the new Interment Rights Holder of Interment Rights(a copy of the will and probate must be forwarded to the Cemetery Office). Where a signed agreement has been executed by the immediate heirs appointing an individual as the new Interment Rights Holder, the Board will honor this agreement. A copy of the agreement and all necessary information should be forwarded to the Cemetery Office; Plot holders are requested to bequeath cemetery plots to avoid confusion of ownership.

2.4 Care and Maintenance Fund: As a requirement under provincial legislation, a portion of the purchase price of all Interment Rights, and prescribed amount for Monuments and Markers is contributed into an irrevocable fund – Care and Maintenance Fund. Income is used to provide general care and maintenance of the Cemetery.

2.5 Arrears: Transfers of Interment Rights may be made only after the Interment Rights have been paid in full and any arrears associated with them are paid in full.

2.6 Pre Care and Maintenance(prior to 1955): Where the lot is not under Care and Maintenance, the Cemetery provides the general care of the lot at the expense of the lot holder at a rate set forth in the tariff of rates in accordance with Section 44(2) of the Cemeteries Act. Arrangements can be made for Care and Maintenance. Where no interments have been made in a Lot, without perpetual care, for more than twenty years or the lot holder has defaulted for more than five years in the payment of the annual maintenance charges set forth in the tariff of rates, the Board may proceed to repossess the unused portion of the plots as set out in the Cemeteries Act.

2.7 Future Purchases: Plots on hold for future purchase will be held only for a period of one year (365 days) (unless a written extension has been authorized by the Cemetery Office) and plots purchased under a time payment plan must be paid for within nine months of the first payment unless previous arrangements are authorized by the Cemetery Office.