5 The short title of this Act is the Beechwood Cemetery Company Act, 2017 — Private Bill PR72 (41st Parliament, 2nd Session)

Bill PR72, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO ELIZABETH II, 2017 Bill Pr72 (Chapter Pr17 of the Statutes of Ontario, 2017)

An Act respecting the Beechwood Cemetery Company Mme N. Des Rosiers 1st Reading October 31, 2017 2nd Reading December 14, 2017 3rd Reading December 14, 2017 Royal Assent December 14, 2017 Bill Pr72

An Act respecting the Beechwood Cemetery Company

Preamble The board of d irectors of the Beechwood Cemetery Company (“the company”) has applied for special legislation to amend

An Act to incorporate “The Beechwood Cemetery Company of the City of Ottawa” , being

chapter of the Statutes of Ontario, 1873. That Act was amended by Acts en acted in 1894, 1914, 1921, 1928, 1962-63 and 2013. The company is also governed by The Beechwood Cemetery Company of the City of Ottawa Act, 1956 . The applicant represents that the c ompany owns and operates Beechwood Cemetery in Ottawa, which, in addition to serving all cultural and faith communities in Ottawa and the surrounding areas, is the National Cemetery of Canada, a National Historic Site, the National Military Cemetery of Canada, and an RCMP National Memorial Cemetery .

The applicant would like to amend the Act to take into account changes to the laws of Ontario governing corporations and cemeteries and to modernize some of the provisions relating to the govern ance of the board of directors.

The proposed amendments are: to increase the term limit of directors on the board of d irectors from one year to three years; to provide that the written consent of at least 80 per cent of the directors of the board shall be required to authorize the sale or other disposition of any of the lands owned by the c ompany; and to repeal certain provisions concerning the earned surplus of the company that are obsolete and inconsistent with provisions of the Funeral, Burial and Cremation Services Act, 2002. It is appropriate to grant the application.

Therefore, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: 1

Section of

An Act to incorporate “The Beechwood Cemetery Company of the City of Ottawa” , being

chapter of the Statutes of Ontario, 1873, as re-enacted by

section of the Beechwood Cemetery Company Act, 2013 , is repealed and the following substituted: Company may acquire certain lands 3

(1) The company may acquire, take and hold a lot or tract of land within the former Township of Gloucester, now in the City of Ottawa, not exceeding acres. Company may dispose of rights to land

(2) The company may sell or transfer interment or scattering rights with respect to the land described in subsection (1) in lots, plots or parcels to be used exclusively as a cemetery or place of burial for the dead. Form of certificate

(3) The interment or scattering rights certificate for a sale or transfer of interment or scattering rights with respect to any lot, plot or parcel of land in the cemetery shall be in the appropriate form required by law. Approval by board

(4) The sale or other d isposition of any land of the c ompany, other than such sales or transfers of interment or scattering rights in respect of a lot, plot or parcel of land for a cemetery or place of burial for the dead as contemplated by this sec tion, shall require the signed written approvals of at least 80 per cent of the directors of the board of directors. 2

Section of the Act, as re-enacted by

section of

An Act respecting The Beechwood Cemetery Company of Ottawa , being

chapter of the Statutes of Ontario, 1914, and by

section of

An Act respect ing The Beechwood Cemetery Company of the City of Ottawa , being c hapter of the Statutes of Ontario, 1962 -63, is repealed and the following substituted: Dividends 4

(1) Dividends on the issued shares of the company may be declared and paid by its direc tors out of net profits or earned surplus of the company, but no dividend shall be declared or paid in any fiscal year in an amount in excess of $7 per share. Earned surplus. endowment reserve

(2) All net profits in each fiscal year after payment of or pr ovision for dividends, if any, under subsection (1) shall be applied to the preservation, improvement and embellishment of the cemetery. 2

Section of the Act, as re-enacted by

section of

An Act respecting the Beechwood Cemetery Company of Ottawa , being

chapter of the Statutes of Ontario, 1921 and by

section of the Beechwood Cemetery Company Act, 2013 , is repealed and the following substituted: Board of directors 6

(1) The board of directors of the company shall manage the affairs of the company. Number of directors

(2) The number of directors on the board of directors shall be a number established by the company’s by -laws that is no less than seven and no more than 15. Quorum

(3) A majority of the directors constitutes a quorum. Election

(4) The directors shall be elected by the shareholders of the company in accordance with the by -laws. Term of office

(5) Each director shall hold office for three years or until his or her successor is elected. Commencement This Act comes into force on the day it receives Royal Assent.

Short title The

short title of this Act is the Beechwood Cemetery Company Act, 2017.

Document details

Collection	Ontario — Bills
Citation	Bill PR72, 41-2
Type	bill
Volume / chapter	p41 s2 bill pr72 bill text 41 2 en pr072ra e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	092faf275edd6ca9286af166ab03af6f8f6491e2

Source file is stored in the law ingest library (pdf).