Inactive Cemeteries Protection Act, 2009 Brownell, Jim — Bill 149 (39th Parliament, 1st Session)

Bill 149, 39-1

Ontario — Bills

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Bill 149, Inactive Cemeteries Protection Act, 2009

Brownell, Jim

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[39] Bill 149 Original (PDF)

Bill 149 2009

An Act to protect Ontario's inactive cemeteries

Preamble

Ontario 's cemeteries are unique

repositories of human history and the resting places of human remains and

associated artifacts like grave markers, tombstones and monuments. They are important

elements of our collective heritage, a priceless authentic historical record of

the past and witnesses to the continuity of life in Ontario. Many of Ontario's cemeteries also contain significant ecological features invaluable to the natural

heritage of Ontario.

The

following principles are basic to all the peoples of Ontario:

1. The

sanctity of the deceased is of paramount concern.

2. The

deceased have a right to rest in peace in the tradition and custom of their

religion or beliefs at the burial site of their choosing.

3. Common

human dignity must be respected.

4. The

living must be responsible for the care of the deceased.

5. The

cultural heritage to which burial sites bear witness must be maintained to

ensure the historical record for future generations.

Ontario 's rich heritage is at

risk due to a lack of action for its preservation. Failure to safeguard one of

our last remaining authentic cultural heritage resources, Ontario's inactive

cemeteries, would be disastrous for the continuity of the historical record and

our collective culture in this province. It is in the public interest that they

be protected, preserved and maintained in their original locations.

Therefore,

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

the Province of Ontario, enacts as follows:

Definitions

1. In

this Act,

"aboriginal

peoples" includes the Indian, Inuit and Métis peoples of Canada; ("autochtone")

"cemetery" means land set aside for the burial of human remains and

includes a mausoleum, columbarium or other structure intended for the interment

of human remains, with or without government authorization or recognition;

("cimetière")

"human remains" means a dead human body or the remains of a cremated

human body; ("restes humains")

"inactive cemetery" means a cemetery that,

(

a) is

no longer used for the burial of human remains or no longer accepts human

remains for burial,

(

b) continues

to be used for the burial of human remains but the number of burials per year

is less than five,

(

c) consists

of land set aside for the burial of human remains of members of a family or

interrelated families,

(

d) is

an unapproved aboriginal peoples cemetery, or

(

e) is

or was a cemetery although it does not have markers indicating that fact.

("cimetière inactif")

Prohibition on relocation

2. No

person shall relocate an inactive cemetery.

Conflict

3. This

Act prevails over any other Act or regulation that permits the relocation of an

inactive cemetery or provides a process by which an inactive cemetery may be

relocated.

Commencement

4. This Act comes into force on a day to be

named by proclamation of the Lieutenant Governor.

Short title

5. The

short title of this Act is the Inactive Cemeteries Protection

Act, 2009 .

EXPLANATORY NOTE

The

Bill prohibits the relocation of inactive cemeteries despite anything to the

contrary in another Act or regulation dealing with cemeteries.

Date Bill stage Activity Committee

March 12, 2009

Ordered referred to Standing Committee

Standing Committee on General Government

March 12, 2009

Second Reading

Carried

March 12, 2009

Second Reading

Debate

February 19, 2009

First Reading

Carried

Debates and Progress

First Reading

February 19, 2009

Committee

Second Reading

March 12, 2009

Mr. Jim Brownell, Mrs. Elizabeth Witmer, Mr. Rosario Marchese, Mr. Jeff Leal, Mrs. Maria Van Bommel, Mr. Mike Colle, Ms. Laurel C. Broten

March 12, 2009

Declared carried. Referred to the Standing Committee on General Government.

Committee

Standing Committee on General Government

Third Reading

Royal Assent :

Coming into force :

Proclamation.

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Document details

Collection	Ontario — Bills
Citation	Bill 149, 39-1
Type	bill
Volume / chapter	p39 s1 bill 149 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	4fb2ff669d87b2c2280cb5a65cffe643eec172d8

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