Bill PR8 explained in plain English
Beechwood Cemetery Company Act, 2013
Ontario legislature bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Legislative Assembly of Ontario snapshot for 40th Parliament, 2nd Session. Representative vote breakdowns appear when the Assembly publishes an Ayes and Nays page for the bill.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
The Beechwood Cemetery Company Act, 2013 updates the governing legislation for Beechwood Cemetery, modernizing its governance, expanding its land acquisition and borrowing powers, and clarifying the application of provincial funeral services law.
Bill PR8 of 2013, the Beechwood Cemetery Company Act, amends the Act incorporating The Beechwood Cemetery Company. It updates the law to reflect changes in cemetery governance, modernizes board of directors rules, and removes limitations on the company's borrowing powers. The bill also clarifies that the Funeral, Burial and Cremation Services Act, 2002 applies to the company, except where it conflicts with specific provisions of the Beechwood Cemetery Company Act, 2013, or the 1873 incorporating Act (excluding sections 11 and 12).
- Amends the Act incorporating The Beechwood Cemetery Company, originally passed in 1873 and subsequently amended in 1894, 1914, 1921, 1928, 1956, and 1962-63.
- Updates provisions related to the company's land acquisition limits.
- Modifies the rules for the board of directors, including the number of directors, quorum, election, and term of office.
- Clarifies that cemetery lots are indivisible, but rights to them can be held jointly.
- Grants the company expanded borrowing and mortgage powers for cemetery improvements, with specific restrictions.
- Makes the Funeral, Burial and Cremation Services Act, 2002 applicable to the company, with exceptions for inconsistencies with specific sections of the company's governing acts.
- Repeals several previous acts related to The Beechwood Cemetery Company.
- Specifies that the Act comes into force on the day it receives Royal Assent.
- The Beechwood Cemetery Company
- Shareholders of The Beechwood Cemetery Company
- Users of Beechwood Cemetery
- The company may acquire up to 400 acres of land within the former Township of Gloucester (now Ottawa).
- The company may sell or transfer interment or scattering rights for acquired land.
- The board of directors must have between seven and 15 members, elected by shareholders.
- A majority of directors constitutes a quorum.
- Lots designated by the company are indivisible, but rights to them can be owned jointly.
- The company may borrow money and issue securities for cemetery improvements if authorized by a two-thirds shareholder vote.
- The company may mortgage or pledge unsold property to secure borrowed funds.
- Encumbering cemetery land is restricted, except as permitted under the Funeral, Burial and Cremation Services Act, 2002.
- Holders of borrowed funds cannot use or deal with the cemetery in a way inconsistent with its use as a cemetery or with relevant legislation.
- The Funeral, Burial and Cremation Services Act, 2002 applies to the company, unless it conflicts with specific provisions of the company's governing acts.
- The Act received Royal Assent on June 13, 2013.
- The Act comes into force on the day it receives Royal Assent.
- The company is granted new powers to borrow money and issue securities for capital improvements, which may involve issuing bonds, debentures, or other financial instruments.
- The company may pledge or sell these securities for sums considered in its best interest.
- The company may mortgage or pledge its real and personal property to secure these debts.
- The bill does not explicitly detail new enforcement mechanisms or penalties.
- Restrictions on the use of cemetery land by mortgagees or bondholders are outlined, implying potential consequences for non-compliance with the Funeral, Burial and Cremation Services Act, 2002 or the company's governing acts.
- The specific form for interment or scattering rights certificates is stated to be 'the appropriate form required by law', without further detail in the bill text.
- The bill does not specify what happens if the company's by-laws are not created or are inconsistent with the Act.
- While the bill expands borrowing powers, it includes restrictions, such as prohibiting encumbrances on cemetery land except as authorized under the Funeral, Burial and Cremation Services Act, 2002.
- The application of the Funeral, Burial and Cremation Services Act, 2002 is qualified, applying only 'where inconsistent with the provisions of' specific acts, leaving room for interpretation regarding which law takes precedence in certain situations.
Amends Section 3 of the incorporating Act to allow the company to acquire up to 400 acres of land in Ottawa for cemetery purposes and to sell or transfer interment or scattering rights for this land.
Source: Section 1
Replaces Section 6 of the Act with new provisions regarding the board of directors, setting the number of directors between seven and 15, outlining quorum rules, election procedures, and term of office.
Source: Section 2
Replaces Section 10 of the Act, stating that designated lots are indivisible, but interment and scattering rights may be owned in undivided shares.
Source: Section 3
Replaces Section 15 of the Act with new provisions allowing the company to borrow money and issue securities for permanent improvements, and to mortgage or pledge unsold property to secure these debts, with restrictions on encumbering cemetery land and using it inconsistently with its purpose.
Source: Section 4
Declares that this Act applies to The Beechwood Cemetery Company, except where its provisions conflict with the Beechwood Cemetery Company Act, 2013, or specific sections of the 1873 incorporating Act.
Source: Section 5
Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.
Official textProcess Snapshot
Vote Summary
This bill does not have a published recorded division in the current official sources, so representative-by-representative vote counts are not shown.
No published representative vote breakdown
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Official sources
Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.
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