Cemetery Rules and Regulations

1.1 These rules and regulations can be referred to as Rules and Regulations Booklet No. 8

1.2 These are adopted in accordance with the Act of Incorporation of The Congregation of the Catholics of Quebec Speaking the English Language. Their purpose is to regulate the general management of the parish cemetery, the burials and exhumations taking place therein, the concession of lots and the rights and obligations of the concessionaire.

a) “Congregation” means the Congregation of the Catholics of Quebec Speaking the English Language;

b) “Parish” means St. Patrick’s Parish, another name of the Congregation mentioned above.

c) “Cemetery” refers to St. Patrick’s Cemetery held by the Congregation of the Catholics of Quebec Speaking the English Language and is the sacred place intended for the interment, in accordance with the Roman Catholic rite, of the bodies and ashes of the deceased.

(d) “Lot” refers to a portion of land leased by contract whose dimensions are determined by St. Patrick’s Cemetery.

(e) “Memorial land” refers to a portion of the Cemetery grounds used for burials that are not carried out in lots.  The part of the cemetery, in consecrated land, used for the burial of human remains or deposit of ashes and also receives human remains removed from a lot whose concession has expired, abandoned or delivered, in writing, to the Cemetery by the concessionaire or his family.

(f) “Concession” refers to the right to burial in a lot of the cemetery.

(g) “Concessionaire”  refers to a Roman Catholic person or a Non-Roman Catholic member of a Roman Catholic family who, by virtue of a contract of concession and in accordance with the Law, has the right of being buried and of having human remains buried in a specified lot of the cemetery.

(h) “Memorial” shall include monument, tombstone, headstone, or flat marker.

(i) “Cemetery Superintendent” “Superintendent” as used herein shall mean the employee agent of the Parish, duly appointed for the purpose of overseeing the Cemetery operations.

(j) “Maintenance” Action of keeping the cemetery in good condition by carrying out, as needed, repairs and work deemed necessary including grass cutting, landscaping including various installations, roads, signage, parking, irrigation, sewerage, drain, fence.

1.1 As the Cemetery is a sacred place, visitors and staff must conduct themselves in a manner that respects this character.

1.2 The Cemetery is intended for the interment of persons entitled to Christian burial according to the rules of the Roman Catholic Church .Determination of the issue of the propriety of burial of a non-Catholic member of a concessionaire’s family or of any person not entitled to Christian burial according to the rules and discipline of the Roman Catholic Church shall be within the sole discretion of the Parish priest.

1.3 The Cemetery under the authority of the Superintendent, reserves the right to refuse admission and usage of Cemetery’s equipment or facilities at any time to any person (s) whom the Cemetery or Parish may deem objectionable to the best interests of the Cemetery.

2.1 Lots are intended for the interment of bodies or cinerary urns.

2.2 Burial of ashes in above-ground urns is prohibited by the Cemetery and Diocese authorities.  This prohibition applies to all urns locked in containers designed for this purpose. Burial of the bodies or ashes of pets is also prohibited.

2.3 Forbidden for any concessionaire to build or erect a vault, chapel or private mausoleum on his lot.

Right to inter body or ashes by a person (concessionaire) who purchased by contract interment rights in a lot at St. Patrick’s Cemetery.

3.1 There can be only one concessionaire per lot and there can be no common ownership.  However, any individual, legal, religious community or organization accepted by the Congregation may be a concessionaire.

3.2 The concession of a lot does not give the right of ownership but confers the right to inter as a burial place, in accordance with this regulation.

3.3 Concessions, grants and arrangements entered into by notarial deed from 1856 to 1875, concessions, grants and arrangements entered into during the administration of the Redemptorists from 1875 to 1985, and concessions, grants and arrangements entered into by the Pastor and/or Trustees from 1985 to September 6, 2000 are recognized, accepted, and remain in force notwithstanding the rules and regulations. 

3.4 Only those persons authorized by the Congregation to sign on its behalf can grant a concession contract giving a right to bury and this in writing. 

3.5 The concessionaire is responsible for informing the Parish of any changes to their contact information.

3.6 The concessionaire cannot, under any circumstances, sell his lot.  A title transfer can be made through the Parish. However, the concession may be transferred by donation or bequest but cannot be sold or otherwise cashed.

3.7 The transfer must contain the concessionaire’s name, address and express statement that the new concessionaire accepts all obligations of the concession agreement.

3.8 Any concessionaire who transfers his rights in a lot waives the right of burial for his family for the benefit of the family of the new concessionaire.

3.9 The new concessionaire must comply with the regulations in force as well as any future regulations promulgated by the Parish.

3.10 The duration of the concession of a lot, its maintenance as well as the number of places available are determined by the Direction of the Parish.

Lots are awarded through a contract that includes: the concessionaire’s name, address, identification of the lot, price, payment and duration of the concession, as well as the name and contact information of a second person chosen by the concessionaire.

4.1 In the absence of a second person in the original contract, the concessionaire’s rights are, upon his death, to the following persons in the order mentioned below: 

1. Surviving spouse
2. In the absence of the surviving spouse, the eldest child, 
3. In the absence of surviving children, the surviving siblings.

4.2 Anyone claiming to have a right to a lot must provide proof by serving the Parish a copy of the documents establishing that right.  In the event of a conflict that cannot be resolved by the provisions of this regulation, this conflict will have to be resolved by the judicial authority.  However, the rights of the registered concessionaire remain valid unless the court decides otherwise.

4.3 A concession contract between the Parish and a concessionaire binds the heirs, rights holders, or representatives of the concessionaire.

4.4 A concession is non-transferable and non-sizeable except in the cases provided for in this regulation.

4.5 The duration of a concession of a lot is for 99 years from the signature date of the contract and its maintenance is 50 or 99 years… At the expiration of the 99-year term the lot must be renewed to the registered concessionaire or his successor or entitled if request is made and payment done.

5.1 No burial can take place in a lot until this lot has been paid at the discretion of the Parish and authorisation given to the Superintendent of the Cemetery by the Parish.

5.2 If a person requires an ecclesiastical burial and does not have access to a lot or does not have the financial resources required for such a burial, a permission to the Parish must be requested.

6.1 The concessionaire has the right to be buried there if he is entitled to the ecclesiastical burial.  It may also allow the burial in its lot of any person who is entitled to the ecclesiastical burial.  The permission of the Ordinary is required in cases of persons who are not entitled to such a burial.

7.1 The concessionaire will designate in writing his successor who will be considered a legitimate holder.  In the absence of such a provision, the lot will be devolved, after the death of the concessionaire, to the surviving spouse, and if there is none, to the surviving children in the order of birth from the eldest and that new holder will be considered the rightful holder.

7.2 The concessionaire may bequest his lot by will or gift.  In the absence of such provisions, the lot will be devolved to its nearest heir considered by law as legitimate concessionaire. However, when several persons,  can validly claim to have inherit a lot without being able to attribute it to any of them, they must agree to cede their right to a single person and inform the Parish as soon as possible.  Anyone claiming to have rights to a lot must provide proof by serving the Parish with copies of the documents establish the rights.

7.3 In the event of a conflict that cannot be resolved by the provisions of this regulation, it will have to be tried by the judicial authority.  However, the rights of the contracted concessionaire remain valid unless the court decides otherwise.

7.4 When a lot has been transferred by donation, bequest or death from the concessionaire, the new concessionaire must inform the Parish in writing and produce the documents attesting to its right to the lot.

8.1 Parish may repossess any concession whose price has not been fully paid under the terms of the contract and retain all amounts collected as damages and administration costs.

8.2 When a concession is taken back due to payment default, the coffins and/or urns in this lot will be placed in the Cemetery memorial land.

8.3 In accordance with the Roman Catholic Cemeteries Companies Act (L.R.Q.C-40.1) the Cemetery may take over any lot abandoned for more than thirty (30) years, after having taken the steps provided for by law.

8.4 Is presumed abandoned, any lot which the concessionaire, heirs or rights holders have not come forward for more than thirty (30) years and whose payment of the lot and its maintenance has been due for five (5) years or more.

8.5 In the event that the Parish takes back a lot, in accordance with this regulation, any monument erected there becomes the property of the Cemetery.

9.1 In the event that a concessionaire gives a valid written indication of his willingness to no longer care for his lot and to hand it over to the Parish which reserves the right to take possession of the lot even if it is occupied by bodies or ashes, by a monument or other distinctive signs and dispose of it as it sees fit without the interested parties being entitled to an appeal, compensation or refund.

9.2 In the event of the death of a concessionaire and his heirs intend to refuse the concession, they must agree unanimously among themselves and notify the Parish in writing of their official refusal.

10.1 In the event that the lot, initially granted by the Cemetery and handed over by the concessionaire to a successor or cemetery, has already been used for the burial of bodies or ashes and has been more than 90 years since the last burial, the new concessionaire may reuse the lot.

11.1 a.The Cemetery will keep the maintenance of the lot for which the concessionaire will have to pay the amounts required for this purpose when acquiring or renewing the concession.

11.1b The concessionaire must maintain his monument in good condition and remains responsible at all times for any damage caused to his monument.

11.2 The Parish is responsible for the maintenance of the lot and the concessionaire is responsible for the maintenance of any monument erected thereon.

11.3 Maximum of two decorative granite bollards at ground level (6’’X6’’)  are permitted. Fences, stockades or other enclosures are not permitted around a lot.  It is also forbidden, under pain of removal with costs, to plant or cultivate trees, shrubs, plants or like items. 

11.4 It is strictly forbidden to pluck flowers from the graves or in any way to despoil them of their ornaments. Acts of vandalism such as cutting or hacking trees, pulling up plants or shrubs, breaking off Parishes, disfiguring monuments, defacing fences, building and so on by graffiti, will be punished with the full vigour of the law.

12.1  Any monument must be installed on a concrete foundation with the Cemetery prior authorization Dimensions of the foundation must be 5.08cm (2 inches) wider than the base of the monument and, if incorrect dimensions have been given on the application form, the foundation will be removed and rebuilt by Cemetery staff at the expense of the concessionaire.

12.2 No Monument and funeral work may be installed or removed until the Cemetery has given permission to do so.  Any damage caused by this work will be the responsibility of the concessionaire.  Only companies authorized by the Cemetery and with the necessary insurance coverage can install or remove the monuments. 

12.3 Monuments must be made of granite, carved stone or bronze.  All other materials are prohibited.  The concessionaire must, when purchasing a monument, respect the environment and avoid any exaggeration in its dimensions to preserve the sobriety that reigns in the Cemetery.  Only one monument is allowed per lot.

12.4 The Cemetery Superintendent reserves the right at all times to approve the kind, size, design, symbolism, craftsmanship, quality and material of memorials, inscriptions, monuments or markers placed or to be placed in the Cemetery.  All memorials are subject to prior approval by Superintendent and acceptance or rejection shall be based on such approval.

12.5 Only one monument per lot and the lot number may be inscribed at the bottom of the monument.

12.6 The length of the base and the height of the monuments are determined by the Parish according to the divisions and sections of the Cemetery plan.  Lots with monuments can be granted depending on the sections.  

12.7 The name of the monument’s manufacturer can only be inscribed at the bottom of it and on a surface not exceeding 2.5cm by 10cm. 

12.8 On the written request of the Parish, the concessionaire will be required to make any repairs to his monument within a reasonable time.  Failing that, the Parish will be able to remove the monument, execute or carry out repairs deemed necessary, at the concessionaire’s expense. 

12.9 Parish may, after a written notice to the concessionaire who does not comply with section 14.10, dispose of any monument or other object removed.

13.1 No decoration is permitted on the lot, except flowers that must be placed either on the monument or on its base and should not interfere with work in the Cemetery and maintenance activities in general.

13.2 The Cemetery may cut and remove, at the concessionaire’s expense, any plants (flowers, shrubs, etc.) that are in an unauthorized area and would be harmful to operations in the Cemetery or whose appearance would leave something to be desired.

13.3 The concessionaire will be held responsible for any accidents that may occur and damage to machinery if he places prohibited accessories on his lot or lets another person place prohibited accessories. 

13.4 Any decoration that does not respect the Roman Catholic rite is prohibited.

13.5 It is forbidden to place lamps, light fixtures, vases, bouquets or other objects on the floor.

13.6 Any manipulation of monuments, plaques or cinerary urns must be carried out by a representative of the cemetery.

13.7 No object may be glued or installed on the monument without the permission of the Parish.

14.1 The Cemetery will not be liable for damage to the concessionaire’ property as a result of expropriation or any decision made by senior civil or religious authorities regarding the operation of the cemetery.

15.1 The Cemetery is open to visitors every day from 8 a.m. to 5 p.m., from May 1 to October 31 each year.

15.2 Children are not permitted to enter the Cemetery unless accompanied by their parents or a responsible adult. 

15.3 Dogs unless on leash or other pets and animals are not allowed in the Cemetery

15.4 Bicycles, roller skates or similar forms of locomotion are not permitted in the Cemetery.

15.5 When permitted, vehicles entering the Cemetery shall be driven at a man’s step and only on the avenues. 

15.6 A parking lot is available to visitors at the South Gate. 

15.7 Funeral motorcade will enter by the North gate located at 1601 Chemin St-Louis.

15.8 The Superintendent of the Cemetery has the right to enforce all the cemetery’s regulations and may use all means at his or her disposal to maintain good order.

15.9 All Cemetery business must be concluded at St. Patrick’s Presbytery during normal working hours.

15.10 The Parish reserves the right to prohibit winter burials (from November 15 to May 15.)

16.1 The parish maintains a Cemetery register containing, for each of the lots, a page where are inscribed:

• Lot number 
• Date of the maintenance contract
• Concessionaire’s name and address
• Name and address of the person to whom the concessionaire transferred it (if applicable)
• Payment details
• Names and dates of those buried in the lot.

17.1 Subject to acquired rights, the administrators of the Congregation of the Catholics of Quebec Speaking the English Language reserve the right to modify, amend, repeal and replace these regulations at any time, when they deem such changes necessary for the good of the property of St. Patrick’s Cemetery or parishioners.