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Bill 74, Mount Pleasant Public Cemeteries Act, 2021

Bell, Jessica

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Acts affected

Original

Bill 74 Original (PDF)

EXPLANATORY

NOTE

The Bill repeals a

number of Acts and enacts the Mount Pleasant Public

Cemeteries Act, 2021 . In the new Act, the corporation incorporating a

trust known as the Mount Pleasant Group of Cemeteries is continued as a

corporation without share capital under the name Mount Pleasant Public

Cemeteries. The Act sets out the composition of the Mount Pleasant Public

Cemeteries Corporation and its objects and powers. The Act provides requirements

related to the Corporation’s board of directors, by-laws and employees.

Additionally, the Act sets out auditing and reporting requirements and provides

for regulation-making authority.

Bill 74 2021

Act respecting the continuation of the corporation known as Trustees of the

Toronto General Burying Grounds

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Definitions

Definitions

this Act,

“Corporation”

means the corporation named Mount Pleasant Public Cemeteries continued under

section 2; (“Société”)

“Minister”

means the Minister responsible for the administration of this Act. (“ministre”)

Corporation

Continued, Objects

Corporation

continued

(1) The

corporation incorporating the trust known as the Trustees of the Toronto

General Burying Grounds, now known as the Mount Pleasant Group of Cemeteries,

is continued as a corporation without share capital under the name Mount

French.

Charitable

corporation

(2) For

greater certainty, the Corporation is deemed to be a charitable corporation

within the meaning of the Not-for-Profit Corporations Act,

2010 .

Composition

(3) The

Corporation is composed of its members.

Same

(4) A

person ceases to be a director of the Corporation when the person ceases to be

a member.

Terms

of trust continued

The

terms of the trust set out in the following Acts are continued:

1. An

Act to authorize certain persons therein named, and their successors, to hold

certain land for the purpose therein mentioned, 1826, 7th Geo IV, c. 21.

2. An

Act to amend

an Act therein mentioned, and to vest the Toronto General Burying

Ground in certain Trustees, and their Successors, 1849, 12 Vict c.104.

Application

of certain Acts

(1) The

Corporation is a public body for the purposes of the Public

Service of Ontario Act, 2006 , even if it is not prescribed as one under

clause 8 (1.1) (

a) of that Act.

Same

(2) For

greater certainty, the Corporation is deemed to be a trustee within the meaning

of the Charities Accounting Act .

Conflict

with other Acts

(3) This

Act prevails in the event of a conflict between this Act and any other Act that

applies to the Corporation.

Crown

Agent

The

Corporation is an agent of the Crown in right of Ontario and all property owned

or acquired by the Corporation is the property of the Crown in right of

Ontario.

Objects

The

Corporation has the following charitable objects:

1. To

maintain and operate cemeteries for use as burial, cemetery and columbarium

facilities.

2. To

provide environmentally responsible crematorium facilities.

3. To

provide visitation centres to be used by the funeral home sector.

4. To

preserve the historical significance of the various cemetery lands and

gravesites, including the landscape architectural design and the natural

arboretum, and to preserve cemeteries as National Historic Sites.

Powers

(1) Except

as limited by this Act and the regulations, the Corporation has the capacity,

rights, powers and privileges of a natural person for carrying out its objects.

Subsidiaries

(2) The

Corporation shall not create or acquire a subsidiary.

Limitation

(3) The

Corporation shall not purchase real property or borrow money without the

approval of the Minister and the Minister of Finance.

Terms

(4) An

approval under subsection (3) may be subject to such terms as are considered

advisable by the Minister and the Minister of Finance.

Memorandum

of understanding

The Corporation

and the Minister shall enter into a memorandum of understanding.

Board

of Directors, Employees

Composition,

etc.

(1) The

board of directors of the Corporation shall consist of up to 10 members

appointed by the Lieutenant Governor in Council.

Term

(2) A

member may be appointed for a term not exceeding three years and may be

re-appointed for one or more further terms.

Chair

and vice-chair

(3) The

Lieutenant Governor in Council shall designate one of the members as chair and

one of the members as vice-chair of the board.

Chair

to preside

(4) The

chair shall preside at all meetings of the board and, in the absence of the

chair or if the office is vacant, the vice-chair shall have all the power and

shall perform the duties of the chair.

Quorum

(5) A

majority of the members constitutes a quorum of the board of directors.

Remuneration

(6) The

members of the board of directors shall receive the remuneration and

reimbursement for reasonable expenses as the Lieutenant Governor in Council

determines.

By-laws

(1) The

board of directors may, by resolution, make, amend or repeal any by-law

governing its proceedings and generally for the conduct and management of the

Corporation’s affairs.

Financial

by-laws

(2) A

by-law of the Corporation relating to borrowing, investing or managing

financial risks does not take effect until is it approved by the Minister and,

if the Minister is not the Minister of Finance, by the Minister of Finance.

Provision

of by-laws to Minister

(3) The

board of directors shall ensure that all by-laws of the Corporation are provided

to the Minister.

Employees

The Corporation

may appoint such officers and employees and retain such assistance as it

considers necessary.

Audits

and Reporting

Audits

The

accounts and financial transactions of the Corporation shall be audited by the

Auditor General.

Annual

report

(1) The

Corporation shall prepare an annual report, provide it to the Minister and make

it available to the public.

Same

(2) The

Corporation shall comply with such directives as may be issued by the

Management Board of Cabinet with respect to,

(

a) the

form and content of the annual report;

(

b) when

to provide it to the Minister; and

(

c) when

and how to make it available to the public.

Same

(3) The

Corporation shall include such additional content in the annual report as the

Minister may require.

Tabling

of annual report

(4) The

Minister shall table the Corporation’s annual report in the Assembly and shall

comply with such directives as may be issued by the Management Board of Cabinet

with respect to when to table it.

Financial

reports

The

Corporation shall give the Minister and, if the Minister is not the Minister of

Finance, the Minister of Finance, at the times required by the Minister of

Finance, reports setting out the Corporation’s net profit and net profit

forecasts and containing such additional financial information as the Minister

of Finance may request.

Business

plans and financial statements

The

Corporation shall promptly give the Minister any business plans and financial

statements approved by the board of directors.

Other

reports

The

Corporation shall promptly give the Minister such other reports and information

as the Minister may request.

Regulations

Regulations

The

Lieutenant Governor in Council may make regulations,

(

a) prescribing

anything that, under this Act, may or must be prescribed, done or provided for

by regulation;

(

b) dealing

with any transitional matters arising from the implementation of this Act and

the repeal of any of the Acts referred to in

section 19;

(

c) requiring

the divestment, disposal, sale or lease of any property or assets of the

corporation or any entity owned or operated by the Corporation.

Transition

First

board

(1) The

first board shall be established within 30 days of the day this Act comes into

force.

First

board, composition

(2) The

first board shall consist of up to three members appointed by the Lieutenant

Governor in Council.

Same

(3) No

person shall be selected to be a member of the first board if the person is or

was previously a member or director of any of the following not-for-profit

corporations:

1. The

Trustees of the Toronto General Burying Grounds.

2. Commemorative

Services of Ontario.

3. Canadian

Memorial Services.

4. Mount

Pleasant Group of Cemeteries.

5. Mount

Pleasant Memorial Services.

First

board, term

(4) Despite

subsection 9 (2), the term of the members appointed to the first board shall be

one year.

Repeals,

Commencement and

Short Title

Repeals

The following Acts are repealed:

1. An

Act to authorize the Trustees of the Toronto General Burying Ground, to acquire

an additional lot of land, 1851, 14 & 15 Vict c. 167.

2. An

Act to enable the Trustees of the Toronto General Burying Ground, to close the

same, to sell a portion thereof, and to acquire other ground for the purpose of

the Trust, 1855, 18 Vict c. 146.

3. An

Act to Incorporate the Trustees of the Toronto General Burying Ground, to

confirm certain purchases made by them, to authorize them to acquire additional

land for the purpose of the said trust, and to amend the Act relating to the

said trust, 1871, 34 Vict c. 95.

4. An

Act to amend the Act incorporating the Trustees of the Toronto General Burying

Grounds, and to enable said Corporation to remove the remains of the dead now

interred in the Potters’ Field, and to sell the same after the removal of such

remains, 1874, 38 Vict c. 90.

5. An

Act to authorize the sale of certain lands by the Trustees of the Toronto

General Burying Grounds to the City of Toronto, 1876, 39 Vict c. 66.

6. An

Act to authorize the Trustees of the Toronto General Burying Grounds to sell

certain lands, 1888, 51 Vict c. 88.

7. An

Act respecting the Trustees of the Toronto General Burying Grounds, 1910, 10 Ed

7 c. 160.

8. An

Act to authorize the Trustees of the Toronto General Burying Grounds to acquire

and hold additional lands in the County of York, 1925, 15 Geo 5 c. 132.

9. An

Act respecting the Trustees of the Toronto General Burying Grounds, 1968, c.

10. An

Act respecting the Trustees of the Toronto General Burying Grounds, 1977, c.

11. An

Act to revise the Cemeteries Act, 1989, ch. 50, s. 88 which amended s. 1 of The

Toronto General Burying Grounds Act, 1977, supra.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Mount Pleasant Public

Cemeteries Act, 2021.

Date Bill stage Event Outcome Committee

December 8, 2021

First Reading

Vote

Carried

Debates and Progress

First Reading

December 8, 2021

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 74

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

An Act respecting the Trustees of the Toronto General Burying Grounds, 1910

An Act respecting the Trustees of the Toronto General Burying Grounds, 1968

An Act respecting the Trustees of the Toronto General Burying Grounds, 1977

An Act to amend the Act incorporating the Trustees of the Toronto General Burying Grounds, and to enable said Corporation to remove the remains of the dead now interred in the Potters’ Field, and to sell the same after the removal of such remains, 1874

An Act to authorize the sale of certain lands by the Trustees of the Toronto General Burying Grounds to the City of Toronto, 1876

An Act to authorize the Trustees of the Toronto General Burying Ground, to acquire an additional lot of land, 1851

An Act to authorize the Trustees of the Toronto General Burying Grounds to acquire and hold additional lands in the County of York, 1925

An Act to enable the Trustees of the Toronto General Burying Ground, to close the same, to sell a portion thereof, and to acquire other ground for the purpose of the Trust, 1855

An Act to Incorporate the Trustees of the Toronto General Burying Ground, to confirm certain purchases made by them, to authorize them to acquire additional land for the purpose of the said trust, and to amend the Act relating to the said trust, 1871

An Act to revise the Cemeteries Act, 1989, ch. 50, s. 88 which amended s. 1 of The Toronto General Burying Grounds Act, 1977

Legislative Assembly of Ontario

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