Back to top
An Act to Incorporate the Trustees of the Onslow Cemetery Company (amended)

BILL NO. 61

(as introduced)

2nd Session, 62nd General Assembly
Nova Scotia
63 Elizabeth II, 2014



Private Bill



An Act to Incorporate the Trustees of the Onslow Cemetery Company
(amended)



The Honourable Karen Casey
Colchester North



First Reading: October 24, 2014

(Explanatory Notes)

Second Reading: October 28, 2014

Third Reading: November 6, 2014 (LINK TO BILL AS PASSED)

Explanatory Notes

Clause 1 broadens the membership of the Onslow Cemetery Company to include any person who meets the membership requirements prescribed by the by-laws.

Clause 2

(a) continues the authority of the trustees of the Company to make policies and by-laws respecting the cemetery;

(b) permits the trustees to increase the number of trustees; and

(c) requires the trustees to make by-laws prescribing the requirements to be met in order to become a member of the corporation and the advertising requirements for meetings.

Clause 3 revises the possible number of trustees.

Clause 4 adds flexibility with respect to the date of the annual meeting and changes the method of advertising the annual meeting and special meetings to the method prescribed by the by-laws.

Clause 5 provides that members of the Company rather than cemetery lot holders may vote for the trustees and at the meetings of the Company.

Clause 6 removes the five-dollar limit on rates that can be assessed to lot holders for the costs of managing the cemetery.

Clause 7 authorizes the trustees rather than a committee of appointees to determine the value of lots in the cemetery.

Clause 8 replaces gender specific language.

Clause 9 provides that a lot holder may dispose of his or her lot by written transfer in accordance with any applicable policies or by-laws.

Clause 10 gives responsibility for keeping a plan of the cemetery to the trustees rather than the secretary of the Company.

Clause 11 clarifies what a lot holder may do with respect to his or her lot.

An Act to Amend Chapter 197
of the Acts of 1901,
An Act to Incorporate the Trustees
of the Onslow Cemetery Company

Be it enacted by the Governor and Assembly as follows:

1 Section 2 of Chapter 197 of the Acts of 1901, An Act to Incorporate the Trustees of the Onslow Cemetery Company, is amended by

(a) striking out "and" immediately after the comma in the second line; and

(b) adding "and any other person who meets the membership requirements prescribed by the by-laws of the corporation" immediately after "cemetery" in the third line.

2 Section 4 of Chapter 197 is repealed and the following Section substituted:

4 (1) The trustees may make policies or by-laws not inconsistent with this Act respecting

(a) the management and care of the cemetery;

(b) the ornamenting, improving, laying out and disposing of lots;

(c) the regulation of all matters essential to the management of the cemetery.

(2) The trustees may make by-laws increasing the number of trustees.

(3) The trustees shall make by-laws prescribing

(a) the requirements that must be met in order to become a member of the corporation;

(b) the manner of advertising annual and special meetings.

(4) The by-laws are of no effect until approved by the members of the corporation.

3 Section 5 of Chapter 197 is amended by adding "or such greater number as may be prescribed by the by-laws of the corporation" immediately after "three" in the first line.

4 Section 6 of Chapter 197 is amended by

(a) striking out "on the first Tuesday of April of each year, at a time and place to be named in an advertisement posted up in three public places in Onslow" in the second, third and fourth lines and substituting "by the end of April each year, at the date, time and place determined by the trustees and advertised in the manner prescribed by the by-laws of the corporation"; and

(b) striking out "posted in three public places in Onslow" in the second last line and substituting "advertised in the manner prescribed by the by-laws of the corporation".

5 Section 7 of Chapter 197 is amended by

(a) striking out "lot holders" in the second line and substituting "members"; and

(b) striking out "lot holder" in the third line and substituting "member".

6 Section 9 of Chapter 197 is amended by striking out ", but such assessment upon the lot holders shall not exceed the sum of five dollars per lot in any year" in the eleventh, twelfth and thirteenth lines.

7 Section 11 of Chapter 197 is amended by striking out "a committee of three persons appointed at an annual or special meeting" in the second and third lines and substituting "the trustees".

8 Section 12 of Chapter 197 is amended by striking out "his" in the first and the second lines and substituting in each case "his or her".

9 Section 13 of Chapter 197 is amended by striking out "his lot to any person by written transfer" in the fourth and fifth lines and substituting "his or her lot by written transfer to any person, in accordance with any policies of the trustees or by-laws of the corporation made for that purpose".

10 Section 14 of Chapter 197 is amended by striking out "secretary" in the first line and substituting "trustees".

11 Section 18 of Chapter 197 is repealed and the following Section substituted:

18 Subject to the policies of the trustees and the by-laws of the corporation, a lot holder may ornament his or her lot, including by erecting monuments and setting out plants on his or her lot.

 


This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2014 Crown in right of Nova Scotia. Created November 6, 2014. Send comments to legc.office@novascotia.ca.