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Schedule “A”
Regulations of the William Black Memorial Cemetery
1. In these regulations, except where the context indicates otherwise:
a) “Body” indicates ashes and other remains;
b) “Cemetery” means the cemetery or cemeteries owned or maintained by
the Church;
c) “Church” means the William Black Memorial United Church, Glen Margaret, Nova Scotia;
d) “Committee” means the Cemetery committee of the Church from time to time;
e) “Conveyance” includes a declaration of trust and an agreement to hold in trust;
f) “lot” means a specified lot within the Cemetery wherein burial rights are to be granted;
g) “Owner” indicates a beneficial owner of burial rights; and
h) “Purchase Agreement” means the written purchase agreement issued to the Owner by the Committee on behalf of the Church including these Cemetery Regulations attached as Schedule “A”.
2. The Title holder of the Cemetery shall remain the Church subject only to conveyances of burial rights by the Committee from time to time.
3. The Committee shall keep a register of burial rights and interments and maintain a plan of the Cemetery which shall show the location of each lot, each interment therein, each exhumation therefrom, and such matters as the Committee shall deem advisable from time to time.
4. A conveyance of a burial right shall include:
a) The right to burial in that lot;
b) The right to maintenance of that lot under perpetual care by the Purchase Agreement;
c) The use at all reasonable times of the roads between the main highway and the lot for the purpose of visiting the lot.
5. No lot shall be conveyed by the Owner except back to the committee.
6. Except with the consent of the Committee:
a) No body or cremation ashes shall be interred in or exhumed from the Cemetery;
b) No monument, headstone, marker, fence, chain or curbing shall be erected within the Cemetery; and
c) No trees, shrubs or flowers are to be planted by the Owner except as indicated in paragraph 8 below.
7. The Cemetery is divided into three areas or levels, with the first level being nearest Peggy’s Cove Road, the second demarked by the first rock wall and the driveway / second rock wall, and then the third, demarked by the driveway / second rock wall to the back of the presently cleared land.
a) The lots in Level 1 and Level 2 measure 10 feet long by 3 feet wide, and the lots in Level 3 measure 10 feet long by 4 feet wide.
b) One lot may accommodate either one full body burial and the cremated ashes of up to four persons, or the cremated ashes of up to five persons.
c) The cost of opening and closing a lot for each burial will be at the expense of the Owner. The Owner must arrange the opening and closing with a third party, and in consultation with the Committee ensure the lot’s location is “marked”;
d) Each full body burial with casket shall be at least four feet in depth (base of casket). Full body green burial (no casket) is permitted at a depth of at least 3 feet six inches. Cremated ashes burial shall be at least 18 inches in depth (base of urn).
e) Any headstone or marker and the installation of same will be purchased and arranged for by the Owner. Appropriate methods must be used to ensure the stability of the headstone or marker. The headstone, base and any underlaying slab must not exceed the width of the lot or lots to avoid encroachment on adjoining lots. For single lots in Level 1 and 2 this means the headstone, base and slab must be less than 36 inches in width, and in Level 3, less than 48 inches in width. For double or multiple side by side or adjacent lots, larger headstone or marker dimensions may be permitted with consultation and pre-approval by the Committee.
8. The Committee has exclusive authority to maintain and landscape the Cemetery including as follows:
a) Any ornamentation (including real or artificial flowers) placed on or about a lot must be easily removable for maintenance purposes and made of an unbreakable material (i.e. no glass). Real flowers must be removed within one month. Seasonal ornamentation (e.g. Christmas/Easter) is to be removed within 60 days of the applicable holiday.
b) The erection of a fence or curb will only be permitted when such a fence or curb surrounds ten or more lots belonging to the same family. No fence or curb may be erected without the explicit prior permission in writing by the Committee. Such permission will only be considered after a detailed plan or drawing of the proposed work has been received.
c) Any fence or curbing must be placed and constructed to easily allow for the cutting of the surrounding grass with a ride-on mower. Therefore, any proposal to fence or curb a given block of lots will only be considered when they are sufficiently distanced from another fenced or curbed area to permit the use of a ride-on mower to cut the surrounding grass. What is considered to be a suitable separation will be at the discretion of the Committee from time to time.
d) Where a fence or curb is erected around ten or more lots the owner shall be fully responsible for the care and maintenance of the enclosed area to the satisfaction of the Committee. To ensure that such maintenance will be carried out, the Owner must set up a trust fund at the outset which will provide sufficient income on a continuing basis to cover the cost of maintaining lots within the enclosed area. Where maintenance is not carried out to the satisfaction of the Committee, the Committee will, after giving due notice in writing, have the maintenance carried out at the Owner's expense. On continued failure to provide satisfactory maintenance, or failure to pay for the cost of such maintenance, the Committee may order the removal of the fence or curb at the Owner's expense.
e) Stones, rocks, or pebbles of any size shall not be placed about a lot in lieu of grass;
f) Small shrubs and annual flower gardens shall not be planted without the express permission of the Committee. Such shrubs and annual flower gardens may be removed at any time by the Committee at its sole discretion for any reason but especially for lack of maintenance and/or interference with Cemetery maintenance; and
g) The Committee has the authority to clear away and dispose of any planting or ornamentation that does not adhere to these Cemetery Regulations, is a safety hazard, has become unsightly or broken, interferes with adjacent lot(s), or has not been regularly maintained as determined by authorized Committee personnel. Prior notice of such removal will not be required to be given.
9. In order to determine what maintenance is necessary, the Committee shall provide regular inspection of the Cemetery and the lots therein.
10. The Committee is not responsible for acts of vandalism or for defects in any lot burial rights. The Committee is also not responsible for the maintenance of any headstones or markers.
11. The Committee reserves the right to amend these Cemetery Regulations at any time at its sole discretion following pre-approval by Council. The current Cemetery Regulations will supersede any previously published Cemetery Regulations.
12. In any disagreement or dispute regarding the interpretation or implementation of these Cemetery Regulations, the Council has the right and authority, with the Church as sole title holder of the Cemetery lands, to make and enforce the final decision with resultant actions.
Effective Date: January 1, 2026