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Bill PR55, Mount Pleasant Group of Cemeteries Act, 2024

Coe, Lorne

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Original

Bill PR55 Original (PDF)

EXPLANATORY

NOTE

The

purpose of the Bill is set out in the

Preamble.

Bill PR55 2024

Act respecting Mount Pleasant Group of Cemeteries

Preamble

Mount

Pleasant Group of Cemeteries has applied for special legislation to clarify its

objects and governance structure, modernize the legislation governing the corporation

and repeal various Acts relating to the corporation.

The

corporation, previously known as The Trustees of the Toronto General Burying

Grounds, was incorporated by special Act in 1871 and that Act has been amended

by several other Acts. The corporation is a corporation under the Not-for-Profit Corporations Act, 2010 .

is appropriate to grant the application.

Therefore,

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

the Province of Ontario, enacts as follows:

Definition

In this Act,

“Corporation”

means the corporation continued under subsection 2 (1).

Corporation

continued

(1) Mount Pleasant

Group of Cemeteries is continued as a corporation without share capital under the same

name.

Members

(2) The

members of the Corporation shall consist of its directors.

Conflict

with Not-for-Profit Corporations Act, 2010

(3) In

the event of a conflict between this Act and the Not-for-Profit

Corporations Act, 2010 , this Act prevails.

Objects

(1) The objects of the Corporation are,

(

a) to

own and operate non-denominational cemeteries and crematoriums that provide

services to the general public; and

(

b) to

engage in such other bereavement-related activities and operations, including

funeral services and any related, ancillary or associated activities and

operations, as the owner or operator of a cemetery or crematorium is permitted

to engage in from time to time and such other objects as may be established

under the Not-for-Profit Corporations Act, 2010 .

Capacity

and powers

(2) The

Corporation has the capacity and, subject to this Act and the Not-for-Profit Corporations Act, 2010 , the rights, powers

and privileges of a natural person for the purpose of carrying out its objects.

Non-profit

(3) The

Corporation shall be carried on without the purpose of gain or profit for its

members, if any, and any income or other accretions to the Corporation shall be

used in promoting its objects.

Commercial

purposes

(4) If

any of the purposes of the Corporation are of a commercial nature, the

commercial purpose is intended only to advance or support one or more of the

non-profit purposes of the Corporation.

Non-application

of Charities Accounting Act

(5) The

Charities Accounting Act does not apply with

respect to the Corporation.

Board

of directors

(1) The

board of directors of the Corporation is composed of such number of directors

as may be determined by by-law, to be chosen and to hold office in accordance

with the by-laws.

Remuneration

and expenses

(2) The

Corporation is permitted to pay such remuneration and expenses to its directors

as may be authorized by by-law.

Transition

(3) The

members of the board of directors who are in office immediately before this Act

receives Royal Assent shall constitute the board on that day.

By-laws

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.

Distribution

of property, etc.

(1) No

part of the Corporation’s profits or of its property or accretions to the value

of the property may be distributed, directly

or indirectly, to a member,

a director or an officer

of the Corporation except in

furtherance of its activities.

Same,

upon dissolution

(2) Despite

the Not-for-Profit Corporations Act, 2010 , upon the

dissolution of the Corporation and after the payment of all debts and

liabilities,

(

a) each

cemetery of the Corporation, together with the property, assets, care and maintenance

fund and other trust funds and trust accounts relating to such cemetery, as

determined by the board of directors, shall be transferred to the local

municipality within whose geographic boundaries the land of the cemetery is

located or the province where the cemetery is located, if there is no such

local municipality; and

(

b) no part of the remaining property

of the Corporation may be distributed, directly

or indirectly, to a member, a director or an officer of the Corporation.

Non-application

(3) The

following provisions of the Not-for-Profit Corporations

Act, 2010 do not apply with respect to the Corporation and its members:

1. Subsection

89 (2) (distribution to a member upon termination of membership).

2. Sub-subclause

150 (1) (b) (i) (consequences of winding up).

3. Sub-subclause

167 (1) (d) (i) (B) (articles of dissolution).

4. Sub-subclause

167 (1) (d) (ii) (B) (articles of dissolution).

Amendment

of articles, etc.

(1) Subject

to the restrictions set out in this

section and despite subsection 103 (3) of

the Not-for-Profit Corporations Act, 2010 , the

articles of the Corporation may be amended in accordance with that Act in

respect of any of the matters described in subsection 103 (1) of that Act.

Restriction

re: objects, purposes

(2) The

objects and purposes of the Corporation set out in this Act shall not be

removed or changed in the manner set out in clause 103 (1) (

b) of the Not-for-Profit Corporations Act, 2010 , but additional

objects and purposes that are not inconsistent with those objects and purposes

may be established.

Restriction

re: capacity, etc.

(3) The

restrictions that are set out in this Act on the capacity and on the rights,

powers and privileges of the Corporation shall not be removed or changed in the

manner set out in clause 103 (1) (

b) of the Not-for-Profit

Corporations Act, 2010 , but other requirements and restrictions that are

not inconsistent with the capacity, rights, powers, privileges and restrictions

set out in this Act may be established.

Amalgamation

(4) Subject

to the restrictions set out in this

section and despite subsection 110 (4) of

the Not-for-Profit Corporations Act, 2010 , the

Corporation may amalgamate with one or more other corporations under

section

110 of that Act.

Continuance

(5) The

Corporation is not permitted to apply under

section 116 of the Not-for-Profit Corporations Act, 2010 for authorization

of an application to continue the Corporation under the laws of another

jurisdiction.

Arrangements

(6) Subject

to the restrictions set out in this

section and despite subsection 120 (9) of

the Not-for-Profit Corporations Act, 2010 ,

subsections 120 (1) to (8) of that Act apply with respect to the Corporation.

Repeals

The following are repealed:

An Act to authorize certain Persons therein named, and their Successors,

to hold certain Lands for the purpose therein mentioned , U.C. 7 Geo. IV,

c. 21.

An Act to amend

an Act therein mentioned, and to vest the

Toronto General Burying Ground in certain Trustees, and their Successors ,

S.C. 12 Vic., c. 104.

An Act to authorize the Trustees of the Toronto General Burying

Ground, to acquire an additional lot of land , S.C. 14 & 15 Vic., c.

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 purposes of the Trust , S.C. 18 Vic., c. 146.

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 lands for the purposes of the said trust, and to amend the

Acts relating to the said trust , S.O. 34 Vic., c. 95.

An Act to amend the Act incorporating the Trustees of The

Toronto General Burying Grounds, and to enable the 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 , S.O. 1874, 2nd Sess., c. 90.

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

the Toronto General Burying Grounds to the City of Toronto , S.O.

1875-76, c. 66.

An Act to authorize the Trustees of the Toronto General Burying

Grounds to sell certain lands , S.O. 1888, c. 88.

An Act respecting the Trustees of the Toronto General Burying

Grounds , S.O. 1910, c. 160.

10. The Toronto General Burying Grounds Act, 1925 , S.O. 1925,

c. 132.

11. The Toronto General Burying Grounds Act, 1968 , S.O. 1968,

c. 178.

12. The Toronto General Burying Grounds Act, 1977 , S.O. 1977,

c. 110.

Section 88 of the Cemeteries

Act, 1989 , S.O. 1989, c. 50.

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 Group of

Cemeteries Act, 2024 .

Date Bill stage Event Outcome Committee

November 27, 2024

Speaker addressed the House

December 4, 2024

First Reading

Consideration of a Bill

Standing Committee on Procedure and House Affairs

November 6, 2024

First Reading

Ordered referred to Standing Committee

Standing Committee on Procedure and House Affairs

November 6, 2024

First Reading

Order for Second Reading discharged

October 22, 2024

First Reading

Ordered for Second Reading

October 22, 2024

First Reading

Vote

Carried

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