BYLAWS OF THE SLOCAN LAKE GREEN BURIAL GROUND, AT NEW DENVER BC revised January 2024

1.0 Application

1.1 As well as any existing government regulations, including but not limited to the Cremation, Interment, and Funeral Services Act, the following bylaws shall apply to the sale and provision of rights and services in the Cemetery.

2.0 Definitions

2.1 The Slocan Lake Green Burial Society (S0075726) is a non-profit society with charitable status # 764392700RR0001, formed in 2021 for the purpose of establishing and maintaining a natural burial ground, or green cemetery, for the use of any persons who may choose this form of disposal of their body.

2.2 The Cemetery refers to the Slocan Lake Green Burial Ground, the property legally described as PID 031-381-251, Lot A district lot 550 Kootenay district plan EPP109928.

2.3 the Board of Directors of the Slocan Lake Green Burial Society is the five or more members elected by the members of the Slocan Lake Green Burial Society to carry out the business of the Society and the operation of the Cemetery.

2.4 The President refers to that person elected by the members of the

Slocan Lake Green Burial Society to conduct the business of the Society and for operating the Cemetery.

2.5 The Secretary refers to that person elected by the members of the Slocan Lake Green Burial Society to take minutes for all meetings of the Society and of the directors, to handle all correspondence relating to the Society and the Cemetery, and to maintain in safe-keeping all records relating to the Society and the operation of the Cemetery.

2.6 The Treasurer refers to that person elected by the members of the Slocan Lake Green Burial Society to manage all financial matters relating to the Society, including the preparation of annual budgets and financial statements, and to the operation of the Cemetery.

2.7 Human remains means a dead human body, but does not include

cremated remains.

2.8 Cremated remains means the ashes and bone fragments left after

human remains are cremated.

2.9 A burial area is a designated space in the Cemetery encompassing a number of grave sites for burying human remains and/or cremated remains.

2.10 A burial site or grave site is a space intended for interment of the body or cremated remains of one person.

2.11 Scattering refers to the non-recoverable dispersal of cremated remains over land within an area of the Cemetery designated for this purpose.

3.0 Filing and Custody of Plans and Cemetery Bylaws

3.1 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 the address of the Secretary (or the society) and at such other places as may be deemed necessary.

4.0 Natural Burial

4.1 Green burial, also referred to as natural burial, is an environmentally sensitive practice wherein the body is returned to the earth to decompose naturally.

4.2 Human remains are to be prepared for burial without embalming and buried in a biodegradable casket, container or shroud that is made from untreated, sustainably sourced wood, wicker, cardboard or natural fiber.

4.3 The Cemetery will also accommodate the disposition of cremated remains, either scattered or buried in a burial site, as long as any container used is biodegradable.

4.4 Once graves are filled, they will, unlike conventional graves, be left to become part of the natural landscape; similarly, once all of the graves in a particular burial area are utilized, the area will remain largely undisturbed in order that it may become part of the larger local ecosystem.

4.5 Specific burial sites may not be chosen or reserved, as this practice makes it impractical for the ecosystem to recover naturally.

4.6 Any plantings that are placed on or around individual graves, and the ecosystem that develops from these collective plantings, shall remain undisturbed.

4.7 Visitors shall be discouraged from finding and visiting individual burial sites, as this intrusion into a burial area has a negative impact on the developing ecosystem. Instead, visitors shall be encouraged to use the established memorial area for reflection and remembrance.

5.0 Qualifications for Interment or Scattering of Cremated Remains

5.1 Residents living within 60km distance by road from the Green Burial Ground qualify for burial in the cemetery. Beyond 60km a higher fee will be charged. Qualifications may be adjusted depending on the number of requests beyond 60km. It is no longer considered ‘green’ if the body is transported from far away. Cons

5.2 All burials and the scattering of cremated remains are limited to humans. No pets shall be accommodated in the cemetery.

6.0 Arrangements for Burial Areas

6.1 Land in the Cemetery that is suitable for burials will be divided into a number of burial areas, each designed to accommodate a number of graves.

6.2 The Board shall establish one burial area for the initial interments.

Additional burial areas will be established when most burial sites in this

area are taken.

6.3 No burial site may be reserved for any person, group or purpose.

7.0 The Size of Burial Sites

7.1 A burial site contains one grave. The size of a grave shall be the same for the interment of human remains and of cremated remains.

7.2 The size of a burial site shall be 2.4 metres (8 ft) by 1.2 metres (4 ft).

8.0 Interment Rights

8.1 For each burial site, interment rights will be granted for the interment of the human remains or the cremated remains of one person.

8.2 Interment rights may be purchased at any time.

8.3 A Board member or Board-appointed person shall issue a Right of Interment for the purchase of a burial site. This ROI form shall be dated and include the name of the purchaser, and a purchase agreement number. For purchase of multiple burial sites by one person, a separate ROI form is required for each burial site. The information on the form shall be documented in the cemetery records.

8.4 Subject to burial site use and availability, the Board reserves the right to limit or suspend the sale of early interment rights at any time.

8.5 The Board shall never sell more than fifty percent (50%) of the burial sites available from time to time on an early basis.

8.6 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 site or location.

8.7 The Board reserves the sole right and authority to assign, and shall assign only at the time of use, the specific burial site to be used for an interment.

9.0 Return of Burial Plots

9.1 The return of a burial right to the Board is limited to rights sold on an early basis. Such returns shall only be made with the sanction of the

Board, and every return shall be recorded by the Secretary or Board- appointed person. Such sanction shall not be unreasonably withheld.

9.2 An administrative fee of $120 will be charged for the return of rights for burial sites. Upon the Board’s approval of the return, the purchaser or person legally entitled to the refund will be paid the amount paid by the purchaser of the original Right of Interment..

9.3 As set out in provincial legislation and upon approval of the appropriate

authority, burial rights may be reclaimed and resold by the Board if:

a) the rights holder would be at least 100 years of age,

b) a minimum period of 50 years has elapsed from the date of purchase,

c) a minimum 90 days has passed since notice of intent to reclaim has

been sent to the holder, and

d) the Board has made diligent attempts to contact the rights holder.

However, if a burial right is subsequently required for use by the rights holder, the Board shall provide a similar burial right to the original rights holder or the person with authority for the deceased rights holder.

10.0 Interments – General

10.1 These forms are required under the Cremation, Interment and Funeral Services Act of BC, and SLGBS.

i) A Contract for Right of Interment or Right to Scatter Cremated Remains may be completed prior to death or at the time the death occurs, and is required before burial can take place. Fees are due at the time this ‘ROI’ is purchased. This form is supplied by the Society.

ii) Following any death in BC, a Disposition Permit must be obtained from the Department of Vital Statistics. A commercial funeral provider, or New Denver’s Carpenter Creek Last Wishes Society, can assist with this. The Disposition Permit is required before arrangements for burial can be made.

iii) An Authorization to Allow Interment form, provided by the Society, is then completed by the representative of the deceased person. The lower section of this form is the Permission to Inter, signed by the representative of the Slocan Lake Green Burial Society.

If cremated remains are to be scattered, a similar form of Authorization and Permission is available.

iv) If family and friends of the deceased person wish to fill in the grave following burial, a Release of Liability form will be provided.

10.2 An administrative fee will be charged when the Right of Interment is purchased earlier than required.

10.3 The Medical Health Officer may order an immediate burial of a person

who has died of an infectious disease. If a Board member or Board-designated person is not available to issue a Permission to Inter prior to such burial, the permission must be obtained as soon after burial as is practicable.

10.4 Only a person authorized by the Board may excavate and prepare a burial site for an interment.

10.5 Each interment in the cemetery shall be made in a grave dug to the depth appropriate for natural burial (4’).

11.0 Interments – Human Remains

11.1 Human remains to be interred shall:

a) not be embalmed,

b) be enclosed in a casket, container or shroud, the materials and

construction of which meet the requirements in Section 4.2, and

c) be transported to the Burial Ground in a casket, a container or a litter and shroud that allow for the dignified transport and safe handling of the remains by all designated persons. The society can supply a suitable container for transport to the cemetery.

11.2 It is the responsibility of the interment rights holder and/or the legal

representative of a deceased person to be interred:

a) to ensure the casket, container or shroud intended for the interment is

an approved container, as described in the Cremation, Interment and

Funeral Services Regulations, and

b) at the burial ground, to arrange for the dignified transfer of the human remains to the gravesite. The Board does not provide pallbearing services, but provides a wagon for transport within the cemetery.

11.3 When a burial site is excavated for use, the soil removed from the burial site will be placed immediately adjacent to the grave opening and in such a manner as to permit the safe transfer to, and lowering of the remains into the grave.

11.4 The footprint of the grave will be determined by centering the grave frame on the burial site and marking the ground at the four corners of the inner opening of the frame. The excavation should allow for a margin of at least 20.3cm (8 inches) between the edge of the excavation and the perimeter of the burial site, creating a grave both wide enough and long enough to accommodate the coffin or body.

11.5 All four sides of the opened grave must be vertical (i.e., without any deviation that might be created as the shovel or the excavator scoops out the soil), so that the coffin or body can be lowered smoothly to the bottom of the excavation.

11.6 The depth of the grave should provide for 1.22 metres (four feet) of earth between the lower level of the container and the level of the ground

surrounding the burial site. To promote natural burial the depth of the

grave should not be greater than this measurement.

11.7 Removed soil shall be returned to the grave in the reverse order from which it was removed, in order to encourage reestablishment of native vegetation.

11.8 Following an interment, soil shall be mounded on the grave and permitted to settle naturally.

11.9 The Board reserves the right to utilize such equipment and gravesite dressing as is deemed necessary to protect the safety of the persons attending the interment and the Board-authorized person, and to permit the safe and dignified interment of the human remains into the grave.

11.10 Family members and/or friends of a deceased person may be permitted to participate in the closing of a grave, providing advance arrangements have been made with the Board or Board-authorized person.

11.11 In such circumstances where persons other than Board-authorized persons participate in the closing of the grave, said persons shall:

a) be subject to supervision by Board-authorized persons,

b) follow all instructions issued them by Board-authorized persons, and

c) assume all personal liability for any injury that may occur to them as a

result of their participation in such activity and, to this end, sign any form

of release that may be required by the Board.

12.0 Approved Caskets and Containers

12.1 Caskets or containers intended for interment shall:

a) be approved for use by the Board or by Board-authorized people

prior to a scheduled interment,

b) be constructed of biodegradable and environmentally sustainable

materials,

c) if containing an interior finish, only biodegradable materials shall be used

d) not have any part, fixtures or decorations attached that are made of

plastic, metal, or other non-biodegradable material, and

e) not have any non-biodegradable item, memento or article placed inside

the space occupied by the remains.

12.2 Wooden caskets or containers shall not be finished with any synthetic materials.

12.3 Caskets or containers constructed in whole or part from chipboard, pressboard, medium density fiberboard, local or exotic hardwood, metal, or any artificial material are not permitted.

12.4 Shrouds shall be made from fully biodegradable, environmentally sustainable materials only. Queen or king size cotton, silk, hemp or linen sheets are appropriate.

13.0 Interments – Cremated Remains

13.1 There is no requirement for an urn or other container to be used for the interment of cremated remains.

13.2 Cremated remains that are not in an urn or other container shall be placed directly in the burial site soil.

13.3 When an urn or container is to be used for interment of cremated remains, it shall:

a) be approved for use by the Board or Board-Authorized person prior to a scheduled interment,

b) be fully biodegradable and constructed of environmentally sustainable

materials, and

c) not have any interior non-biodegradable liner, container or bag

13.4 The footprint of the grave should be centered within the burial site.

Whether or not in an urn or other container, the depth at which cremated remains are buried should provide for 2 feet of earth above the remains.

14.0 Scattering – Cremated Remains

14.1 Cremated remains may be scattered in an area designated as such.

14.2 A form for Authorization to Allow Scattering of Cremated Remains will be supplied by a Board Member or Board appointed person. The upper part of this form will be filled out by the legally authorized representative of the deceased person. The form will be returned and its lower part, the Permission to Scatter section, will be completed by the Board or Board-appointed person before scattering can take place.

14.3 A fee will be charged for issuance of a Permission to Scatter Cremated Remains.

14.4 Cremated remains to be scattered in the Cemetery must not contain any non-biodegradable materials such as metals from jewelry and fasteners from clothing, etc.

14.5 Family members and/or friends of a deceased person are permitted to carry out the scattering of cremated remains. Scattered ashes may be covered with material from a pile of dead leaves and other small pieces of composting vegetation that is maintained in the area for this purpose. The process for this activity should be discussed in advance with a Board member or Board-authorized person.

14.6 Cremated remains may be scattered unless it is determined that the volume of ashes is changing soil chemistry. If this occurs, the Board will decide on an alternative area for the scattering of cremated remains.

14.7 Once scattered, cremated remains are non-recoverable.

15.0 Memorialization

15.1 The Board will install memorial boulders for communal memorialization to accommodate memorial plaques.

15.2 Every burial will be memorialized on a plaque on the memorial boulders. However, for the scattering of cremated remains, a plaque is optional.

15.3 The Board or Board-authorized person will arrange installation of plaques.

15.4 No plaque shall be installed on the memorial boulders until all outstanding indebtedness to the Board relating to the burial site, interment and plaque has been paid in full.

15.5 The Board reserves the right to determine when any plaque will be attached to the memorial boulders. At a minimum, they will be attached twice in each calendar year.

15.6 As well as the memorial boulders, individual graves may be marked with a small marker no more than 10 centimeters (4 inches) above the ground, and no larger than 200 square centimeters (31 square inches) in area, to be made of indigenous materials only.

15.7 Where small markers are used on individual graves, no steps shall be taken over time to remove or otherwise interfere with regenerating vegetation that may cover the marker. Family members and/or friends of the deceased person considering such markers shall be informed of this regulation.

15.8 No other memorial shall be placed or installed on or around a burial site.

15.9 The Board shall have the right at any time to reposition, move, relocate, or otherwise make changes to the memorial boulders subject to compliance with the requirements of the Cremation, Interment and Funeral Services Act.

15.10 The Board reserves the right to remove and dispose of any unauthorized memorial product, object or memento from a specific burial site or burial area, without prior notice, in order to protect the natural vegetation.

16.0 Flowers, Plants and Trees

16.1 Floral tributes that accompany human remains or cremated remains as part of an interment or scattering are limited to cut flowers or foliage from local residential properties, and may be subject to review by the Board or Board-authorized persons, to prevent introduction of potentially invasive or nuisance flora. Floral tributes may be removed and disposed of after a period of seven days without prior notice.

16.2 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 on a burial site. The Board reserves the right to remove and dispose of any unauthorized object, flower or plant on a burial site without prior notice.

16.3 Indigenous plantings may be used after burials to discourage incursion of the area by undesirable plants. To maintain a balance of species in the Cemetery, selected shrubs, ferns and ground cover may be transplanted only by members of the Board or Board-Authorized persons.

16.4 Only indigenous trees, plants and ground cover native to and typical of those found in the climatic zone of New Denver will be planted.

16.5 Planting will ideally be done as seasonally recommended for the type of planting to be made. This could mean that a burial that takes place in winter may not have vegetation planted on that grave until the following spring.

16.6 The Board shall have the right at any time to manage, maintain and/or alter the interment areas, individual memorial items, 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 fit.

16.7 The Board will make reasonable efforts to ensure that best environmental practices are employed in all Cemetery maintenance tasks.

17.0 Visitors and Other General Considerations

17.1 Visitors may visit the Cemetery at any time, and shall respect the integrity of the Cemetery and the objective of maintaining a natural setting.

17.2 Pedestrian paths and a communal memorial area shall be established and maintained for the use of visitors.

17.3 The visitation of individual graves shall be discouraged, due to the potential for negative environmental impact on the trees and plants.

17.4 Vehicle access to the burial areas is restricted, and may be prohibited as deemed necessary by the Board.

17.5 No person shall discharge firearms in the Cemetery.

17.6 No person shall carry out any work in the cemetery unless prior permission has been obtained from the Board or Board-authorized person, and all such work shall be subject to supervision.

17.7 No person shall damage or deface any memorial, bench, gate, structure, or any other improvement in the cemetery.

18.0 Disinterment and Exhumation

18.1 Every interment of human remains or cremated remains shall be regarded as permanent, irreversible and non-recoverable from the date of interment.

18.2 For interred human remains, the Board shall only permit a disinterment or exhumation if required or permitted to do so under legislation, regulation or Court order.

18.3 Cremated remains that were not in an urn or other container and that were interred directly into a burial site as per section 8 of these bylaws shall be considered non-recoverable from the date the interment takes place, and the Board shall have no obligation to attempt any recovery of cremated remains so interred.

18.4 Cremated remains interred in an urn or other container in a burial site may be considered recoverable for a period of up to one year after the date of interment, after which they will be considered non-recoverable. The Board shall have no obligation to attempt any recovery of cremated remains so interred.

18.5 For interred cremated remains, the Board shall only allow a disinterment or exhumation if required or permitted to do so under legislation, regulation or Court order.

18.6 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. Costs and fees related to the destruction and restoration of all plantings that may be affected by the performance of the disinterment or exhumation service will be added.

18.7 The Board reserves the right to refuse to perform any disinterment or exhumation services except where ordered by the Court. See Section 16 of the Cremation, Interment and Funeral Services Act.

19.0 Fees and Charges

19.1 Fees for the purchase of burial rights, and for later steps relating to these rights, shall be set out in a fee schedule that is readily available to the public. Fees relating to the scattering of cremated remains shall be included in the schedule. The Board shall review the schedule from time to time, and may adjust one or more of the fees as is necessary to cover the cost of the related services.

20.0 Administration

20.1 The financial year for the Cemetery operations shall be the calendar year from January 1 to December 31.

20.2 The sequence of steps required for the provision of various cemetery services is set out in the above bylaws. The agreements and application forms pertaining to these steps are in the accompanying appendices.

21.0 Special Circumstances

21.1 In these bylaws, the Board has endeavored to anticipate the issues and situations that will arise in the operation of the Cemetery. The Board is mindful of the likely need to have to respond to occasional special and unanticipated circumstances. In such circumstances, the Board may, in its sole discretion, authorize the carrying out of appropriate action (or inaction) even though that action (or inaction) does not comply with these bylaws. However, in all cases the requirements of the Cremation, Interment and Funeral Services Act must be met.