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Report To: General Government Committee
Date of Meeting: Monday, January 4, 2016
Report Number: OPD-001-16
File Number: By-law Number:,
Report Subject: Cemetery By-Law Amendment
Recommendations:
1. That Report OPD-001-16 be received; and
2. That the draft amending By-law (Attachment#1 to Report OPD-001-16) be approved.
Municipality of Clarington
Report OPD-001-16 Page 2
Report Overview
As a housekeeping matter, Council is requested to approve the amending By-law attached, the
intent of which was previously approved through Report OPD-005-15.
1. Background
In the previous report to Council OPD-005-15 Council had approved the following items.
Even though the recommendations contained in the Report were approved, the By-law
inadvertently did not include all of the changes.
1.1 Ontario Works Act Assisted Interments
Section 164 of O. Reg 30/11 provides the following:
164. (1) Upon receiving a written direction from a delivery agent, as defined in
the Ontario Works Act, 1997, a cemetery operator who has an available lot
shall,
(a) provide a lot for the interment of the remains of any person
mentioned in the direction;
(b) provide opening and closing services in conjunction with the
interment; and
(c) install a marker if,
(i) one is provided to the operator,
(ii) the operator installs markers for other persons at the cemetery, and
(iii) the cemetery by-laws permit the installation. O. Reg. 30/11, s. 164 (1).
(2) Upon receiving a written direction from a delivery agent, as defined in the
Ontario Works Act, 1997, a cemetery operator who offers scatterings in the
cemetery and who has a common scattering ground available for a scattering
shall,
(a) scatter, or permit the scattering of, the cremated remains of any
person mentioned in the direction; and
(b) install a marker if,
(i) one is provided to the operator,
(ii) the operator installs markers for other persons at the cemetery, and
(iii) the cemetery by-laws permit the installation.
Clarington's By-law is silent on the burial rights and memorialization for any
graves supplied in accordance with Section 164 of O. Reg 30/11; being assisted
burials.
Municipality of Clarington
Report OPD-001-16 Page 3
To clarify that the rights to any graves supplied for assisted burials in accordance
with the regulations remain with the Municipality, it is recommended that By-law
2012-061 be amended to add the following clauses:
4.16 Notwithstanding sub-sections 4.1 to 4.15, inclusive, burial
rights for graves provided for assisted burials cannot be transferred
or sold and shall remain vested with the Municipality in perpetuity.
7.5.1 Notwithstanding subsection 7.5, an interment can take place
for an assisted burial prior to receipt of payment for the Interment,
provided the Municipal Clerk has received written confirmation
from Social Services of a commitment to pay for the services.
In accordance with sub-section 164(1)(c) of O. Reg. 30/11, being installation of
markers for assisted burial sites, it is recommended that Section 8.1 of By-law
2012-061 be amended to add the following to the end of the clause:
"including markers requested to be installed for graves provided for assisted
burials".
1.2 Use of Graves purchased pre-1955
Where interment rights were sold before 1955 and no trust funds were collected
for the purpose of care and maintenance (or perpetual case as was often the
term used pre-1955), the Municipality shall charge the interment rights holder
care and maintenance fees, at the time the rights are either transferred or at the
time the rights are executed. The rate shall be based on the approved rate.
3. Concurrence
This report has been reviewed by Anne Greentree, Municipal Clerk who concurs with
the recommendations.
4. Recommendations
Staff are requesting Council approval for the attached By-Law enactment.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
FredeM151
Ho ath Franklin Wu,
B.A., R., R.R.F.A Chief Administrative Officer
Director of Operations
Municipality of Clarington
Report OPD-001-16 Page 4
Staff Contact: Robert Genosko, 905-263-2291 ext. 531 or bgenosko@clarington.net.
Attachments: Attachment #1 Proposed By-law
There are no interested parties to be notified of Council's decision.
FJH/RG/sh
ATTACHMENT # ' TO
REPORT #
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY-LAW 2015-XXX
Being a by-law to provide for the maintenance,
management, regulation and control of the cemeteries in
the Municipality of Clarington.
Whereas the Cemeteries Act (Revised) 1990 provides for the regulation and
restriction of use of lands identified as a cemetery;
Now Therefore the Council of the Corporation of the Municipality of Clarington
hereby enacts as follows:
1. That By-law 2012-061 is hereby amended by adding the following clauses:
4.16 Notwithstanding sub-sections 4.1 to 4.15, inclusive, burial rights for
graves provided for assisted burials cannot be transferred or sold
and shall remain vested with the Municipality in perpetuity.
5.4 Where interment rights were sold before 1955 and no trust funds
were collected for the purpose of care and maintenance (or
perpetual care as was often the term used pre-1955), the
Municipality shall charge the interment rights holder care and
maintenance fees, at the time the rights are either transferred or at
the time the rights are executed. The rate shall be based on the
approved rates.
7.5.1 Notwithstanding subsection 7.5, an interment can take place for an
assisted burial prior to receipt of payment for the Interment,
provided the Municipal Clerk has received written confirmation from
Social Services of a commitment to pay for the services.
2. That Section 8.1 of By-law 2012-061 be amended to add the following to the end
of the clause:
"including markers requested to be installed for graves provided for
assisted burials."
By-Law passed in open session this 14th day of December, 2015.
Adrian Foster, Mayor
C. Anne Greentree, Municipal Clerk