Transferring Cemetery Ownership

When JCMI is approached by an organization with the intent of asking JCMI to assume ownership and management of their cemetery and lands, at the initial meetings between negotiators, the organization’s representative shall be informed of the documents to be brought along to the next meeting.
• Copy of their Cemetery By-Laws as filed with the ministry, financial records pertaining to cemetery matters, 5 years of statements from the Trustee of the C & M Fund, and the last 5 annual filings with the Ministry.
• Allow JCMI to review/audit their cemetery records to ensure the C & M Fund is adequate. Location and name of the Trustee holding the C & M Fund and account number.
• Copy of an up-to-date cemetery map, which would include record of all interments.
• List of lot reservations, disclosure of any special arrangements or reduced rate lots.
• List of names and telephone numbers of all current executive officers, cemetery chairman and names of membership entitled to cemetery privileges.
• Copy of Cemetery rules showing any religious and other conditions for burials and headstones. Verify that cemetery rules will allow for a takeover.
• Verification that the Association [Society] is current and not in arrears of any dues/assessments or other charges owing the cemetery association.
• Negotiate a method of notifying the Association [Society] membership of the change in Cemetery management and what fees will be required to be paid at the time of need. Supply a list of the members who have received Certificates of Interment Rights.
• Notwithstanding that some of the aforementioned conditions are not met, JCMI may nonetheless proceed with the transfer of ownership and management after it is satisfied that all efforts to comply with our requirements have been exhausted.
• A letter is to be drawn to the Registrar, Cemeteries Branch, Ministry of Consumer Affairs, giving permission for their Trust Fund to be transferred to JCMI.
• All outstanding debts and/or promises for funds must be declared. These items must be completed prior to the transfer of Title. As well, any cemetery (land/monuments/fences/retaining walls) deficiencies must be corrected and paid prior to transfer of Title.
• Headstone/Foundation Inventory and repairs
• Special Meeting of the Association [Society] Membership is to be called and resolutions passed to verify the ability of the Officers to transfer ownership of the cemetery to JCMI. In each case, this will involve an examination by our Counsel of the Corporate documents and resolutions.
• At the time of agreement signing, a list of the general membership, those members who have reservations and which have received Certificates of Interment. Names, addresses, Postal Code, Lot numbers, persons authorized to deal with the Corporation, contact numbers, etc.
• Notice to membership of JCMI takeover (which should include information to outline amounts owing) to obtain a certificate

TRUST DEPOSIT CALCULATIONS
March 31, 1955 = $0
April 1, 1955 – December 31, 1990 = $30
January 1, 1991 to June 30, 2012 = $150* + $100** = $250
July 1, 2012 to Present = $250* + $100** = $350

Mandatory Government Charges
• * Plot-Care and Maintenance
• **Headstone-Care and Maintenance

Calculate the number for each category above x the charge listed = deposit total.
Add the three total categories to obtain theoretical total trust amount on deposit.