Laval Cemetery regulations

1. Purpose of the regulations. These regulations are meant to establish common standards with which all Cemetery users should comply to ensure the pleasant design of the grounds, mutual respect between users, and orderly operation of the Cemetery, specifically with regard to maintenance and the repossession of plots, crypts and niches (termination of contract), as well as the rights and obligations of users
   1. Cemetery contracts. These regulations are an integral part of any contract signed with any owner of a plot, crypt or niche. All Plot owners and Cemetery users must comply with these regulations in their entirety and are responsible for checking for updates.
2. Definitions. For the purpose of these regulations, the terms below have the following meanings:
   1. Cemetery. All land, including individual and family plots, wooded areas, roads, paths, fences, hedges, borders, trees and shrubs, buildings and structures, including mausoleums, and forming a whole intended for the burial of deceased persons or the burial of their ashes.
   2. Columbarium. An indoor or outdoor structure lined with niches intended to hold one or more cinerary urns.
   3. Concession. Authorization granted by the Cemetery, by means of a concession contract, to use, for a specified period and in consideration of fees set by the Cemetery, a plot, a niche, or a crypt (vault) (hereinafter the “Conceded site”), all of which shall remain the property of the Cemetery, for the exclusive purpose of laying to rest the body or the ashes of a deceased person in accordance with the law and regulations in effect.
   4. Plot owner. Person who owns the rights conferred by a Conceded site in the Cemetery and who has signed a formal contract with the Cemetery. A Conceded site may only be under the responsibility of a single natural person of legal age, a legal person, a religious community, or an organization authorized by the Cemetery. Following the death of the Plot owner, the latter shall be replaced by an heir, successor, or any other person designated by the Plot owner, whether in the cemetery contracts, a will, or the expression of the Plot owner’s last wishes within the meaning of the Civil Code of Québec.
   5. Family plot. Plot for interring the body or ashes of a deceased person.
   6. Individual plot. Plot for interring the body of a single person or animal, or the ashes of a single person or animal.
   7. Crypt (or vault). Space in a wall intended to hold the body of one or two deceased persons. It is identified with a plaque supplied and mounted by the Cemetery. The crypt features a hermetically sealed metal casket equipped with a rubber gasket between the base and the lid, forming a tight seal. Wooden caskets are prohibited. Once sealed, the crypt cannot be opened unless permission is obtained from the Superior Court to disinter a body, in accordance with the provisions of the Funeral Operations Act and its regulations.
   8. Exhumation. The act of removing a body from its burial site, subject to obtaining prior authorization from the Superior Court, in accordance with the provisions of the Funeral Operations Act and its regulations.
   9. Interment. Under the authority and supervision of the Cemetery, the burial of a body or the ashes of a deceased person in a commemorative or community plot, or of a body in a crypt (or vault).
   10. Mausoleum. Funerary building containing crypts (vaults) and/or a columbarium containing niches.
   11. Niche. Space in a Columbarium intended to hold one or more cinerary urns. It is identified with a plaque supplied and mounted by the Cemetery.
   12. Funerary marker. Any monument, decoration, inscription or other funerary marker, produced at the request of a Plot owner, and intended to display the name of a deceased person, or to identify or adorn a plot.
   13. Cemetery register. In which cemetery contracts and other identifying information about Plot owners and deceased persons are recorded.
   14. Registrar. Cemetery officer responsible for enforcing these regulations and for updating the Cemetery register.
   15. Burial. Interment, placing in a niche or crypt (or vault) of human or animal remains. This term also refers to the location where human or animal remains are laid to rest.
   16. Cinerary urn. Container holding the ashes of a deceased person.
3. Secular nature of the Cemetery. The Cemetery welcomes Plot owners of all religions and beliefs. The Cemetery has different sections to accommodate the various communities of Plot owners.
4. Access to the Cemetery. Access to the Cemetery is permitted to any member of the public during the Cemetery’s opening hours, which are posted on the Cemetery’s website and at the Cemetery entrance.
   1. Vehicles. All vehicles, whether motorized or not, with the exception of funeral vehicles and Cemetery maintenance vehicles, are prohibited outside the marked roads. The maximum speed limit for these vehicles is 20 km/hour.
   2. Respect. The cemetery is a place for laying to rest the bodies and ashes of deceased persons. All users must respect the dignity of the site and of the deceased persons. The Cemetery reserves the right to expel any user whose conduct is disrespectful or disturbs the peace, or who is likely to cause damage to other users, to the various plots, to any of the Cemetery’s movables or immovables, to the vegetation and landscaping, or to the dignity of one or more deceased persons. Disrespectful behaviour includes any form of amusement or loitering.
   3. Animals. Pets are permitted on Cemetery property. However, the pet owner must: 
      a) have a valid permit for the animal;
      b) keep the animal on a leash within the Cemetery grounds;
      c) not leave the animal tied unattended to a tree or other object;;
      d) control the animal at all times and ensure it does not disturb the peace or endanger the public; and
      e) pick up the animal’s excrement in a plastic bag, and close and dispose of the plastic bag in a garbage can.
   4. User protection. The Cemetery reserves the right to prevent access to the Cemetery for weather or other reasons.
   5. Photos, videos and filming. To preserve the dignity of deceased persons and users, any photo, video or filming must be preauthorized in writing by the Cemetery.
5. Arrangement and layout. The Cemetery reserves the right to change, at any time and at its discretion, the arrangement and layout of a plot or of the Cemetery itself.
6. Right to use a plot, crypt or niche. The concession of a plot, crypt or niche (hereinafter collectively called the “Conceded site”) does not confer any ownership right to the Conceded site, but rather strictly the right to inter the body or store the ashes of a deceased person therein for the specified period, as stipulated in the cemetery contracts concluded with the Cemetery, the whole in accordance with the Act.
   1. Spaces and dimensions. Only the Cemetery may establish the number of spaces available within a Conceded site, as stipulated in the cemetery contracts. The Cemetery also establishes the dimensions of Conceded sites.
      1. Payment in full. The granting of the right of use is conditional upon full payment of the price indicated in the cemetery contracts, in addition to payment of all other amounts owing to the Cemetery. Prior to full payment of these amounts, the Cemetery may, at its discretion, withdraw the Plot owner’s right to use the Conceded site, and even terminate the cemetery contracts, in accordance with the provisions of this article.
      2. Cemetery register. A copy of the cemetery contracts is kept in the Cemetery register.
      3. Term. The term of use of the Conceded site is that stipulated in the contract.
      4. Renewal. Upon expiry of the term of use of the Conceded site, according to the cemetery contracts the Cemetery shall send a renewal notice for the Concession. This notice shall be sent to the Plot owner’s last known address in the Cemetery register, or to one of the Plot owner’s heirs or successors. The Plot owner, or their replacement, shall then have the option to renew the right to use the Conceded site at the price and conditions then in effect.
         1. Time limit and repossession of the Conceded site by the Cemetery. If the Plot owner, or their replacement, fails to renew within twelve (12) months of expiry of the term, the Cemetery may repossess the Conceded site. The Cemetery may then remove, at its sole discretion, all monuments, ornaments, markers, and other items on the Conceded site, including flowers, plants, perennials, trees, shrubs, and hedges.
      5. Plot owner’s contact information. The Plot owner is responsible for informing the Cemetery, in writing, of any change in their contact information, including any change of address or email address. These changes must be made in person, by appointment. The Plot owner’s heirs or successors shall have the same responsibility in order to benefit from the same right to renew provided for under this article. The same applies to any change of Plot owner.
   2. Termination and repossession of the Conceded site. If the Plot owner, or their replacement, fails to pay the full price agreed upon in the cemetery contracts, in addition to all other amounts owing to the Cemetery, or fails to comply fully with the provisions of these regulations, the Cemetery may, at its discretion, terminate this cemetery contracts for the Conceded site. Following a ninety-day (90) written notice sent to the Plot owner’s last known address in the Cemetery register, the Cemetery may repossess the Conceded site and dispose of it as it sees fit. Upon expiry of this period, the caskets, remains, cinerary urns, or ashes contained in the Conceded site may be disinterred, in accordance with the Act, and reinterred, where applicable, in another space provided for this purpose, at the Cemetery’s discretion. The Cemetery may then remove, at its sole discretion, all monuments, ornaments, markers, and other items on the Conceded site, including flowers, plants, perennials, trees, shrubs, and hedges.
      1. Abandonment of Conceded site. The same process shall apply in the event the Plot owner, their heirs or successors fail to come forward for more than thirty (30) years following the signing of the cemetery contracts. The Conceded site shall then be deemed to have been abandoned and may be repossessed by the Cemetery in accordance with the provisions of this article.
7. Interment. Only Cemetery employees, or other persons explicitly authorized by the Cemetery, may perform interment work in the Cemetery, at the Plot owner’s expense.
   1. Request to open a grave or a crypt (vault). Requests to open a grave or a crypt must be made in writing to the Cemetery at least forty-eight (48) hours in advance. The Cemetery reserves the right to charge additional fees for shorter notices.
   2. Fees. Interment fees are set by the Cemetery. The Cemetery may charge additional fees for work performed on weekends, holidays or during peak periods. It may also, at its sole discretion and at any time, charge additional fees for interments, depending on the circumstances. Payment must be received in full for the Conceded site, including interment and niche fees, before work begins.
   3. Proof of death. The Plot owner must provide the Cemetery with proof of death prior to interment. The Plot owner must also see to all formalities before the work begins.
   4. Dispute. Any dispute involving the person to be interred must have been settled amicably or in court before any interment work can begin.
8. Exhumation. Only Cemetery employees, or other persons explicitly authorized by the Cemetery, may perform exhumation work in the Cemetery, at the Plot owner’s expense.
   1. Request to open a grave or a crypt (vault). Requests to open a grave or a crypt must be made in writing to the Cemetery at least thirty (30) days in advance, provided the Superior Court of Québec has already rendered a written decision on the matter and the appeal period (thirty (30) days) has already expired. The Cemetery reserves the right to charge additional fees for shorter notices.
   2. Fees. Exhumation fees are set by the Cemetery. The Cemetery may charge additional fees for work performed on weekends, holidays or during peak periods. It may also, at its sole discretion and at any time, charge additional fees for exhumation work, depending on the circumstances. Payment must be received in full for the Conceded site, including exhumation and niche fees, before work begins.
   3. Proof of death. The Plot owner must provide the Cemetery with proof of death prior to exhumation. The Plot owner must also see to all formalities before the work begins.
   4. Dispute.  Any dispute involving the deceased person to be disinterred must have been settled amicably or in court before any exhumation work can begin.
   5. Exhumation requests. All exhumation requests must be submitted to the Cemetery. On the form, the applicant must state the legal interest in requesting the exhumation. All exhumation requests must also be submitted to the Superior Court, to obtain permission for exhumation, in accordance with the provisions of the Funeral Operations Act and its regulations. Since a court decision is required, the Cemetery cannot guarantee the outcome of a exhumation request. The costs of the exhumation request shall be borne by the applicant and paid in full before the exhumation request is submitted. Only Cemetery employees are authorized to carry out exhumation or similar work.
9. Cemetery maintenance. The Cemetery sees to maintaining the lawn, paths and roads, weather permitting.
   1. Exception. Cemetery maintenance may be temporarily interrupted in exceptional circumstances, such as redevelopment of all or part of the Cemetery, or public utility work.
   2. Exclusivity, only Cemetery employees, or other persons explicitly authorized by the Cemetery, may carry out work in the Cemetery.
10. Civil liability. The Cemetery shall not be liable for any failure or delay in performance resulting from any force majeure or any cause beyond its reasonable control, including but not limited to acts of war, terrorism or sabotage, riot, fire, lightning, flood, storm, tornado or earthquake. Without limiting the general nature of the foregoing, the Cemetery shall not be held liable for acts of vandalism or other damage caused by a third party. In the case of a funerary marker knocked over by vandals or otherwise, only the Cemetery is authorized to replace it, at the Plot owner’s expense, provided the marker is not damaged.
    1. Insurance. The Plot owner is responsible for insuring its concession against the usual risks, in particular against theft or vandalism, and for acquiring civil liability insurance for the Conceded site.
11. Foundations and monuments. No monument or other funerary marker may be installed before the Plot owner has paid in full the agreed-upon price and the fee for the mandatory installation permit. This mandatory permit involves administrative fees.
    1. Monument or another funerary marker from a third party. The Plot owner may erect a monument or other funerary marker supplied by a third party provided they have first: 
       a) obtained the Cemetery’s prior written authorization to do so; and
       b) submitted their plan for the monument or funerary marker to the Cemetery registrar or administration, which must have approved it.
    2. Placement of monuments, plaques and foundations. Monuments and plaques must be installed at the head of the plot and adequately secured to the foundation built exclusively by the Cemetery. The Plot owner is responsible for maintaining the monument or plaque, at their expense.
    3. General appearance of monuments, ornaments, plaques and urns, and inscriptions affixed to or engraved on them. Monuments, ornaments, plaques and urns must comply with the Act and with public order, and be appropriate to the vocation of the Cemetery and the harmonious layout of the site. The same applies to inscriptions engraved on or affixed to a monument, plaque, ornament or urn. The Cemetery reserves the right to erase any inscription or to have removed from a plot any object that may be harmful or detrimental to public order, that is inappropriate for the site or its vocation, that is disrespectful to users, or that compromises the peace and dignity of the site, at the Plot owner’s expense.
    4. Monument removal. The Cemetery reserves the right to remove from a Conceded site any monument which, due to its poor condition, is likely to injure a user or cause damage. The Cemetery may remove damaged sections on ten (10) days’ written notice to the Plot owner, sent to their last known address in the Cemetery register. Notwithstanding the foregoing, in an emergency or case of significant risk to user safety, the Cemetery may proceed with removal without prior notice, at the Plot owner’s expense.
    5. Non-payment. Any refusal or failure to pay the fees provided for in this article shall be deemed an abandonment of the Concession.
12. Objects on plot concessions. At its sole discretion, and throughout cemetery grounds and on any and all plot concessions, the cemetery may remove all flowers, plants, perennials, trees, shrubs, hedges, and other synthetic flower arrangements or ornaments (lanterns, vigil lights, statuettes, decorative stones, borders, fences, etc.), without further notice or compensation. The Cemetery may also destroy any other item erected in an unauthorized section of the Cemetery without further notice or compensation. It also reserves the right to claim from the Plot owner all fees associated with any such removal of objects.
    1. Details on the removal of planted, erected or installed vegetation or objects. More specifically, but without limiting the general nature of the foregoing, the Cemetery may remove, at its discretion, at the Plot owner’s expense, any vegetation or object listed in this article: 
       that is prohibited under these regulations;
       or
       located in an unauthorized section and the size or configuration of which could interfere with Cemetery maintenance activities;
       or
       the appearance of which is inappropriate for the vocation or harmonious layout of the site;
       or
       that complicates, or makes less safe, the maintenance of the Cemetery in any way (e.g., by closing off the concession with a wall, border, trench, fence or hedge);;
       or
       that is harmful or detrimental to public order, that is inappropriate for the site or its vocation, that is disrespectful to users, or that compromises the dignity of the site.
    2. Responsibility for planted, erected or installed vegetation or objects. Given the provisions of this article, and in general, the Cemetery shall not be held liable for vegetation or objects planted, erected or installed on a concession by the Plot owner or any third party. As such, the Cemetery does not recommend planting, erecting or installing such vegetation or objects on concessions, especially those that are not fully occupied. As future digging may be unavoidable, these objects, including planted flowers, plants, perennials, trees, shrubs and hedges, will have to be moved. The Plot owner shall thus be liable for any and all such vegetation or objects planted, erected or installed on a concession. Furthermore, without limiting the general nature of the foregoing, the Cemetery reserves the right, at any time, to ask the Plot owner to trim or even remove any vegetation. Failure to comply may result in the Cemetery trimming or removing such vegetation without further notice.
    3. Removal of annuals. All flowers must be removed or collected by the Plot owner immediately after the first autumn frost. After the first frost, the Cemetery reserves the right to remove and destroy them without notice.
13. Objects on the ground, on or inside niches. Any object, ornament, souvenir or decorative item placed in a niche that is harmful or detrimental to public order, that is inappropriate for the Columbarium, that is disrespectful to users, or that compromises the dignity of the site, will be removed by the Cemetery without notice. No objects such as flowers, lanterns, vigil lights, statuettes, decorative stones, frames and photos, stickers, texts, bookmarks, or souvenirs may be placed on the ground in front of the niche or affixed to the window of the niche.
14. Objects on the ground or on crypts (vaults). The following objects, supplied by the Cemetery, may be affixed to a crypt: decorative lantern, synthetic flower arrangement, bronze plate and/or porcelain photo with bronze frame. These objects must be affixed to the crypt’s identification marker. The following objects are prohibited on the ground in front of the crypt or on the crypt itself: flowers, lanterns, vigil lights, statuettes, decorative stones, frames and photos, stickers, texts, bookmarks, and souvenirs.
15. Revocation. These regulations revoke and replace all previous Cemetery regulations.
16. Amendment. These regulations may be amended by the Cemetery at any time, and Plot owners, visitors and users must comply with them.
17. Effective date. All Cemetery regulations shall be considered in effect at the time they are posted on the Cemetery website.