S.M. 1989-90, c. 78
Bill 101, 2nd Session, 34th Legislature
The Riverside Cemetery Board Act
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(Assented to March 15, 1990)
WHEREAS The Rural Municipality of Dauphin and The Town of Dauphin are served by a cemetery situated in and owned by The Rural Municipality of Dauphin;
AND WHEREAS it is considered advisable that the general management, regulation and control of the cemetery and of all property both real and personal related to it be vested in and exercised by a joint cemetery board;
AND WHEREAS the Minister of Justice has caused this Act to be prepared in English and French for re-enactment in accordance with a judgment dated June 13, 1985 and an order dated November 4, 1985 of the Supreme Court of Canada;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The general management, regulation and control of the cemetery and of all properties both real and personal related to it are vested in and shall be exercised by a board, which shall be composed of two members of the council of The Rural Municipality of Dauphin, appointed by the council of The Rural Municipality of Dauphin, and two members of the council of The Town of Dauphin, appointed by the council of The Town of Dauphin, and a chairperson who is elected by the appointed members and who shall be a resident of The Rural Municipality of Dauphin or of The Town of Dauphin and who shall not be a member of the council of either place.
2 The persons who are from time to time members of the board established under section 1 are hereby created and constituted a body corporate under the name "Riverside Cemetery Board".
3(1) Each of the councils shall at its first meeting in each year appoint its members to the board, and each member of the board shall hold office for one year or until a successor is appointed.
3(2) The chairperson of the board shall hold office for one year or until a successor is elected.
3(3) In the case of the death or resignation of a member of the board, the council that originally appointed the person shall appoint a successor for the balance of the term.
3(4) In case of the death or resignation of the chairperson, the board shall elect a successor.
4(1) The Rural Municipality of Dauphin shall transfer and convey to the board all the following lands, including all rights-of-way, now held by it for cemetery purposes:
Parcel 1: The most Westerly 660 feet of the most Southerly 726 feet of the North-East quarter of Section 4, in Township 25, in Range 19, West of the Principal Meridian in Manitoba, excepting the most Southerly 66 feet;
Parcel 2: The most Southerly 66 feet of the North-East quarter of Section 4, in Township 25, in Range 19, West of the Principal Meridian in Manitoba, excepting that portion taken for a public road and shown coloured pink on a plan deposited in the Dauphin Land Titles Office as No. 1104;
Parcel 3: Lot 28, which lot is shown on a plan of special survey of the South-East quarter of Section 4, in Township 25, in Range 19, West of the Principal Meridian in Manitoba, registered in the Dauphin Land Titles Office as No. 1893.
4(2) The board may obtain title to such land as is necessary for its corporate purposes, and may dispose of it when it is no longer required for those purposes.
5 The board may, by by-law, establish rules and regulations governing the operation of any cemetery under its control.
6 The secretary-treasurer of The Rural Municipality of Dauphin shall be the secretary-treasurer of the board; and all funds belonging to the board shall be held by The Rural Municipality of Dauphin and disbursed by it as authorized by resolution of the board.
7(1) The board shall, within twelve months after this Act comes into force, establish a fund for perpetual up-keep and care of graves in the cemetery and by resolution appoint a trust company as trustee of the fund.
7(2) From all moneys received from the sale, lease or rental of space in the cemetery, the board shall deduct and set aside for the trust fund those portions of moneys prescribed in the by-laws or resolutions of the board.
8 The board shall, at least once in each year, pay to the trustee all monies deducted and set aside for the fund.
9 The board may accept from any person, or from the legal representative of a deceased person, a sum of money for the fund, and money so received shall be paid to the trustee.
10 Subject to section 11, perpetual care funds paid to the trustee shall not be returned to the board, but shall form a trust in the hands of the trustee for the purposes referred to in this Act.
11(1) Subject to The Trustee Act, the trustee shall invest on behalf of the board all perpetual care funds received from the board and shall pay the income to the board annually, less an amount of reasonable remuneration for its services as may from time to time be agreed on, and any disagreement as to remuneration shall be referred for final adjudication to a judge of the Queen's Bench.
11(2) The board shall use the monies paid to it under subsection (1) solely for the purposes of perpetual care.
12(1) All funds and securities held by The Rural Municipality of Dauphin for the purpose of the cemetery shall be paid to the board within three months from the date this Act comes into force.
12(2) All funds and securities held by The Rural Municipality of Dauphin for the perpetual care of graves in the cemetery shall be paid into the fund established under subsection 7(1).
13 Part III (perpetual care funds) of The Cemeteries Act does not apply to the board.
NOTE: The original Act is found at S.M. 1964, chapter 67.