07-11-2024 - No. 08The City of Niagara Falls, Ontario
Resolution
The Honourable Todd McCarthy,
Ministry of Public and Business Service Delivery and Procurement
5th floor, 777 Bay Street
Toronto, ON M7A 2J3
Sent via email: Todd. McCarthy(a-)-pc.ola.org
Honourable Sir:
Re: Provincial Cemetery Management Support Request
This is to advise that at the June 18, 2024 Council Meeting in the City of Niagara Falls,
the following resolution was adopted with respect to the above noted matter:
No. 8 July 11, 2024
Moved by: Councillor Lori Lococo
Seconded by: Councillor Tony Baldinelli
Whereas under the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), when a
cemetery is declared abandoned by a judge of the Superior Court Justice, the local
municipality within whose geographic boundaries the land of the cemetery is located,
becomes the owner of the cemetery with all the rights and obligations in respect of the
cemetery and the assets, trust funds and trust accounts related to it that the previous
owner or operator possessed;
And Whereas over the last decade, there has been an increase in the number of
churches and local cemetery boards initiating processes to transfer ownership or
abandon their owned and operated cemeteries to the local municipality due to such
issues as high maintenance costs, inaccuracy of records, lack of financial and human
resources to effectively operate and maintain the cemetery, increased regulatory
processes regarding training, selling of interment rights, financial operation of the care
and maintenance fund, etc.;
And Whereas municipalities experience the same issues and pressures that churches
and local boards experience with the operation and maintenance of cemeteries within
its jurisdiction, and additional transfers of cemetery lands only compound the burden on
municipal taxpayers;
And Whereas cemeteries are important infrastructure where the reasonable costs for
interment rights, burials, monument foundations, corner stones and administration
charges do not sufficiently support the general operation of cemeteries,
And Whereas the interest earned from the care and maintenance fund(s) of a cemetery
do not provide adequate funding to maintain the cemetery with the rising costs of lawn
and turf maintenance contracts and monument restoration;
Now Therefore Be It Resolved that Council of the City of Niagara Falls requests that
the Province through the Ministry of Public and Business Service Delivery and the
Bereavement Authority of Ontario (BAO) consider the following to assist municipalities
in this growing concern of cemetery transfers:
- Amending the Funeral, Burial and Cremation Services Act, 2002 (FBCSA), to have the
province, through the BAO, identified as the default owner and operator of a cemetery
when it is abandoned,
- Provide annual funding (based on the number of cemeteries a municipality owns and
operates) to municipalities to assist with the maintenance of inactive and active
cemeteries;
- Provide free training opportunities for municipalities regarding cemetery administration;
and,
- Investigate and support the design of universal cemetery software for use by
municipal cemetery operators that can be offered at an affordable cost;
And that this resolution be circulated to the Hon. Todd McCarthy, Ministry of Public and
Business Service Delivery, Jim Cassimatis, BAO Interim CEO/Registrar, MPP Jill
Dunlop and all Ontario municipalities.
AND The Seal of the Corporation be hereto affixed. Carried Unanimously
WILLIAM G. MATSON, CITY CLERK
n / _
JAMES M. DIODATI, MAYOR
If any further information is required, please contact the undersigned at 905-356-7521,
x4342.
Yours Truly,
Bill Matson
City Clerk, City of Niagara Falls