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Staff Report
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Report To: General Government Committee
Date of Meeting: December 4, 2023 Report Number: LGS-035-23
Submitted By: Rob Maciver, Deputy CAO/Solicitor
Reviewed By: Mary -Anne Dempster, CAO Resolution#: GG-203-23
File Number:
By-law Number: 2023-071
Report Subject: Lakeview Cemetery — Transfer to Municipality
Recommendations:
1. That Report LGS-035-23, and any related delegations or communication items, be
received;
2. That, subject to the approval of the Ministry of Consumer Services (through the
Bereavement Authority of Ontario), the Municipality assume all responsibility and
assets related to the Lakeview Cemetery located at 4449 Hill St, Newtonville, from
the Lakeview Cemetery Board of Directors, effective January 1, 2024;
3. That Staff be authorized to execute, on behalf of the Municipality, all documents and
instruments necessary to give effect to the cemetery transfer, to the satisfaction of
the Deputy CAO/Solicitor;
4. That the By-law attached to Report LGS-035-23 attachment 1, to amend the
Cemetery By-law, By-law 2022-055, to add Lakeview Cemetery, be approved; and
5. That all interested parties listed in Report LGS-035-23, and any delegations be
advised of Council's decision.
Municipality of Clarington
Report LGS-035-23
Report Overview
Page 2
This report provides background and recommendations to assume ownership and control of
the Lakeview Cemetery to the Municipality of Clarington due to the dissolution of the existing
cemetery board.
1. Background
1.1 The Municipality of Clarington is currently responsible for five active cemeteries and 33
abandoned cemeteries.
1.2 Lakeview Cemetery (a.k.a. Newtonville Cemetery) is located at 4449 Hill St,
Newtonville. Lakeview Cemetery is not to be confused with Newtonville Presbyterian
Cemetery.
1.3 In late October 2023, the existing Secretary -Treasurer and Interim Chair of the
Lakeview Cemetery Board approached the Municipality to advise of their retirement and
ask about the process to transfer the Lakeview Cemetery (located in Newtonville) to the
Municipality. No one else is interested in taking on the role of Secretary -Treasurer or
Chair. At this stage the only viable alternative is for the Municipality to assume control. If
the cemetery were to become abandoned, the Municipality would be the party with de
facto responsibility, and transitioning ownership now with the existing Board is a more
efficient process.
1.4 The existing Board is private in nature and does not currently depend on Municipal
oversight. Staff have been in contact with the Board and have reviewed the steps
required to take over the cemetery, following a similar process to that of the Orono
Cemetery transfer which occurred in 2019.
1.5 At their November 8, 2023, meeting, the Lakeview Cemetery Board of Trustees
unanimously passed the following resolution:
Whereas the work and responsibility of Board of Trustees of the Lakeview
Cemetery to manage the Lakeview Cemetery, Newtonville, is significant and
beyond that of the Trustees;
Now therefore be it resolved:
a) That the Board of Trustees of the Lakeview Cemetery transfer the
ownership, management, operations, license, documentation, funds, and
assets of the Lakeview Cemetery to the Municipality of Clarington Staff,
effective January 1, 2024; and
Municipality of Clarington Page 3
Report LGS-035-23
b) That the Board of Trustees of the Lakeview Cemetery be dissolved as part
of the transfer process.
1.6 Grass -cutting services have been contracted out which represents a sizable portion of
their operating expenses, with very little revenue (as there are very few graves left to be
sold and interment rates are low).
1.7 Staff from the Public Works Department, Financial Services Department and Legislative
Services Department met with the representatives of the Board and determined that all
documentation is in order, but that it is available in hard copy format only.
2. History of Lakeview Cemetery
2.1 The land has been a cemetery as far back as the 1830's, with the bulk of the property
(two separate pieces), coming from William Laing. There are grave markers still present
in Lakeview Cemetery that date back to this period.
2.2 The most recent land portion was transferred on August 15, 1952, and the land
registration notes that the property is always to be used for cemetery purposes.
2.3 Lakeview Cemetery is currently laid out with approximately 988 graves, of which 30
remain unsold. In addition, there is a columbarium that contains 100 niches, of which 85
remain unsold.
2.4 In 2018, the Lakeview Cemetery was a stop on Doors Open Clarington.
2.5 Decoration Day is held annually on the second Sunday in August at the cemetery.
3. Legislation
Clarington's Cemetery By-law
3.1 By-law 2022-055 is Clarington's Cemetery By-law and governs our active and
abandoned cemeteries. Any changes to the Cemetery By-law (other than changes to
schedules) need to follow the BAO's requirements for notice and be approved by the
BAO.
Municipality of Clarington
Report LGS-035-23
The Funeral, Burial and Cremation Services Act
Page 4
3.2 The responsibilities under the FBCS Act include but are not limited to, maintenance of
the cemetery grounds, obligations in compliance with the Act, and detailed record
keeping.
3.3 As indicated above, the Municipality doesn't automatically have to take over a cemetery,
but this will eventually become a legal requirement when the cemetery is abandoned.
3.4 When referring to abandoned cemeteries, the legislation is not only speaking to inactive
cemeteries but active cemeteries as well. The status of "active" or "inactive" is not a
formal designation within the FBCS — those statuses have been used more as an
internal note as to whether, or not, interments have occurred within the past 15-20
years. Therefore, whether Lakeview Cemetery is active, or not, does not play into
whether it meets the definition of an abandoned cemetery:
101.1 (1) A person set out in subsection (2) may apply to have a judge of the
Superior Court of Justice declare a cemetery abandoned if the owner of the
cemetery,
(a) cannot be found or is unknown;
(b) is unable to maintain it; or
(c) is not a licensed operator and there is no licensed operator for the cemetery.
3.5 Ontario Regulation 30/11, Section 170 on Neglected or Abandoned Cemeteries and the
Funeral, Burial and Cremation Services Act, 2002 starting at Section 101.1 referring to
Abandoned Cemeteries explains the abandoned cemetery process further.
The Bereavement Authority of Ontario (BAO)
3.6 The BAO administers provisions of the Funeral, Burial and Cremation Services (FBCS)
Act, which is consumer protection legislation respecting funerals, burials, cremations,
and related services within the Province of Ontario.
3.7 The BAO advises that "the abandonment process can be costly, so it is beneficial to all
parties if an agreement can be made — it is important to know that, if the site is not
declared legally abandoned by the courts, the fees for the process will be borne by the
operator, if declared abandoned those costs will instead be borne by the municipality.
These costs can be substantial and may be in the range of $10,000 to $20,000. If the
Municipality and the cemetery operator/owner can come to an amenable agreement
regarding the transfer it is usually the best way forward. It ensures the continuous care
Municipality of Clarington Page 5
Report LGS-035-23
& maintenance of the cemetery and therefore assists in maintaining the cemetery's
history."
3.8 In terms of options for the cemetery, the BAO also notes that "an agreement doesn't
have to be an immediate change from one party to the other but can include both
parties working together for a couple of years to ensure a smooth transition. There is
also the option of trying to sell the cemetery or locate a nearby operator who is willing to
take it on." These other options tend not to be successful.
3.9 The BAO adds that, even if the cemetery was inactive, existing interment rights must be
honoured as the change in status does not negate the cemetery's obligations.
4. Impact on Municipal Resources
Administrative Impact
4.1 Based on the information about the operation of Lakeview Cemetery as they are
understood, and given the Staff expertise in this area, the additional administrative
demand for sales, transfers and record keeping should be able to be absorbed with
minimal impact. That said, there will be either staff overtime (and/or temporary contract
to backfill) required to input the Clarington database with the Lakeview Cemetery data.
No additional training will be required for staff. The ongoing impact of service demands
on the Clerk's Division Staff will be monitored.
Maintenance Impact
4.2 However, the maintenance portion may have a slightly larger impact, on an ongoing
basis. To keep maintenance levels consistent, the current grass -cutting contractor will
be discontinued, and Clarington Staff will include this cemetery as part of their grass -
cutting routine.
5. Next Steps
5.1 It is recommended that the Municipality assume the ownership and control of the
Lakeview Cemetery. Should Council approve the recommendations contained in this
report, the Ministry will ultimately need to approve the transfer which it is anticipated
they would do.
5.2 When the main transfer documents have been completed, Staff will work with the
Communications Division to notify the public (i.e., advertisement in the Orono Times;
new sign at the cemetery; changes to the website; and social media announcements).
Additionally, all funeral homes and monument companies will be notified of the
changes.
Municipality of Clarington Page 6
Report LGS-035-23
6. Financial Considerations
6.1 Staff have identified the following financial impacts:
• Slightly increased revenue (but not much — there are not a lot of sales/year).
• There is a $20,000 endowment that results in approximately $150-$400 dividends
per year. The use of the funds is restricted to pay for flowers on three particular
graves.
• Care and Maintenance Fund will be transferred over.
• There is currently a discrepancy between the cemetery rates in Lakeview and the
rest of the Clarington active cemeteries (with Clarington being substantially higher).
See Attachment 2 for a rate comparison. The User Fee By-law governs all
cemeteries — once Lakeview Cemetery is added to the Cemetery By-law, the new
rates will take effect. Staff do not anticipate much public concern as there are few
plots to be sold and few interred each year. This increase in fees will ensure that
there are some funds to provide for the consistent maintenance that the Municipality
can offer.
• Increased maintenance work (i.e., grass cutting, and snow clearing).
Increased interment activity/work. There will be improved customer service because
the previous board was not able to provide winter burials, whereas the Municipality
does.
Staff do not anticipate that there will be software vendor costs to create a software
map for the plots as the software contract allows for three acres to be added per
year. However, there may be a need to backfill the Vital Statistics Clerk during the
transition to allow for the inputting of the information into the cemetery software
system. Temporary resources may be required and will be funded from existing
budgets.
Financial Services Administrative - time it will take for accounting Staff to review the
records and make necessary updates in our systems.
• There should be minimal, if any, increases in insurance costs.
Municipality of Clarington
Report LGS-035-23
7. Concurrence
Page 7
This report has been reviewed by the Director of Public Works who concurs with the
recommendations.
8. Conclusion
It is respectfully recommended that the Municipality of Clarington assume responsibility
for the maintenance and operations of the Lakeview Cemetery.
Staff Contact: June Gallagher, Municipal Clerk, jgallagher@clarington.net.
Attachments:
Attachment 1 — Draft By-law to Amend the Cemetery By-law
Attachment 2 — Rate Comparison
Interested Parties:
The following interested parties will be notified of Council's decision:
Jamie Traynor, Licensing Officer, Bereavement Authority of Ontario
Lakeview Cemetery Board of Trustees
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Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2023-XXX
Being a by-law to amend the Cemetery By-law, By-law 2022-055, to add Lakeview
Cemetery to the list of active cemeteries.
Whereas Council approved Report LGS-xxx-23 recommending the transfer of Lakeview
Cemetery to the Municipality from the Board of Trustees;
Now therefore the Council of the Municipality of Clarington enacts as follows:
1. That Schedule A of the Cemetery By-law, By-law 2022-055, be amended to add
the following to the end of the list of Active Cemeteries:
"Lakeview Cemetery, located at 4449 Hill Street, Newtonville"
2. That this by-law come into effect on January 1, 2024.
Passed in Open Council this XX day of MMMM, 2023.
Adrian Foster, Mayor
June Gallagher, Municipal Clerk
Attachment 2
To Report LGS-035-23
Comparison of Cemetery Fees
Fee Schedule Effective July 1, 2023. All fees subject to applicable taxes.
'NOTE: 40% of total fee for sales of plots, niches, and monuments goes to care and
maintenance fund.
Sale .Clarington
Single (3' x 9')
Total Fee �
$2,149.00
Lakeview
Total Fee
$1,400.00
Double Lot
N/A
$2,800.00
Infant (1.5' x 3')
No charge
N/A
Cremation (2' x 2')
716.00
N/A
Interment
Adult —Single Depth
Clarington
Fee
$1,133.00
Lakeview
Fee
$1,200.00
Adult —Double Depth
1,410.00
N/A
Cremation
433.00
$600.00
Niche
217.00
N/A
Infant
No charge
N/A
Adult — Single Depth
Fee
$1,865.00
Fee
$375.00
Adult — Double Depth
2,243.00
N/A
Cremation
511.00
N/A
Niche
217.00
N/A
Infant
511.00
N/A
Saturday Plot Interments
Saturday Cremation/Niche Interments
Sunday & Stat Holidays Plot Interments
Sunday & Stat Holidays Cremation/Niche
Interments
Rental for lowering device, set up and dressi
Provincial Licence Fee (Legislated — no tax)
$266.00
$300.00
No
additional
charge
N/A
627.00
$300.00
228.00
N/A
144.00 N/A
$301 Same
Attachment 2
To Report LGS-035-23
Comparison of Cemetery Fees
Additional Labour Clarington Lakeview--'
Em� Fee —1 Fee
Groundskeeping/Casual Labour N/A $20/hour
Groundskeeping/Casual Labour N/A $25/hour
(Weekend/Holiday Rate)
Monument Foundation or Notes Clarington Lakeview
Marker Setting' Total Fee Total Fee
Flat Marker — Regular
Maximum height 24.5"
400.00
N/A
x 18.5"
Flat Marker — Cremation
Maximum size 22" x
233.00
N/A
16"
N/A
Flat Marker — Block IBL Maximum size 16.5" x 133.00
10.5"
150.00
Foot Marker Maximum size 16" x 133.00
10"
Removal of Monuments
94.00
N/A
4 Corner Stones
N/A
250.00