Cemeteries - overview of BAO regulations

Cannon 22 of the Diocese of Ontario Canons and Constitution deals with cemeteries

CANON 22: CEMETERIES

1. Every parish or church in the Diocese with a cemetery, scattering garden or columbarium (hereinafter referred to as a “cemetery”), adjacent to or affiliated with such parish or church shall have a Cemetery Board (the “Board”).

2. Diocesan Synod Council shall serve as the Board for any cemetery adjacent to or affiliated with a parish or church that has been disestablished, where such cemetery does not have an ongoing Board or has not been conveyed to a third party.

3. The Board, except the Board provided for in paragraph 2 above, shall be elected annually at the annual meeting of the vestry of the parish or church to which this Canon applies.

4. Should any parish or church to which this Canon may apply, fail to elect a Board, then the Churchwardens and Treasurer thereof shall serve as a Board.

5. Diocesan Synod Council may approve policies and guidelines for the composition of the Board and the operation and maintenance of cemeteries to which this Canon applies.

6. The Board shall administer the cemetery in accordance with the Funeral, Burial and Cremation Services Act, 2002, S.O., 2002, c.33 (the “Act”) and any provincial legislation pertaining to cemeteries, any regulations promulgated pursuant to such legislation, this Canon and any policies and guidelines approved by Diocesan Synod Council.

7. In the event of a conflict between any provision of this Canon, a policy or guideline approved by Diocesan Synod Council and the Act or any provincial legislation or regulation governing the operation and maintenance of a cemetery, the provisions of the Act and any other provincial legislation or regulation shall prevail.