BILL NO. 53

1st Session, 58th General Assembly
Nova Scotia
49 Elizabeth II, 2000

Private Bill

Hilden Cemetery Company Act
(amended)

Brooke Taylor
Colchester-Musquodoboit Valley

First Reading: May 9, 2000

(Explanatory Notes)

Second Reading: May 26, 2000

Third Reading: June 8, 2000 (NO COMMITTEE AMENDMENTS)

Clause 1 gives the Act a short title.

Clause 2 decreases the maximum number of directors of the Hilden Cemetery Company from seven to five.

Clause 3 provides for the Directors of the Corporation to hold office for staggered terms.

Clause 4 sets out the amount the corporation shall offer to purchase back a cemetery lot from a lot owner.

Clause 5 changes the minimum width of a lot from 3 feet to 3 feet 6 inches and the minimum length of a lot from at least eleven feet to eleven feet.

Subclause 6(1) removes a Section that required all lot holders to keep their lots in good order and that empowered the Directors to put a lot in good order at the expense of the lot holder.

Subclause 6(2) removes the right of a lot holder to fence the lot.

Clause 7 removes the right of the Directors to impose an assessment on lot holders.

Clause 8 imposes a limitation on the remains that may be interred in a lot.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 94 of the Acts of 1957, An Act to Incorporate Hilden Cemetery of Hilden in the County of Colchester, is amended by

(a) renumbering Section 1 as 1A; and

(b) adding immediately before Section 1A the following Section:

1 This Act may be cited as the Hilden Cemetery Act.

2 Section 8 of Chapter 94 is amended by

(a) adding "(1)" immediately after the Section number;

(b) striking out all that portion of that Section immediately after "seven" in the third line to the end of the Section; and

(c) adding the following subsection:

(2) Notwithstanding subsection (1), on and after the close of the first annual meeting of the members of the Corporation held after the coming into force of this subsection, the number of Directors shall be not fewer than three nor more than five.

3 Subsection 9(1) of Chapter 94 is repealed and the following subsections substituted:

(1) The Directors of the Corporation shall be elected as provided in this Section.

(1A) At the first annual meeting of the Corporation held after the coming into force of this subsection, not more than five and not less than three Directors shall be elected.

(1B) Notwithstanding anything contained in this Section, but subject to subsection 8(2), where, at an annual meeting, the members pass a resolution that the number of Directors to hold office beginning at the close of the annual meeting be more or less than the number of Directors holding office immediately before the close of the annual meeting, the term of office of each Director holding office immediately before the close of the annual meeting terminates and the meeting shall elect that number of Directors as prescribed in the resolution.

(1C) Where five Directors are elected at an annual meeting of the Corporation,

(a) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the fifth annual meeting held after the annual meeting at which the Director was elected;

(b) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the fourth annual meeting held after the annual meeting at which the Director was elected;

(c) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the third annual meeting held after the annual meeting at which the Director was elected;

(d) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the second annual meeting held after the annual meeting at which the Director was elected;

(e) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the first annual meeting held after the annual meeting at which the Director was elected; and

(f) at each annual meeting held subsequent to the annual meeting at which the Directors referred to in clauses (a), (b), (c), (d) and (e) were elected, one Director shall be elected for a term commencing at the close of that annual meeting and ending at the close of the fifth annual meeting held after the annual meeting at which those Directors referred to in clauses (a), (b), (c)(, (d) and (e) were elected.

(1D) Where four Directors are elected at an annual meeting of the Corporation,

(a) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the fourth annual meeting held after the annual meeting at which the Director was elected;

(b) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the third annual meeting held after the annual meeting at which the Director was elected;

(c) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the second annual meeting held after the annual meeting at which the Director was elected;

(d) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the first annual meeting held after the annual meeting at which the Director was elected; and

(e) at each annual meeting held subsequent to the annual meeting at which the Directors referred to in clauses (a), (b), (c) and (d) were elected, one Director shall be elected for a term commencing at the close of that annual meeting and ending at the close of the fourth annual meeting held after the annual meeting at which the Directors referred to in clauses (a), (b), (c) and (d) were elected.

(1E) Where three Directors are elected at an annual meeting of the Corporation,

(a) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the third annual meeting held after the annual meeting at which the Director was elected;

(b) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the second annual meeting held after the annual meeting at which the Director was elected;

(c) one shall be elected for a term commencing at the close of that annual meeting and ending at the close of the first annual meeting held after the annual meeting at which the Director was elected; and

(d) at each annual meeting held subsequent to the annual meeting at which the Directors referred to in clauses (a), (b) and (c) were elected, one Director shall be elected for a term commencing at the close of that annual meeting and ending at the close of the third annual meeting held after the annual meeting at which the Directors referred to in clauses (a), (b) and (c) were elected.

4 Section 15 of Chapter 94 is amended by

(a) adding "(1)" immediately after the Section number; and

(b) adding the following subsection:

(2) Where a lot is offered for sale to the Corporation and the Corporation wishes to purchase the lot, the Corporation shall purchase the lot for an amount equal to one half the market price of the lot but, for greater certainty, where the Corporation purchases a lot pursuant to this subsection, the purchaser is not entitled to any amount paid to the Corporation for perpetual care of the lot.

5 Subsection 16(2) of Chapter 94 is repealed and the following subsection substituted:

(2) Notwithstanding subsection (1), on, from and after the coming into force of this subsection all lots shall be eleven feet in length and three feet six inches in width.

6 (1) Subsection 17(1) of Chapter 94 is repealed.

(2) Subsection 17(2) of Chapter 94 is amended by striking out "fence and" in the second line.

7 Section 19 of Chapter 94 is repealed.

8 Chapter 94 is further amended by adding immediately after Section 21 the following Section:

22 Each lot may contain not more than two cremations or more than one burial and one cremation.