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Best Practice Booklet



The content of this booklet is intended for information and guideline purposes only.

TABLE OF CONTENTS                                                                                                     PAGE

  1. SIZE OF LOTS  ……………………………………………………………………….…….…                                                            3                    

    • Traditional

    • Urns

  2. SAMPLE LOT PRICE RANGES /OPENING & CLOSING COSTS (city and rural)  ……….         3

    • Traditional

    • Urns (Number of urns per lot)

    • Transfer of lots

  3. DEPTH OF BURIAL (N.B. Cemetery Companies Act)  ……………………………….…….                           4

    • Traditional      

    • Urns

  4. MONUMENTS/MARKERS (types, sizes, locations)  …………………………………..……                            4

  5. PERPETUAL CARE  …………………………………………………………………………..                                                        4

  6. SAMPLE BY-LAWS (see Appendix C) ………………………………………………….……                                         4         

  7. RECORDS OF LOT HOLDERS AND INTERMENTS (see Appendix A,B)  ……                            5

  8. MAPPING  …………………………………………………………………………………….                                                                5

  9. INFORMATION FROM FUNERAL DIRECTORS  …………………………………………                                      5

  10.  INFORMATION FOR FUNERAL DIRECTORS AND PRE PLANNERS  …………………                     6

  11. LANDSCAPING AND BEAUTIFICATION  …………………………………………………                                          6

  12. COLUMBARIUMS  ……………………………………………………………………………                                                         6

  13. PROMOTING SALE OF LOTS  ……………………………………………………………….                                                6

  14. PRE-PAID SERVICES  …………………………………………………………………………                                                      6

  15. UNAUTHORIZED URN BURIALS  …………………………………………………………..                                             7


    1. SAMPLE DEED  …………………………………………………………………………                                                          7

    2. SAMPLE RECORD KEEPING FORMS (types of forms) ………………………………                          8

    3. SAMPLE BY-LAWS  …………………………………………………………………….                                                       9

  17. SOURCES OF INFORMATION  ………………………………………………………………                                              26

  18. CONTACT INFORMATION  ……………………….………………………………………...                                                 26


 1) SIZE OF LOTS      (In compliance with N.B. Cemetery Companies Act)                                                             

  • Traditional   9.5’ x 40” (Will accommodate 30” base for monument, and flat markers for additional cremation burials)

    (Wooden Liner, Rough Box, Shell) 90½” L x 33”W x 24¾” H

  • Urns    2.5’ x 2.5’ (Flat Markers Only)

  • Double Cremation Lots          Special Section 5’ x 3’ (24” base for 20 x 24 monument 

    (In some cases there are older lots too short for traditional size, okay  for double cremation – monument varies by size


  • Traditional             City - $1,550 (1 Trad. + 2 Crem. or 3 Crem. per lot)

                                       Rural – Single $350 (1T+2 Urns or 4 Urns), Dbl $650, Tp $800 

  • Urns (Number of urns per lot)

                                    Urn Garden $525 (Single Crem.)

                                     Double $1,050 (2 Crem.) 


Traditional                   City - $825 (+ Wooden Liner $260) Mon. – Fri.

                                        Rural – Average range - $325-$550 

Cremation                    City - $475 Mon. - Fri. 

                                         Rural -Average range - $100-$400

3.   DEPTH OF BURIAL (In compliance with N.B. Cemetery Companies Act)

               Traditional      With wooden liner min 0.6 meter (2’)  of soil to cover box

                                            Without wooden liner min .09 meter (3’) of soil to cover box Some cemeteries use concrete or steel vaults as liners.

               Urns                      Suggested Min 2.5’ (if no traditional buried below)

4.   MONUMENTS / MARKERS (types, sizes, location)

Definition:  Typically there is a foundation; recommend the industrial patio blocks that are reinforced with rebar rods.  The base is normally 3” all around larger than the moment.  The monument is secured to the base.


Suggested:  Maximum 30” base per single lot, 60” base for double lot (In monument line).


Flat markers can be placed anywhere on a lot. They should be flush/level with the ground for mowing purposes. A compacted granular foundation is recommended.


Some Cemetery Companies include Perpetual Care with the sale of lots.  Each Cemetery Company may make by-laws with respect to the establishment and administration of the Perpetual Care Fund for the cemetery. Some cemetery companies strongly recommend careful investment of perpetual care funds for the stability of the cemetery in the long term. See Appendix C for by-laws respecting perpetual care.

6) BY-LAWS (see Appendix C)         

The Cemetery Companies Act of the Province of New Brunswick states that every Cemetery shall be incorporated under the Companies Act or the Business Corporations Act.  It is prudent for every Director and Board Member be protected with Directors and Officers Liability Insurance.  

A benefit of membership in the NB Cemeteries Association is the opportunity to purchase Directors and Officers Liabilities insurance at a Cooperative rate. 


Recommended topics for By-laws:

  • Definition of Board of Directors

  • Duties of Board of Directors

  • Powers of Directors/Meetings of Directors

  • Company Officers/Duties of Officers

  • Borrowing Powers

  • Company Seal

  • Shareholders (Lot Owner)

  • Meetings of Shareholders

  • Signing of Documents

  • Banking

  • Lot size limits

  • Rates to Purchase

  • Sale and transfer of interment lot

  • Memorial Monuments and Markers

  • Perpetual Care

  • Plantings in Cemetery

  • Rules for Interments (opening/closing)

  • Rules for visitors

  • Unauthorized urn burials

  • Disclaimers

    (Sample By-Laws are included in Appendix C)


We recommend a computerized record keeping system that can be supported in the long term future as well as an offsite backup.  Filing records with NB Archives is also recommended. 

Content of records should include:  Lot Holder, Next of Kin Contact, Lot location identification.  Information of deceased buried in lots – including name, birth date, death date, burial date, traditional or cremation burial, location of urn in lot. Microsoft Excel or Access Data Base are possible choices for record keeping. Students from local schools or other volunteers may assist with inputting data. Members of the NB Cemetery Association may also be available for set up.  



We recommend a computerized mapping system that can be supported in the long term future as well as an offsite backup. Filing maps with NB Archives is also recommended. Accurate mapping can be an asset in relation to contacting family members for maintenance of monuments. This mapping will support your computerized records.


The following information is required from Funeral Directors:  an Order of Interment for each burial; contact information for Executor or Next of Kin; signed proof by Owner of lot or Legal Representative.



It is suggested that cemetery companies provide local funeral directors with: lot price lists, opening/ closing costs, and allowed monument/marker sizes. It is always important to maintain good working relationships with funeral companies.


It is recommended that all beautification rules and regulations contained in a cemetery company's bylaws be attached to deeds at the time of lot purchases. Signage can also be used as reminders of the rules regarding flowers and decorations.  As an option Cemeteries may consider creating an Urn Garden.

With regard to landscaping, shrub/flower gardens and benches can be used to make your cemetery welcoming to the public.


Columbariums are a popular trend for various reasons. They can work well in cemeteries with limited space. They also offer an alternative for those not wishing to be buried in the ground. It is strongly recommended that prior to shopping, a cemetery company consult with others that have Columbariums to discuss features and benefits as well as possible pitfalls. Pre-selling of niches is an option to offset the initial set up costs.  Caution is recommended to ensure security of pre-paid funds. Revenue sources include sale of niche, opening/closing and lettering of doors.


Sale of lots can be promoted in newspapers, brochures, in partnership with funeral home companies and pre-planners as well as at annual meetings of shareholders or other public events. Another opportunity may occur when making personal contact with people requesting genealogy information

Some companies offer payment plans on lot purchases with a signed commitment, pre-authorized credit card or postdated cheques.  Others operate on a cash only basis depending on their financial and operational situations.


Some cemetery companies accommodate pre-need opening and closing so purchasers are able to pay ahead and save their families from future expense. They are able to lock in today's prices for the future. In this case the money needs to be invested and not spent until time of use. It is a liability of the cemetery company until the service is provided.

Your company may choose to partner with local funeral homes to provide pre-planning services.




Work in progress......The NB Cemeteries Act refers to this in some sections including sections 19 and 36.  **NOTE - we are looking for suggestions for this section. 




The City Cemetery Co.


KNOW ALL MEN BY THESE PRESENTS, that The City Cemetery Co. (the “Grantor”) in consideration of the sum of                 $_________ (_________________________) well and truly paid by “___________” (Grantee”) the receipt whereof is acknowledged, and subject to the terms and conditions herein set forth, doth hereby convey unto the said Grantees, their heirs and assigns a lot of land in The City Cemetery Co. in the City of Saint John, in the County of Saint John, and province of New Brunswick, bounded and described as and being shown on the plan _______________________ _________________________on file in the “Grantor’s” Office.

TO HAVE AND TO HOLD the said Lot, subject to the conditions and limitations herein contained unto the said Grantees, their heirs and assigns, FOREVER.


PROVIDED ALWAYS, that the said lot hereby conveyed is and shall be held by the said Grantees, their heirs and assigns, subject to the provision of the New Brunswick Cemetery Companies Act; also to all Rules, Regulations and By-Laws, now or hereafter to be made, passed or adopted by the Grantor, under or by virtue of its Act of Incorporation, or any subsequent Act in amendment thereof.


THE CONVEYANCE  of the lot hereby granted is subject always to the perpetual right of the Grantor to cross over the Lot hereby conveyed to open grave sites anywhere in the cemetery and the Grantor shall not be liable with respect to any damage thereby caused to any gravestone or grave maker located on the lot.


THIS CONVEYANCE is on condition that the Grantees will indemnify the Grantor from any and all claims made against the Grantor for any damage caused to any person or property of others by any gravestone or grave marker located on the Lot conveyed hereby and the Grantee signifies acceptance of this condition by payment to the Grantor of the consideration referred to above.  The consideration paid for the Lot hereby conveyed does not include the fees charged by the Grantor for opening any grave on the Lot.


IN WITNESS WHEREOF, the said company has caused its corporate seal to be hereunto affixed, and these Presents to be signed by two Officers or Directors at the City of ______, New Brunswick this ___ day of ______ in the year of our Lord _______.





Director: ___________________________________   Director: ________________________________









.                                                                                                           BY-LAW NO. 1 (By-Law 2,3&4 start on page 13) 

A   By-Law relating generally to the transaction of the affairs of Rural Cemetery Co.

Rural Cemetery Co., hereinafter called the “Company” by the Directors thereof, Hereby Enacts as follows:    



1.      The Head Office of the Company within the Province of New Brunswick, shall be at Location Name, in the Parish of Location Name, in the County of Name as designated by the Company’s Letters Patent.


2.     The Seal, an impression whereof is stamped on the margin hereof, is hereby declared to be the Corporate Seal of the Company.



3.     The Annual Meeting of the members of the Company shall be at the Head Office of the Company, in the Parish of Location Name, in the County of Name, on a day during the month of November in each year to be

appointed by the Directors or at such other time or place as may be determined by the Directors.


4.     Special Meetings of the members of the Company may be called by the Directors whenever it is deemed necessary for the purpose of the Company, and it shall be the duty of the President or Secretary, whenever and as soon as there are less than five Directors in office, to call a Special Meeting of Shareholders to elect Directors to fill the vacancies, provided that if such lack of quorum shall occur within one month before the regular time for the Annual Meeting, the President or Secretary may call the Annual Meeting instead of a Special Meeting. 


5.     The Directors of the Company shall hold at least two Meetings during each year at a time and place to be determined by them, and may be held as the business of the Company may require, without formal notice if all the Directors are present or if those absent have signified their consent to such a Meeting or to the business to be transacted thereat.


6.      Director’s Meetings may be called by the President or Vice President or by any two of the Directors.


7.     Notice of any Meeting of Directors shall, except as otherwise herein provided, be given in writing not less than two days before such Meeting and shall state the purposes of such Meeting; provided that no notice shall be required in the case of a Meeting held immediately following the Annual Meeting of members of the Company.


8.     Notice of the time and place of the Annual or other Meeting of the members of the

Company shall be given either by public advertisement in the Village of Location Name not less than five days before such a meeting or by phone or email to each member at their last know address at least seven days before the holding of such Meeting, provided that any meeting of the members of the Company, may be held at any time or place without such notice if all the members are personally present or represented by proxy and consent thereto or if the absent member have signified their consent in writing to such Meeting or their consent to the business to be transacted thereat.


9.     A quorum for the transaction of business at Meetings of the members of the Company shall consist of not less than eight members present in person.


10.     Every member shall be entitled to one vote on issues arising at Meetings.


11.     The order of business at the Annual Meeting, and so far as practicable at other Meetings of the members shall be as follows:

             1.   Calling of Roll;

             2.  Reading of Minutes of Previous Meeting

             3.  Approval of Minutes

             4.  Reports of Officers and Committees;

             5.  Election of Directors

             6.  Unfinished Business

             7.  New Business.



12.     The Board of Directors shall consist of not less than five persons being members of the Company, holding office for one year or until replaced by the requisite members of others duly elected in their stead.


13.     The election of Directors shall take place yearly at the Annual Meeting of the Company or such other Meetings or Meeting duly called for the purpose.


14.     Vacancies in the Board of Directors, occurring or existing between Annual Meetings of the Company may except as hereinbefore provided, be filled if there are five remaining Directors.


15.     A majority of the Directors present in person shall constitute a quorum at any Meeting thereof.


16.     The order of business at any Regular Meeting of Directors and so far as practicable at any Special Meeting thereof shall be as follows:  


                1.  Calling of Roll;

                2.  Reading of Minutes of Previous Meeting;

                3.  Approval of Previous Minutes;

                4.  Reports of Officers and Committees;

                5.  Unfinished Business;

                6.  New Business.



17.      The Officers of the Company shall be a President, A Vice-President, a  Secretary and a Treasurer, each of whom shall be elected by the Directors from among their number for a period of one year but shall be  eligible for re-election.  The officers of Secretary and Treasurer may be held by the same person.

18.       If any office becomes vacant during the year, the Directors shall fill the same for the unexpired term.


19.     The President shall give due notice and preside at all Meetings of the Board of Directors and  Members of the Company, he/she and the Vice-President and Secretary shall have power and authority to sign all deeds and other formal documents given by the Company and the President shall perform such other duties as are usually incident to the office of President or are required of him by the Directors.


20.     The Secretary shall keep a record of all the proceedings of all Meetings held by the Members and Directors of the Company; shall have charge of all books and records and of the Seal of the Company and shall perform such other duties as are incident to the office or as may be required from time to time by the Directors.


21.     The Secretary shall keep and maintain in good order, a book or list to be known as the Member’s Book, in which shall be a complete list of the names of all members, the address and calling of each and particulars of the authority whereby each member holds membership in the Company.  The Member’s Book shall at all times be open to inspection by the Members of the Company.

 22.     The Treasurer shall have charge of all monies, securities and accounts of the Company, shall co-sign cheques with either the President, Vice-President or Secretary and shall perform such other duties as are incident to the Office or as may be required from time to time by the Directors.



23.    There shall be two classes of membership in the Company;


                           1.       Ordinary members being persons who are living lot holders in any Cemetery owned or operated by the Company;

                           2.     Honorary Members being persons who may make a cash gift to the Company of a sum in the amount   of  One  Hundred   Dollars or more, such Honorary Membership in the Company to be for the lifetime of the donor.


24.     Every member of the Company both ordinary and honorary may attend and be heard at any Annual or Special Meeting of the Members of the Company and shall be entitled to vote thereat; provided that an ordinary Member of the Company shall be entitled to one vote.



25.     There shall be two standing Committees, each to be appointed by the

Board of Directors upon each of which at least two Directors shall serve; namely the

Finance Committee and the Lots Committee.  The President 

may appoint other temporary Committees as the need arises.  Vacancies on the Committees shall be filled in the same manner as the respective Committees are appointed.  Each Committee shall elect from among its membership a Chairman and a Recording Secretary.

26.    The Chairman of each Committee shall report at every Meeting of Directors of the Company. 



27.     It shall be the duty of the Finance Committee:

The Auditor to review the accounts and financial position of the Company at least once in each year and to report the results of the same to the Board of Directors;

To review the investments of the Company at least twice each year and make such recommendations thereon to the Board of Directors as may be deemed advisable.



28.     It shall be the duty of the Grounds Committee:

To exercise general control and oversight of the Cemetery grounds, equipment, construction and plantings thereon. 

To supervise and/or assist Cemetery Staff or

Maintenance Contractors in the performance of their duties.


            LOTS COMMITTEE

29.     It shall be the duty of the Lots Committee:

(1)       To issue Deeds, Perpetual Care Contract and Receipts to Members who purchase lots and Perpetual Care.     



30.     The Fiscal Year of the Company shall end of the __st day of Month.




        __________________________                                      ________________________

        President                                                                           Secretary


A By-Law relating to regulating the use of the Cemetery of Rural Cemetery Co., hereinafter called the “Company” by the Directors thereof, Hereby Enacts as follows:

            All present holders of lots within the premises owned or controlled by the Company and all subsequent grantees of lots therein shall hold the same subject, to the provisions set forth in this ByLaw. 

  1. Lots in the Cemetery of the Company shall not be used for any purpose than as a place of burial of human remains. 


  2. The Company Cemetery shall be open daily to visitors by means of a pedestrian gate to the left of the main gates.  The main gates will be opened to vehicular and pedestrian traffic on weekends and holidays from May 1st to October 31st each year, however, the Directors may in their discretion limit or extend the hours during which the main gates to the Cemetery are to be open.


  3. Only by order of the Directors of the Company or such person designated by them for such purposes shall,

                                1.Any grave in the Company Cemetery be opened;

                                2.Remains interred in a lot in the Company Cemetery be removed there from;

                                3.Any fence, hedge, monument or like construction or planting be removed from the Company Cemetery;

                                4.Any lot or part thereof be transferred by the grantee or owner to any other person;


 All work done and all processions in the Company Cemetery shall be conducted under the supervision of the Directors or such person so designated by them and all Undertakers using the Company Cemetery shall observe the instructions of the Directors or person designated by them for such purpose.       


 4.        All traditional graves in the Company Cemetery must be dug at least four feet six inches below ground level.  The graves for ashes from cremation must be dug at least two feet below ground level.  All burials including urns must have the location of the grave identified by a Director of the Cemetery and the burial completed under the direction of a licensed Funeral Director.  In the event the identified lot is not allowed another burial as stated in section 10, the Directors may approve the burial of an urn on such lot providing the family pays an additional perpetual care fee at the current rate.                    


5.      All monuments must be of an approved design and must rest on cement foundations sufficient to maintain the monument in a permanent upright position and grave markers at ground level may be permitted.   There shall be only one upright monument per grave lot.  


6.     No plantings will be allowed on grave lots, and no floral decorations will be allowed on the lots except in containers attached to monuments so as not to interfere with the maintenance of the Cemetery.  Any damaged, weathered or unsightly arrangements shall be removed from the grave lots at the discretion of the Directors.


7.      Cemeteries owned and operated by the Company shall be laid out according to plan and the President and Chairperson of the lots committee shall maintain an accurate copy of the plan of each cemetery showing  the lots which have been sold and the names of the owners or occupiers thereof and those lots which are vacant and unsold.


8.      The size of a single lot shall not be less than 50 square feet and the size of a double lot shall be not less than 100 square feet.  There shall be only one traditional burial per single grave lot.  If remains are cremated two burials per single lot shall be permitted or one traditional burial plus one

cremains.  Any additional burials will be at the discretion of the Board of Directors. (see section 6 above)   

9.       The price of a single lot or a double lot for sale by the Company shall be reviewed annually with any changes being approved by a majority of Directors present in person at the Annual Meeting.  To each of the purchasers a receipt shall be issued in acknowledgement of the delivery of the price thereof to the Company together with a Deed of Conveyance of the Lot so sold in the form set forth in Clause 12.  In the event a lot owner sells or exchanges their lot a transfer fee, set by the Board of  Directors, will be levied. 

The Company will hold a cemetery lot for an interested party providing a minimum down payment of 25% is received.  The price of the lot will remain at the price quoted for a period of two (2) years.  At the end of the two (2) year period if payment in full has not been received, the purchaser will be notified and the deposit will be refunded.  The lot will then be available for resale.

In the event a destitute individual or family wishes to be interned in the Company Cemetery without the funds to purchase a lot, the Company has established l0 lots to facilitate pauper graves.  These lots are located in the northeast corner of the cemetery and are identified on the cemetery plan as single lots 901 to 910.

10.      The form of Deeds of Conveyance of Lots in Rural Cemetery Co shall be as follows:  “Know All Men By These Presents, that Rural Cemetery Co., in consideration of (an amount which has been determined at the last Annual Meeting of the Company) of lawful money of Canada to it paid by (name of purchaser) of (place of residence of purchaser) his heirs and assigns, a lot of land in the cemetery of the Company called the Rural Cemetery Co., situated in the County of Name which said lot is delineated and laid down on the plan of said cemetery, and is designated thereon as follows: (identity of lot); To Have and To Hold the above named lot unto the above name (name of purchaser) his heirs, and assigns,



ORDAINED AND PASSED THIS  __th DAY OF _____________, 20__.

        _____________________________                    ______________________________

      President                                                               Secretary




A  By-Law relating to a Perpetual Care Plan of Rural Cemetery Co..


Rural Cemetery Co., hereinafter called the “Company” by the Directors thereof, Hereby Enacts as follows:

1.  The Board of Directors may contract with an Ordinary or Honorary Member for the ordinary care in perpetuity (hereinafter called “Perpetual Care”) of any lot or lots of such member within a cemetery owned and operated by the Company. 


2. (a) “Ordinary Care” shall include the necessary trimming of the lawns of the lots, the building up and replanting if necessary and the keeping of monuments or headstones in reasonably upright position.

     (b) “Perpetual Care” means ordinary care in perpetuity.

3.  All moneys paid for perpetual care shall be invested by the Directors in authorized trustee investments and the income therefrom shall be expanded annually for the care of the lots for which perpetual care has been subscribed.


4.  The price for perpetual care of a single lot and the price for perpetual care for a double lot shall be an amount which has been determined at the Annual Meeting of the the Company and such payment when received in full by the Company shall entitle the lot to perpetual care.


5.  The contract for the subscription of perpetual care shall be in the form attached hereto.



_________________________                                  ______________________________

President                                                                     Secretary



A By-Law regarding the investing of funds. 


The investment of cemetery funds will be handled in an uncomplicated manner. Specifically, in instruments where principal is guaranteed with the most attractive rate available. All investments are to pay interest annually to the Operating Checking Account. 

Investment Funds relative to Operating Funds and Perpetual Care Funds are to be maintained respectively in separate numbered GIC accounts for clarification and the prevention of confusion. 

Funds invested relative to the Operating Account are to be placed in instruments that provide availability whenever needed. Perpetual Care funds are to be invested for terms that offer the best rate.  The Perpetual Care Account funds to be invested annually and the Operating Account to maintain a minimum balance of $__,000.00. 

Each of the funds, both Operating and Perpetual Care will enjoy; 

  1. Checking Account 

  2. Bonus Savings Account 

GIC Investment Account 


The Finance Committee will bring recommendations for all reinvesting to the annual meeting. 


ORDAINED AND PASSED THIS 16th DAY OF __________, 20__. 



_________________________________                    ______________________________ 

        President                                                                           Secretary




AGREEMENT entered into between RURAL CEMETERY CO. 

And   ………………………………………………………….…………

For and in consideration of the sum of …………………………………. lawful money of Canada, paid to Rural Cemetery Co. By ………….…..

………………………………………………………………….the receipt of which is hereby acknowledged.

Rural Cemetery Co. Agree to care for all time Family Lot No. ………..…

Entered in the name of …………………………………………………….

Said care to consist of keeping the grass properly cut, and to re-sod the lot when in the  estimation of the Directors and the Superintendent, it may require re-sodding.

Dated at Location Name this ……….day of ………………... A.D. 20…….


……………………………..              ……………………………….

President                                             Secretary



BE IT ENACTED by the Board of Directors of City Cemetery Co. as the General by-laws thereof as follows:


1.             THE  COMPANY

The Company shall consist of Lot holders who are owners or proprietors of forty square feet or more of Company or Cemetery Property who shall be entitled to vote in the affairs of the Cemetery at the Annual or Special Meetings.


2.             HEAD OFFICE

The Head Office of the Cemetery shall be at 123 Main Street at the Grounds of The Cemetery in Your City in the County of Your County in the Province of New Brunswick.


3.            SEAL

The Seal, an impression of which is made on the margin of this by-law, is hereby declared to be the common corporate seal of City Cemetery Co., and the said seal whenever used for the purposes of the Company shall be attested by tl1e signatures of title President and Secretary.


4.            FISCAL YEAR

The Fiscal year of the Company shall be the calendar year.


5.             DIRECTORS

  1. The affairs of the Company shall be managed by a Board of not more than Eleven Directors.

  2. The Directors shall be chosen by nomination and ballot by the Lot holders at the first annual meeting and at each annual meeting thereafter.

  3. Each Director shall hold office for one year or until another is elected or appointed in his stead.

  4. The Directors shall have power to fill any vacancy occurring in the Board (as authorized in the New Brunswick Company’s Act, Section 87 and following sections).

  5. Not less than five Directors shall form a quorum at any meeting of the Company Directors.

  6. Each Director shall be a Company lot holder as provided under Section 1 of  the Company by-laws .

  7. Neither the Superintendent or any full time Employee of the Company shall be eligible for election to or be member of the Board of Directors.




  1. The Board of Directors shall meet for the election and appointment of officers of the Company and for the transaction of any business which shall come before it immediately after the adjournment of the annual meeting of the members a t which it is elected.

  2. The meeting place under Section 6a herein shall be the head off ice of the Company unless some other place be agreed upon.

  3. The Directors shall meet regularly each month, notice of such meetings being given either verbally or in writing from the head office.

  4. Meetings of the directors may be held without formal notice if all the Directors are present, or if those absent have signified their assent to such meeting or their consent to the business transacted thereat.

  5. The Secretary shall call special meetings of Directors upon order of the President or at the request of any two Directors.

  6. Three Directors present at the time for meeting of the Board duly called shall be a quorum for the choice of a Chairman and the adjournment of the meeting.

    For all other purposes the quorum shall be five directors.

  7. Questions arising at any meeting shall be decided by a majority of votes, and in case of an equality of votes the Chairman shall have a deciding vote.

  8. If at any meeting of the Board the President or Vice President is not present, the Directors present shall choose one of their members to be chairman of the meeting.

  9. All acts done at any meeting of the Directors or by any person acting as Director shall, notwithstanding that it shall afterwards be discovered that there was some defect in the appointment of such Directors or persons acting as aforesaid, or that they or any of them were disqualified, be as valid as if every person had been duly appointed and was qualified to be a Director.


7.               OFFICERS

  1. The Directors at their first meeting after their election by the lot holders shall  elect from among themselves the following officers :

    A President

    A Vice President 

    A Secretary

    A Treasurer

  2. Any two of such officers excepting that of President may be combined and held by one person.

  3. The creation of other offices and the filling of any vacancies in any offices may be done by the Directors at any regular meeting of Directors.


8.                DUTIES

  1. The President shall preside at all meetings of the Company and shall take the chair at all meetings of the Board of Directors.

  2. The Vice President shall in the absence of the President discharge the duties of that office.

  3. The Secretary shall give notice of and attend all general meetings of the

    Company and all meetings of the Board of Directors, and keep the minutes thereof.  He shall have charge of all permanent Company Records, and the custody of the Company Seal.  He shall have direction of the Company office. He shall also perform such other duties incident to his office as may from time to time be required of him by the Board or the officers thereof.

  4. .  The Treasurer shall take charge of the funds and securities of the Company subject  to the by-laws of  the Company and make such arrangements for the custody thereof  as the Board of Directors  may  from  time  to  time  direct,  keep  proper  books  of  account  and render such reports on  the  finances  of  the  Company  as  may  be  required  by  any  one properly  interested  under  these by-laws.

  5. The Directors may, if necessary, appoint a temporary substitute for any of the appointed officers of City Cemetery Co., who shall for the purposes of these bylaws be deemed to be the officer for whom he is substituted.


9.                LOT BOOK AND RECORDS

The Directors shall maintain and keep at the head office of the Company a complete record of all interments, lots, lot holders and proprietors of lots. This record shall be kept in book, card or electronic form under the direction of the Directors and Secretary.


10.             CONVEYANCE OF LOTS

1.  The deed for the conveyance and sale of lots and gravesites in the Cemetery shall be on a Company form for the purpose and duly executed by the proper officers of the Company.

2.  A Deed to two or more proprietors may be delivered to the person first named in the Lot Book Register of Proprietors.

3.  In case a deed is lost, defaced or destroyed a duplicate thereof may be executed and delivered on such terms as to evidence, indemnity and fee as the Board of Directors may by resolution prescribe.

4.  In case of any transfer or assignment of any deed or lot, or upon any right, title or interest on any lot or grave site passing on the decease of any proprietor or owner, the record thereof in the Lot Book Register shall be made on such evidence as the Board of Directors may require together with payment of the required fee.


11.             ANNUAL MEETING

1.  The Annual Meeting of the lot holders of the Company shall be held on the date prescribed and announced by the Directors.

2.  As amended at the Annual Meeting of March 20, 1995, notice of each annual meeting shall be published in the Public Press not less than seven days preceding such meeting, such date being no later than May 31each year.

3.  The business of an annual general meeting of the Company shall be to receive and consider the financial and other reports submitted by the Board of Directors, to elect Directors and appoint an Auditor for the ensuing year, and to transact any other business, which may be transacted at a general meeting.

4.   The business of an annual general meeting of the Company shall be conducted with due regard to all rights and privileges outlined in the Company Chart being Chapter 62 of the Acts of the Legislature of New Brunswick A. D. 1968 and any later amending Act.

5.  A Chairman shall be elected of the general meeting who shall be a Director or former Director of the Company.

6.  All questions proposed for the consideration of the meeting shall be determined by a majority of votes, and the Chairman presiding shall have the casting vote in case of an equality of votes.  (N. B. Companies Act, Sec. 103 c.)

7.  At all general meetings every lot holder shall be entitled to give one vote and such votes may be given in person or by proxy, if such proxy is himself a lot holder. (N. B. Companies Act Sec. 103b)

8.  Every instrument of proxy shall be in writing and, whether for a specified meeting or otherwise, shall be filed with the Secretary before a vote is tendered thereon.


12.              AUDIT

1.  One or more Chartered Professional Accountants shall be appointed at the annual general meeting who shall examine and give a REVIEW engagement report  of  the books,  accounts, bank balance and securities of the Company, and prepare therefrom  and  submit reports on the Company's affairs.

2.  Every account of the Directors, when approved by a general meeting of lot holders of the Company, shall be conclusive, and shall form part of the permanent records of the Company, except as regards any error discovered therein within three months next after the approval thereof. Whenever any such error is discovered within that period, the account shall forthwith be corrected and thenceforth shall be conclusive.



1.  The Directors are empowered to hire an Executive Director who shall have charge of the property of City Cemetery Co. and shall be empowered to enforce all Company regulations relating to such property.

2.  The Executive Director shall hire such staff as may be necessary to carry out the directions of the Directors.

3.  The Executive Director is empowered to hire and employ off ice assistance that shall assist in keeping the Company Records, in stenographic and other office routine work under supervision of the Board of Directors and the Secretary.


14.              REMUNERATION

1.  As amended at the March 9, 1993 annual meeting, the remuneration of the Directors for their yearly service shall be determined by the directors at regular directors' meeting.

2.  As amended at the March 9, 1993 annual meeting, the remuneration of the

President, Vice President, Secretary Treasurer, and Chairman of the Grounds Committee and Finance Committee shall be determined by the directors at regular directors' meeting.

3.  The salaries of the Executive Director and his staff, and that of the Office Secretary shall be determined annually by the Board of Directors.


15.              COMMITTEES

1.  The Directors may at any regular meeting appoint and empower committees   to adjudicate upon or transact any particular Company business.

2.  Each Committee shall elect its chairman from its number, and decide its quorum, place and time of meeting.

3.  The Secretary, if required, shall attend the meetings of such committees and keep the minutes thereof.


16.             REGULATIONS

The Schedule of Regulations as filed and published by the Board of Directors and amendments thereto made from time to time shall, when sanctioned and confirmed, have the force and effect of by-laws of the Company.


17.             ALTERATIONS OF BY-LAWS

These by-laws may be altered only at any annual meeting, or at a special meeting called for that special purpose, notice of which has been regularly given through the public press to the lot holders.


These by-laws dated at the Head Office of The Cemetery this 1st day of January A. D. 1981.




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