Inactive Cemeteries Protection Act, 2010 Brownell, Jim — Bill 126 (39th Parliament, 2nd Session)

Bill 126, 39-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 126, Inactive Cemeteries Protection Act, 2010

Brownell, Jim

Please select

View bill

Status

Debates

Original

[39] Bill 126 Original (PDF)

Bill 126 2010

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 Ontario's inactive cemeteries, one of our last remaining authentic cultural heritage

resources, 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 to be used for the interment 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 interment of human remains or no longer accepts human remains

for interment purposes,

(

b) continues

to be used for the interment of human remains but the number of interments per

year is less than five,

(

c) consists

of land set aside for the interment 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 even though it does not have markers indicating that fact.

("cimetière inactif")

Prohibition, 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 for the relocation of an inactive

cemetery.

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, 2010 .

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

November 2, 2010

First Reading

Carried

Debates and Progress

First Reading

November 2, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 126, 39-2
Type	bill
Volume / chapter	p39 s2 bill 126 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	686912704eaf7057fc87b349a18e7508ba0c8ae9

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