Approved by the Board on 12 June 2013
Interpretive Ruling #3: Return of Interment Rights
By-law: Operations By-laws, Section 10 b, states that:
“Following the 30-day cooling off period, a Purchaser may still cancel an Interment Rights purchase if the purchase has not been made in full and an Interment Rights Certificate has not been issued. Upon receiving written notice from the purchaser of the interment rights, Jewish Memorial Gardens will cancel the contract and issue a refund to the purchaser for the amount paid for the interment rights less the appropriate amount that is required to be deposited into the Care and Maintenance Fund and less an administration charge. This refund will be made within thirty (30) days of receiving said notice. If the interment rights certificate had been issued to the interment rights holder(s), the certificate must be returned to Jewish Memorial Gardens along with the written notice of cancellation.”
Question: Does it matter when the interment rights were purchased? When I bought some years ago, it was understood that the lot could be returned if there was good reason.
Answer: Yes, the date of purchase does matter.
The current By-laws were written to conform to the Cemetery Act that came into force on July 1st, 2012.
Before 1 July 2012
If the interment rights for a lot or a plot were purchased before July 1st, 2012, and, (a) in the case of a lot, if the interment rights for that lot has not been used or (b) in the case of a plot, none of the individual lots has been used, then the contract may be cancelled and returned to JMG.
The purchase price will be refunded less the 40% of the purchase price already sent to the Care and Maintenance fund and less the amount of the administration charge appropriate to a re-sale transaction.
This applies even if the purchase price has not yet been paid in full.
After 1 July 2012
If the interment rights were purchased on or after July 1st, 2012:
- if the purchase price has been paid in full, the contract may not be cancelled and returned to JMG.
The interment rights owner may sell the rights on the open market. In order to so do, the owner should consult the JMG By-laws regarding conditions of re-sale and should examine the re-sale certificate that will be used. - if the purchase price has not yet been paid in full, the contract has not been completed and may be cancelled.
The purchase price will be refunded less the 40% of the purchase price already sent to the Care and Maintenance fund and less the amount of the administration charge appropriate to a re-sale transaction.
