Proposed bill would protect inactive Ontario cemeteries

Lambton Historical Society forwards petition

Posted 6 months ago

By DAVID PATTENAUDE

The Petrolia Topic

The Lambton Historical Society is supporting proposed provincial legislation that would ban the relocation of inactive cemeteries in Ontario.

Bill 149, the Inactive Cemeteries Protection Act, 2009, is a Private Member’s Bill (not a government bill) by Stormont/Dundas/South Glengarry MPP Jim Brownell. It’s been given second reading at the Ontario legislature but a third and final reading is required before it can become law.

In the meantime, the Bill has been referred to the Standing Committee on General Government. There is no specific order, but government bills take precedence over Private Member’s Bills.

"The Bill must now go to committee before it goes to third reading and we must wait for it to get on the agenda," Brownell told the Petrolia Topic. "Once that happens, the length of time depends on the debates, public hearings and amendments that are needed to make the Bill as beneficial as possible for the public and then must pass by a majority vote of the committee. If the legislature prorogues before the Bill makes it to the agenda, it would die on the table — and since order papers are wiped clean, I would have to propose it again and begin the procedure over again."

The legislature is now adjourned until Sept. 14 but the committee is meeting on a limited basis until the house reconvenes.

While very few Private Member’s Bills become law, Brownell is confident Bill 149 addresses a concern of the majority of Ontarians. He has received many letters and petitions of support from the public stating that; and adds the all-party support, along with the support he has received from his Liberal colleagues in the legislature, "...make me very confident it will be passed."

The Lambton Historical Society (LHS) has forwarded a local petition (signed by 300 people) in support of Bill 149 to Brownell for presentation to the government.

Enniskillen Township resident Bettylou Snetselaar, secretary of the LHS, said the Ontario Historical Society (OHS) and the Ontario Genealogical Society (OGS) have been hammering at the provincial government to put some teeth into the 1992 Cemeteries Act, which allows the owner of any cemetery to relocate it if it’s deemed to be in the “public interest.” But “public interest” isn’t defined in the Cemeteries Act and this makes the valuable heritage of cemeteries vulnerable to development, said Snetselaar.

She said inactive cemeteries have been relocated many times in Ontario and added it’s a “horrible thing to do. Most people didn’t even know it could be done. Bill 149 is an opportunity to put some meat and clout into the Cemeteries Act.”

In 1989, a Liberal government introduced a weak Cemeteries Act and in 1992, an NDP government created the Ontario Cemeteries Act, under which the owner of a cemetery could close it if it was in the public interest. But because “public interest” wasn’t defined, it led to cases where the Ontario registrar of cemeteries ruled a cemetery could be moved for real estate development. This led to successful appeals by the OHS to the Licence Appeal Tribunal, which ruled against the registrar of the cemeteries branch of the Culture Ministry.

Bill 140 finally defines public interest, said Snetselaar, and added if enacted into law, the Bill would be the first time there’s an Ontario law prohibiting the relocation of an inactive cemetery. If the Bill is enacted, it’ll be in the public interest that cemeteries remain in their original locations.

Snetselaar said not one MPP voted against the Bill during its second reading. Bill 149 was supported by all three parties at the legislature and during official debate in the legislature after the second reading of the Bill on March 12, Brownell said organizations and individuals opposing the closure and relocation of inactive cemeteries “should not have to continuously fight with developers, courts and tribunals to preserve the sanctity and last wishes of ancestors.”

Brownell said Bill 149, in addition to preserving the history of the province, will provide clear legislation to developers on where they can or can’t build in regard to the location of cemeteries. It will also protect valuable greenspaces and various species of plants and animals that live in inactive cemeteries.

Bill 149 will also allow groups such as the OHS and the OGS to focus on research, documentation, preservation and restoration of cemeteries, instead of fighting legal battles and spending huge sums of money to protect inactive cemeteries, said Brownell.

“Economic growth can flourish without the desecration of our forefathers’ burial grounds,” said the MPP, and added Bill 149 will provide peace of mind to Ontarians, knowing their families’ and ancestors’ burial sites will not be disturbed and will remain accessible to future generations.

Ontario’s cemeteries (there are some 5,000 cemeteries in the province) are unique repositories of human history and the resting place of human remains and associated artifacts like grave markers, tombstones and monuments, Brownell said.

“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,” he said. “They deserve to exist in a natural state so our citizens can appreciate the heritage and culture they provide.”

Bill 149 affects all current burial grounds because they too will eventually fall idle, said Brownell.

According to a document on the Ministry of Culture Web site, many cemeteries promote recreational use of their grounds by welcoming hikers, cyclists, photographers and bird watchers; and by organizing walking tours. Cemeteries can supplement community park systems and enhance adjacent public open spaces, the document says.