An Act respecting The Beechwood Cemetery Company — Private Bill PR8 (40th Parliament, 2nd Session)

Bill PR8, 40-2

Ontario — Bills

2ND SESSION, 40TH LEGISLATURE, ONTARIO ELIZABETH II, 2013 Bill Pr8 (Chapter Pr2 Statutes of Ontario, 2013)

An Act respecting The Beechwood Cemetery Company Mr. McNeely 1st Reading April 9, 2013 2nd Reading June 11, 2013 3rd Reading June 11, 2013 Royal Assent June 13, 2013 Printed by the Legislative Assembly of Ontario Bill Pr8

An Act respecting The Beechwood Cemetery Company

Preamble The board of directors of The Beechwood Cemetery Company (“the company”) has applied for special legisla- tion 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 enacted in 1894, 1914, 1921, 1928 and 1962-63. The company is also governed by The Beech- wood Cemetery Company of the City of Ottawa Act, 1956. The applicant represents th at the company owns and op- erates Beechwood Cemetery in Ottawa, which, in addition to serving Ottawa and the su rrounding areas, is the Na- tional Military Cemetery of Canada, the RCMP National Memorial Cemetery, a National Historic Site and the Na- tional Cemetery of Canada.

The applicant would like to amend the Act to take into account changes to the law governing cemeteries, to mod- ernize some of the provisions relating to the governance of the board of directors and to remove limitations on the borrowing powers of the company. It is appropriate to grant the application. Therefore, Her Majesty, by and with the advice and con- sent of the Legislative Assembly of the Province of On- tario, enacts as follows: 1.

Section of

An Act to incorporate “The Beech- wood Cemetery Company of the City of Ottawa”, being

chapter of the Statutes of Ontario, 1873, is re- pealed 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 scat- tering rights with respect to the land described in subsec- tion (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 re- spect to any lot, plot or parcel of land in the cemetery shall be in the appropriate form required by law. 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, is repealed and the following substituted: Board of directors 6.

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

(2) The number of director s 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 one year or until his or her successor is elected. 3.

Section of the Act is repealed and the follow- ing substituted: Lots to be indivisible 10. All lots, plots or parcels when designated as lots by the company shall be indivisible, but the interment and scattering rights with respect thereto may be held and owned in undivided shares. 4.

Section of the Act, as enacted by

section of The Beechwood Cemetery Act, 1928 , being

chapter of the Statutes of Ontario, 1928, is repealed and the following substituted: Power to borrow, etc. 15.

(1) If authorized by a by-law passed by at least two-thirds of the votes cast at a special general meeting of the shareholders called to consider the by-law, the direc- tors may, (

a) borrow money upon the credit of the company for the purpose of making permanent improvements to the cemetery and for this purpose may issue bonds, debentures, debenture stock or other securities of the company and may pledge or sell them for such sums or at such prices as may be considered to be in the best interests of the company; and (

b) hypothecate, mortgage or pledge such of the real and personal property of the company as may re- main unsold or undisposed of when the bonds, de- 2 BEECHWOOD CEMETERY COMPANY ACT, 2013 bent ures or debenture stock or other securities of the company pledged or sold as described in clause (

a) become payable to secure bonds, debentures, debenture stock or other securities. Restriction (2) Subsection (1) does not authorize, (

a) an encumbrance of cemetery land except as author- ized under the Funeral, Burial and Cremation Ser- vices Act, 2002; or (

b) a mortgagee, a bond or debenture holder, a trustee for a mortgagee or bond or debenture holder, a pledgee or anyone claiming under any of them to use or deal with the cemet ery in a manner that is inconsistent with its continued use as a cemetery or with any provision of the Funeral, Burial and Cremation Services Act, 2002 or of a regulation made under that Act. 5. The Act is amended by adding the following sec- tion: Application of Funeral, Burial and Cremation Services Act, 2002 16. The Funeral, Burial and Cremation Services Act, 2002 applies to the company, except where inconsistent with the provisions of, (

a) An Act to incorporate “T he Beechwood Cemetery Company of the City of Ottawa”, being

chapter of the Statutes of Ontario, 1873, other than sections and 12; or (

b) the Beechwood Cemetery Company Act, 2013. 6. The following are repealed: 1.

Schedule A to

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

chapter of the Statutes of Ontario, 1873. 2.

An Act respecting the Beechwood Cemetery Com- pany of the City of Ottawa , being

chapter of the Statutes of Ontario, 1894. 3.

An Act respecting The Beechwood Cemetery Company of Ottawa , being

chapter of the Statutes of Ontario, 1914. 4.

An Act respecting the Beechwood Cemetery Com- pany of Ottawa , being

chapter of the Stat- utes of Ontario, 1921. 5. The Beechwood Cemetery Act, 1928 , being chap- ter of the Statutes of Ontario, 1928. Commencement 7. This Act comes into force on the day it receives Royal Assent.

Short title 8. The

short title of this Act is the Beechwood Ceme- tery Company Act, 2013.

Document details

Collection	Ontario — Bills
Citation	Bill PR8, 40-2
Type	bill
Volume / chapter	p40 s2 bill pr8 bill text 40 2 en pr008ra.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	3ce933c5f66e1ed5977ff6136c9260d697201e29

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