MW-2018-13Niagaraaalls
REPORT TO: Mayor James M. Diodati
and Members of Municipal Council
SUBMITTED BY: Municipal Works — Cemetery Services
SUBJECT: MW -2018-13
Proposed Cemetery By -Law Amendments
MW -2018-13
May 8, 2018
RECOMMENDATION
1. That By -Law 2016-24 be amended to include the proposed addition of
Green/Natural Burials, attached to this report, as well as the minor "house -keeping"
changes as presented below.
2. That following City Council's approval and prior to implementation, thirty (30) days
public notice shall be provided, outlining the changes in the Cemetery By -Law.
EXECUTIVE SUMMARY
In 2016, following significant revisions to the Funeral, Burial and Cremation Services
Act, Council approved the adoption of By -Law 2016-24 which provide Niagara Falls
Cemetery Services, associated bereavement industry organizations and cemetery users
directions related to cemetery use and work. Since the approval of By -Law 2016-24,
Cemetery Services has experienced growth and expansion of services through the
development of a Green/Natural Burial section which requires a unique and specific set
of guidelines which are presented in the attached proposed amendment.
BACKGROUND
Cemetery By -Laws determine and present the policies that govern the administration,
operation and maintenance of municipal cemeteries. The by-law is a useful public
document outlining the rules and regulations concerning lot sales, interments, cemetery
services, monument restriction, flower bed regulations, as well as the general
administration and operation of the municipal cemeteries. A copy of Cemetery By -Laws
is issued to the Interment Rights Holder upon purchase of a cemetery plot, columbarium
niche and/or an order of an interment service.
The attached Green/Natural Burial Section Amendment was developed with the
assistance of the Green Burial Society of Canada as well as Cemeteries with existing
Green and/or Natural Burial Sections including: Royal Oak Burial Park in Victoria,
Denman Island Natural Burial Cemetery, and Parkview Cemetery in Waterloo.
2
MW -2018-13
May 8, 2018
Additional "house -keeping" modifications are limited to the following:
1. Replace "Cemetery Services Administrator" with Manager of Cemetery Services;
2. Add "Cemetery Services" to the definition list (Part 1 of By Law 2016-24);
3. Add to Schedule C — Monument and Marker Procedures and Regulations -
"Inscriptions on the backs of monuments will be restricted to the family names
unless written permission for additional text is granted by the Manager of
Cemetery Services or their authorized representative."; and
4. Add to Schedule D — Flower Bed Standards and Regulations — "Lot decorations
that are considered to be a safety hazard to the public, including but not limited to
wire and/or plastic fencing, oversized and failing shepherd hooks, thorny shrubs,
ornamental stones and rocks, etc., will be removed without notice to the
interment rights holder."
Once approvals are met, Niagara Falls Cemetery Services is obligated, through
legislation, to post public notice at the gate of each active cemetery and via City's
website and local newspapers. It should also be noted that the Bereavement Authority
of Ontario will provide approval following Council's review and ultimate approval.
FINANCIAL/STAFFING/LEGAL IMPLICATIONS
None.
CITY'S STRATEGIC COMMITMENT
The recommendations in this report are consistent with Councils Strategic Priorities to
continue the implementation of the Cemeteries Business Plan and to reduce the
Municipality's carbon footprint.
LIST OF ATTACHMENTS
1. Proposed Green/Natural Burial Amendment
Recommended by:
Geoff Holman, Director o`VMunici tial Works
Respectfully submitted:
Ken Todd, Chief Administrative Officer
Mark Richardson
10. CEMETERY SERVICES — GREEN/NATURAL BURIAL SECTION
a. Green/Natural Burial Site: the green/natural burial section of the cemetery has been
designed and implemented in a way that demonstrates regard for the natural state of
the earth, landscape and accompanying elements. Each green/natural burial lot allows
for one interment right for human remains.
b. The Body: the deceased must be free from embalming solutions, pacemakers, metal
or polymer implants, prosthetics and any other non -naturally occurring elements.
c. Grave Opening Preparation: graves are identified only by a numbered marker.
Cemetery Services will take all reasonable precautions to open the grave in the least
disturbing manner to the surrounding environment. Graves will not be dressed with
decorative cemetery greens unless a request is made for this service. Cemetery
Services will provide a rough cut (i.e. wildflowers and grasses cut no lower than ten
inches from the ground) pathway to the grave.
d. Casket or Container for Full Body Interment: the casket, shroud or representative
container specified for burial of human remains shall be; 1. Composed of sustainable
and fully biodegradable fibers or materials. 2. Free of non -biodegradable resins, glues
or bonding agents. 3. Composed of interior finishing fabricated from biodegradable
fibers or materials. 4. Free from high gloss finish lacquers, paints or prepared
surfaces that are non -biodegradable. 5. Free of any interior liner, bag or wrapping that
is fabricated from a non -biodegradable material. 6. Free of any memento, article or
personal belonging that is composed of non -biodegradable materials. 7. Fashioned to
include a supportive bottom that is stable and strong enough to be transported and
placed on a grave set-up lowering device. The supportive bottom must be similarly
made from sustainable and biodegradable materials.
e. Container for Cremated Remains Interment: the representative container specified
for burial of cremated human remains shall be; 1. Composed of sustainable and fully
biodegradable fibers or materials. 2. Free of non -biodegradable resins, glues or
bonding agents. 3. Composed of interior finishing fabricated from biodegradable fibers
or materials. 4. Free from high gloss finish lacquers, paints or prepared surfaces that
are non -biodegradable. 5. Free of any interior liner, bag or wrapping that is fabricated
from a non -biodegradable material. 6. Free of any memento, article or personal
belonging that is composed of non -biodegradable material.
f. Containers: in addition, interment containers said to be of primary composition of
plywood, particleboard or any other non-sustainable/non-biodegradable materials are
prohibited from use in the green/natural burial section. The Manager of Cemetery
Services, or authorized representative, will have ultimate decision on approval of a
casket, shroud or representative container for an interment in a green/natural burial
section.
g.
Interment Process: the interment will take place as a direct burial. Cemetery
Services will lower the interment container into the earth by means of a standard
lowering device. Earth will be either available on site or brought grave side to
complete the interment. Efforts will be made to return the same earth back into the
grave as was excavated.
h. Witnessing the Interment: the Manager of Cemetery Services may limit the number
of witnesses to an interment service in the green/natural burial section due to any
reason of preserving the environmental sanctity or health and safety of those persons
attending the interment. All attendees will be under the supervision of Cemetery
Services during the interment proceedings.
Unrecoverable Status: interred human remains or cremated human remains shall be
considered non-recoverable from the interment date, and Cemetery Services shall
have no obligation to recover the remains unless ordered by the provisions of
legislation, regulation or court document. In the case of the Cemetery Services being
ordered to recover human remains or cremated human remains, the Manager of
Cemetery Services will hold the authorizing party accountable for all fees associated
with the work performed.
Re-establishing the Burial Site: the burial site will be allowed to naturally settle over
time. The earth will be over -seeded with a recognized wildflower seed mix after the
interment process is completed and thereafter with re-establishment of soil grade
levels through the natural settlement process. Where possible, native trees and
shrubs will also be planted. At the discretion of the Manager of Cemetery Services,
families may request for a native "Memorial Tree" to be planted on, or near to the lot.
k. Memorialization: for green/natural burial, the practice of individual memorialization
will not be permitted. A communal memorial stone that is sourced naturally will be
used to establish simple inscriptions. All inscriptions must be approved by the
Manager of Cemetery Services, or authorized representative, before being inscribed
on the communal memorial stone. Each inscription will follow sequentially with one line
provided for the name of the deceased and one line for the year of birth/death of the
deceased. No emblems or design elements will be inscribed beyond the name and
dates named above. Every inscription will be uniformly directed by the Manager of
Cemetery Services in regard to lettering size, font and occupied space. All
inscriptions will be processed by Cemetery Services in terms of timing of work,
establishing the contractor used to perform the work and fees for service.
I. Keeping a Clear Site: no other memorials, flowers, articles or personal effects may be
left behind at the green/natural burial section. Any said flowers, articles or personal
effects found in the green/natural burial section will be removed and stored by
Cemetery Services for collection. If not collected, it will be disposed of after thirty (30)
days. Cemetery Services retains the right to limit access to pedestrians or vehicles
into the green/natural burial section in keeping of the environmental sensitivities within
the site.
m. Maintenance of the site: no regular maintenance will be performed on the
green/natural burial site. The wild flower mix may be mowed, or a prescribed burn
may be implemented, to control the invasion of non-native species and promote the
health of native species. The site will be left to naturally evolve and develop with
minimum disturbances. Native trees and shrubs may be planted at the discretion of
the Manager of Cemetery Services. No watering or fertilizing will take place of the
seeded areas. The Manager of Cemetery Services will have ultimate authority to
manage, maintain and alter the interment areas, communal memorial stone and
pathways at his/her sole discretion.