BILL NO. 13

(as introduced)

1st Session, 63rd General Assembly
Nova Scotia
66 Elizabeth II, 2017

Private Bill

An Act to Incorporate Harmony Cemetery Company,
in the County of Colchester
(amended)

Larry Harrison
Colchester–Musquodoboit Valley

First Reading: September 28, 2017

Second Reading: October 17, 2017

Third Reading: October 26, 2017 (LINK TO BILL AS PASSED)

Be it enacted by the Governor and Assembly as follows:

1 Section 6 of Chapter 207 of the Acts of 1899, An Act to Incorporate Harmony Cemetery Company, in the County of Colchester, is repealed and the following Section substituted:

6 The corporation may raise any money required for the purchase of additional grounds for cemetery purposes only and for the protection and improvement of the cemetery.

2 Section 8 of Chapter 207 is amended by

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

(b) striking out everything after "corporation" in the fourth line and substituting a period; and

(c) adding the following subsection:

(2) Notice of each meeting of the trustees must be sent to all trustees and printed in a local newspaper not later than five days before the date of the meeting.

3 Section 9 of Chapter 207 is amended by striking out "by ballot," in the seventh line.

4 Section 10 of Chapter 207 is repealed.

5 Sections 13 and 14 of Chapter 207 are repealed and the following Sections substituted:

13 (1) The trustees may make by-laws not inconsistent with this Act or the laws of the Province respecting

(a) the management and care of the cemetery;

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

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

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

14 The cemetery ground or private lots are not liable for the debts of the corporation or individual members thereof.

6 Chapter 207 is further amended by adding immediately after Section 15 the following Section:

15A A lot holder who does not plan to use a lot must sell it back to the corporation for the same price as it was originally purchased.

7 Section 16 of Chapter 207 is amended by striking out "Seven" in the fifth line and substituting "Five".

8 Section 17 of Chapter 207 is repealed and the following Section substituted:

17 For greater certainty, any person who wilfully destroys any property in the burial ground of the corporation, whether there naturally or the work of art, or shall therein play any game of sport or commit any nuisance may be subject to an action of trespass or damage.

9 Section 19 of Chapter 207 is repealed and the following Section substituted:

19 No trustee or member of the corporation is personally liable for the debts or liabilities of the corporation unless the trustee or member has made himself or herself liable therefor.