Holy Trinity Anglican Cemetery

Supporting the parishes of Holy Trinity and St.Andrew’s

1319 Mills Road, North Saanich, BC V8L 5T2 Office: 250-656-3223 admin@holytrinityns.org Website: holytrinityns.org/cemetery

 

BYLAWS

revised: 10 May 2025

 

1.0  Application

• Subject to provincial legislation and regulations, including but not limited to the Cremation, Interment, and Funeral Services Act (SBC 2004, c.35) and the Cemetery and Funeral Services Act (RSBC 1996, c.45), and subject to the Canons and Bylaws of the Anglican Diocese of British Columbia, the following Bylaws shall apply to the sale and provision of rights, goods, and services in the
• Formatting of this document is consistent with the Anglican Diocese of British Columbia Cemetery Bylaws document, and, as such, only those paragraphs pertaining to Holy Trinity Cemetery are

 

2.0  Definitions

• The Cemetery refers to the Holy Trinity Cemetery and is that property legally described as part of Section 12, Range 1 West PID 012-446-866 and located at 1319 Mills Road, North Saanich.
• The Parishes collectively means the Parish of Holy Trinity in North Saanich, BC, and the Parish of St-Andrew’s in Sidney,
• The Holy Trinity Cemetery (HTC) Board is the committee appointed by the incumbent and wardens of the Parishes to carry out the administration and operation of the cemetery. The HTC is to have representation from both parishes and, as a minimum, shall consist of a Sexton, a Treasurer and one of the incumbents of either Holy Trinity or St-Andrew’s. Ideally, it should also consist of one other parishioner from each of Holy Trinity and St-Andrew’s. The Board shall endeavour to meet at least twice in a calendar year, for which minutes shall be kept. The most current financial statements of the Board and the annual Sexton’s Report are to be presented as an addendum to each parish’s AGM
  • The Sexton conducts the day-to-day operation and maintenance of the HTC, handles Right to Inter and interment requests, makes arrangements for the interment of ashes and maintains all records relating to the operation of the
• The Chair refers to that person elected by the members of the HTC Board to perform the duties of chairperson for the preparation, the conduct of and the follow up of business generated from a HTC Board
• The Secretary refers to that person selected by the members of the HTC Board to take minutes for all meetings of the HTC Board and to handle all correspondence relating to the conduct of HTC Board

 

 

• The Treasurer refers to that person selected by the members of the HTC Board to manage all financial matters relating to the
• (not applicable)
• Cremated remains mean the ashes and the human bone fragments left after human remains are
• HTC no longer has the capacity to allow for the burial of human remains. Cremated remains are interred in designated plots or scattered in a designated area. Allowable interment plots are either over existing family burial plots or unused spaces. Plots are excavated (opened) before an interment and covered over (closed) after an interment. The Sexton maintains the current plot allocation plan and assigns cremation plots in collaboration with family members of the deceased.
• - 2.11(not applicable)
• Scattering refers to the non-recoverable dispersal of cremated remains over land within an area of the cemetery designated for this
• A spouse is a person who:
  1. is married to another person, or
  2. has lived with another person in a common-law relationship, as per Canadian Revenue Agency
• A parish member is a person who has attended or continues to attend either parish for not fewer than 6 months and is listed on the respective Parish List of
• (not applicable)
• A Disposition Permit is issued by an authorized agency of the Department of Vital Statistics, B.C., to the person who files the Death Certificate and the Registration of Death. The Disposition Permit is issued to the legally authorized representative of a deceased person as set out in Section 5 of the Cremation, Interment and Funeral Services Act and Regulations.

 

3.0  Filing and Custody of Plans and Cemetery Bylaws

• On request, copies of the plans and of these bylaws, plus the schedule of fees, shall be submitted to Consumer Protection BC for review and filing. Copies of these documents shall be kept available for inspection by the public at each of the parish offices, and at such other places, including on-line, as may be deemed necessary by the Sexton, or incumbents and wardens of each

 

4.0 (not applicable)

 

5.0  Qualifications for Interment or Scattering of Cremated Remains

• Persons qualifying to have their cremated remains interred or their cremated remains scattered in the cemetery are limited to:
  1. a parish member, or member of the Anglican Diocese of British Columbia;
  2. a person who has contributed to the local community in a substantial way, or;
  3. a direct relative of an existing interred or buried person in the cemetery. The incumbent or priest-in-charge of either parish may approve the Right to Inter for exceptional requests.

 

 

• The HTC Board retains the right to require written proof of eligibility as described in Section

5.1 above, in a form approved by the HTC Board or its representative.

5.3 All interments and the scattering of cremated remains are limited to humans. No pets shall be accommodated in the cemetery or on cemetery properties.

 

6.0 (not applicable)

 

7.0  Cremation Plots

• Plots are provided only for the interment of cremated remains generally known as ashes. The Sexton, on behalf of the HTC Board, assigns plots in consultation with a family representative and deals with the administration of plot assignment, the interment process, marker sizes and shapes and receipt of
• The footprint of a single plot shall be in accordance with these regulations. Regardless whether ashes are in an urn or a container, the opening into which cremated remains are interred shall have a dimension no greater than 30cm x 30cm (one foot x one foot), with a depth of no greater than 60cm (two feet). The Sexton, or designated representative of the HTC Board, has discretion to adjust the depth and size of the opening subject to the soil type, water table height, and/or the existence of tree roots or rocks. Each plot is intended for the interment of one set of human remains. In addition, the ashes of up to six close relatives may be interred over an existing occupied burial

 

8.0  Fees and Charges

• Cremation or scattering rights, and any other fees charged, shall be as set out in the Fee Schedule attached as Schedule A. The HTC Board shall review the schedule from time to time and may adjust one or more of the fees as
• Available plots are assigned as a Right to Inter upon purchase by a qualified person as defined in Section 5.1 above. Payment for the Right to Inter is to be made when the plot is reserved and

 

9.0  Operating Account and Perpetual Care Fund Account

• As set out in provincial legislation, a fund shall be established as the Operating Account for the purpose of general operations and maintenance of the
• A second bank account shall be established and be known as the Perpetual Care Fund Account into which the Treasurer or authorized HTC Board member shall deposit all specific funds received for the Perpetual Care Fund as defined in Bylaws 9.3 & 9.4. Only the interest from this fund may be used for general cemetery
• The Sexton shall collect all applicable fees before the time of interment and disperse the funds as itemized in the Fee Schedule. In due course, the Treasurer shall take from the funds received from the sale of Rights an amount equal to 25% of each Right to Inter fee and shall deposit this money into the Perpetual Care Fund
• Investment of funds in the Perpetual Care Fund Account shall be made as required by provincial

 

10.0   Interment Rights

 

 

• For each cremation plot or scattering, interment rights will be granted for the interment of cremated remains or scattering of one (1) person at a
• Interment rights may be purchased on an at-need or reserved
• From the monies realized from the Right to Inter portion of a sale or reservation of an interment plot, 25% must be set aside to the Perpetual Care
• Monies realized through the sale of an interment right purchased on a reserved basis, shall be deposited in the HTC Operating Account within 14
• The 25% Perpetual Care Fund portion of the sale of an interment right purchased on a reserved basis shall be deposited into the HTC Perpetual Care Fund account within 180 days of the receipt of
• The Sexton, or a person appointed by the HTC Board, shall issue a Right of Interment for the purchase of one or more cremation plots. This form shall be dated and signed by the Sexton or a HTC Board member. The form shall include the name and contact information of the purchaser, the designation of the selected plot(s) in accordance with the cemetery plot plan, and the fees charged. The information on the form shall be documented in the HTC
• Subject to cremation plot availability, the HTC Board reserves the right to limit or suspend the sale of reserved interment rights at any
• The HTC Board reserves the right to refuse to sell to any one individual the Right to Inter the remains of more than six persons. A purchaser of interment rights shall acquire the right to interment in the cemetery but shall not acquire any right or claim over a specific burial plot or location.

 

11.0  Return, Transfer and Reclamation of Cremation Plots

• Cremation plots which are not to be used by the purchaser or the purchaser’s heirs may be sold back to the HTC at the original price, less the Perpetual Care Fund amount, and every return shall be recorded in the HTC Registry. Alternatively, the value of any returned plot(s), less the Perpetual Care Fund amount, may be donated to the HTC and a charitable tax receipt can be issued.
• At the discretion of the HTC Board, an administrative fee may be charged for the return of rights to one or more burial
• Cremation rights may not be sold privately or publicly and are not

 

12.0   Interments - General

• The HTC Board or its representative (usually the Sexton) shall issue an Interment Authorization Form for each interment of cremated remains or scatterings, before the interment or scattering takes place. The Form shall be provided by the HTC Board or its representative immediately before the time of interment on the date of interment. It shall be completed with the information provided by the surviving spouse, family member or legal representative who must produce a copy of the Disposition Permit (formerly called the Burial Permit). Once completed, the Interment Authorization Form is signed by the family representative with a copy for the family and a copy retained by the HTC
• (not applicable)
• Only persons, contractors, or sub-contractors authorized by the HTC Board may excavate and prepare a cremation plot for an interment. Any non-parishioner, contractor or sub-

 

 

contractor must supply a proof of liability and WorkSafe BC confirmation of coverage to the HTC Board or representative, prior to any work commencing.

• Each interment must have a graveside committal performed by the incumbent or priest-in- charge of either Holy Trinity or St-Andrew’s or by a person authorized by either. Each interment must be recorded in the HTC

 

13.0 (not applicable)

 

14.0  Interments - Cremated Remains

• There is no requirement for an urn or other container to be used for the interment of cremated remains but urns are not to exceed a size of 25cm x 25cm. (10”x10”)
• Cremated remains that are not in an urn or other container shall be placed directly into the cremation plot
• If a natural inurnment is intended using an urn or container, i.e. a “green” inurnment, the container shall:
  1. be approved for use by the HTC Board or its representative,
  2. be fully biodegradable and constructed of environmentally sustainable materials, and;
  3. not have any interior non-biodegradable liner, container, bag or

 

15.0  Scattering – Cremated Remains

• The scattering of ashes in the designated area is to be treated in the same way as an interment of ashes with the exception that there is no opening of a
• An Authorization Interment Form is to be issued before the scattering takes
• The Open/Close Fee is not applied for a scattering. All other fees associated with an interment of cremated remains are
• Cremated remains to be scattered in the cemetery must not contain any non- biodegradable materials such as metals from jewellery and fasteners from
• Family members and/or friends of a deceased person are permitted to carry out the scattering of cremated remains with knowledge and approval of the officiant conducting the service.
• Once scattered, cremated remains are non-recoverable.

 

16.0   Memorialization and Markers

• The HTC Board may install a memorial structure for communal memorialization to accommodate memorial inscriptions for interment and for scattering. If needed over time, a second memorial structure may be
• No marker inscription that is inconsistent with the dignity of adjacent inscriptions, burial plots, the Cemetery, or community standards shall be placed over a cremation
• Memorial markers may be placed over cremation plots not containing any cremated remains. These commemorative markers shall be of the same type as regular markers over cremation plots. Normal fees shall be applied with the exception of fees associated with an interment such as Open/Close fees. As there is no requirement for a Disposition Permit, it is

 

 

encouraged to have the designated family member or legal representative provide the same type of information as that provided for an interment of ashes.

• No other marker, other than a marker whose shape and size conforms to these bylaws shall be placed or installed over a cremation
• Materials that will quickly deteriorate, such as wood, are not

The HTC Board reserves the right to remove and dispose of any unauthorized memorial product, object or memento from or around a specific plot without prior notice.

• A double marker may be placed over two individual side-by-side cremation plots centred over the plots. The recommended size of markers for each Section in the HTC is as follows:

Sections 1-4:               single 14” W x 12” H               double 22" W x 12" H These may be flat or of the pillow-top type and may rest on concrete slabs.

Sections 5 and 6:         single 10” W x 12”H                            double 20” W x 12” H These are to be flat and no more than 3” thick and are not to rest on a concrete slab.

• Current non-conforming features of markers shall remain, but any improvements or changes require prior approval. Markers are to name the person(s) whose remains are interred in the plot. With permission, other persons may be named in memoriam but an indication must be made that their remains are elsewhere and these names registered as

 

17.0   Flowers, Plants and Trees

• Floral tributes that accompany human remains or cremated remains as part of an interment or scattering are limited to cut flowers or foliage and may be subject to review by the HTC. Floral tributes may be removed and disposed of after a period of fourteen (14) days without prior
• Except for floral tributes accompanying an interment or scattering, no other floral tributes, artificial flowers, vase, unauthorized planting, or memorial decoration of any form or type may be placed over a cremation plot. The HTC Board reserves the right to remove and dispose of any unauthorized object, flower, or plant on a burial plot without prior
• The HTC Board shall have the right at any time to manage, maintain and/or alter the interment areas, individual memorial stones, roads, and pathways; to change or remove plantings; and to grade, alter in shape or size, or otherwise to change all or any part of the cemetery as it deems
• The maintenance of individual or family plots is the responsibility of representatives of the deceased. The HTC Board may authorize plot and/or marker remediation at the Board’s expense for plots which are considered a hazard and pose a risk of personal injury around the plot.

 

18.0  Visitors and Other General Considerations

• Visitors may visit the cemetery at any reasonable time and shall respect the sanctity of the cemetery and the objective of maintaining a natural
• Pedestrian paths and a communal memorial area shall be established and maintained for the purpose of facilitating
• Vehicle access to the burial areas is restricted and may be prohibited as deemed necessary by the HTC

 

 

• No person shall carry out any work in the cemetery unless prior permission has been obtained from the HTC Board or its representative, and all such work shall be subject to supervision by an HTC Board
• No person shall damage or deface any memorial, bench, gate, structure, or any other improvement in the
• Where there are sensitive eco-systems present, and/or where signage is present to restrict visitor access to a specific cemetery location, visitors are not permitted to access these
• Visitors are not permitted to access any cemetery area where any maintenance or construction work is taking
• The maintenance of all of the unoccupied plots and grounds within HTC remain the responsibility of the HTC Board. The Board, usually through the Sexton, will arrange to keep the cemetery grounds irrigated and drained properly, kept free of debris, have the grass cut and have trees and shrubbery tended to when

 

19.0  Disinterment and Exhumation

• Every interment of human remains, or cremated remains, shall be regarded as permanent, irreversible, and non-recoverable from the date of interment unless except where specified below.
• For buried human remains or interred cremated remains, the HTC Board shall only permit a disinterment or exhumation if required or permitted to do so under legislation, regulation, or court
• Cremated remains that were not in an urn or other container and that were interred directly into a burial plot shall be considered non-recoverable from the date the interment takes place, and the HTC Board shall have no obligation to attempt any recovery of cremated remains so
• Cremated remains interred in an urn or other container in a burial plot may be considered recoverable for a period of up to one (1) year after the date of interment. After one (1) year cremated remains interred in an urn or other container shall be considered non-recoverable, and the cemetery committee shall have no obligation to attempt any recovery of cremated remains so
• Where a disinterment or exhumation is undertaken, the interment rights holder and/or legal representative of the deceased or any other authorizing party requesting the disinterment or exhumation shall be responsible for the costs and fees associated with the provision of the service provided and the costs and fees related to the destruction and restoration of all plantings that may be affected by the performance of the disinterment or exhumation

 

20.0   Administration

• The financial year for HTC shall be the calendar year from January 1 to December
• The HTC Board shall meet at least two times each year and shall be at the at the call of the Chair. A quorum shall be one half of the
• Any changes and updates to the cemetery bylaws and forms, made by the HTC Board, must be sent to the Executive Archdeacon or their appointee, for review and
• If any discrepancy arises between these bylaws and Consumer Protection BC, the Consumer Protection BC Regulations shall take

 

 

• The forms approved by the HTC Board for the administration of the cemetery are attached as Appendices 1 and

Appendix 1.     Procedure for an Interment Appendix 2.     Fee Schedule

For inquiries about the location of loved ones in the cemetery contact  Dan LeBlanc 

at sexton@holytrinityns.org 

Click the links below for more information.