43rd Parl. 1st Sess.

May 29, 2023

Mount Pleasant Public Cemeteries Act, 2023

First Reading Vote
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This is a law called the Mount Pleasant Public Cemeteries Act, 2023. It continues the corporation known as Trustees of the Toronto General Burying Grounds under the name Mount Pleasant Public Cemeteries. The corporation is a charitable organization that operates cemeteries, crematorium facilities, and visitation centers. It also preserves the historical significance of cemetery lands and gravesites. The corporation has the power to make decisions and manage its affairs, but there are limitations on creating subsidiaries, purchasing real property, and borrowing money. The board of directors is appointed by the Lieutenant Governor in Council and is responsible for governing the corporation. The corporation's accounts and financial transactions are audited by the Auditor General, and it is required to prepare an annual report and provide it to the Minister and the public. The Minister may issue directives regarding the content and timing of the annual report. The corporation must also provide financial reports and other information as requested by the Minister. The Lieutenant Governor in Council has the authority to make regulations related to the implementation of this Act. The Act also includes provisions for the establishment of the first board and repeals several previous Acts related to the Toronto General Burying Grounds. The Act comes into force on the day it receives Royal Assent.

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SteelmanSpren in Favour

A steelman argument in favor of Bill 113 2023, the Mount Pleasant Public Cemeteries Act, could be as follows: The Mount Pleasant Public Cemeteries Act is necessary to ensure the continuation and proper management of the corporation known as Trustees of the Toronto General Burying Grounds. By continuing the corporation as Mount Pleasant Public Cemeteries, the Act provides a legal framework for the corporation to carry out its charitable objects, which include maintaining and operating cemeteries, providing environmentally responsible crematorium facilities, and preserving the historical significance of cemetery lands and gravesites. The Act also establishes the composition and governance of the corporation, ensuring that it operates in a transparent and accountable manner. The board of directors, appointed by the Lieutenant Governor in Council, will oversee the affairs of the corporation and make decisions in the best interest of its charitable objects. The Act also requires the corporation to prepare annual reports, which will be audited by the Auditor General, providing further accountability and transparency. Furthermore, the Act designates the corporation as a public body, making it subject to the Public Service of Ontario Act, 2006, and deems it a trustee within the meaning of the Charities Accounting Act. This ensures that the corporation operates in accordance with relevant legislation and regulations, further safeguarding the public interest. By continuing the corporation and providing a legal framework for its operations, the Mount Pleasant Public Cemeteries Act ensures the proper management and preservation of cemeteries and burial grounds, which are important cultural and historical assets. It also ensures that the corporation operates in a manner that is accountable, transparent, and in line with relevant legislation.

SteelmanSpren Against

Steelman Argument Opposing Bill 113 2023: Bill 113 2023, also known as the Mount Pleasant Public Cemeteries Act, is a prime example of unnecessary government intervention and overreach. This legislation seeks to continue the existence of the Mount Pleasant Group of Cemeteries as a government-controlled corporation, which goes against the principles of limited government and free market competition. Firstly, the Act designates the Corporation as a charitable corporation, subjecting it to the regulations and restrictions of the Not-for-Profit Corporations Act, 2010. This not only burdens the Corporation with unnecessary bureaucratic red tape but also limits its ability to operate efficiently and make independent decisions. Furthermore, the Act grants the Corporation the power to maintain and operate cemeteries, crematorium facilities, and visitation centers, effectively monopolizing these services in the region. This monopolistic control stifles competition and prevents private businesses from offering alternative options to consumers. It is not the role of the government to dictate which businesses can operate in a particular industry, as this hampers innovation and limits consumer choice. Additionally, the Act designates the Corporation as an agent of the Crown in right of Ontario, effectively making all property owned or acquired by the Corporation the property of the government. This undermines private property rights and sets a dangerous precedent for government seizure of assets under the guise of public interest. Moreover, the Act grants the Minister and the Minister of Finance the authority to approve the Corporation's purchase of real property or borrowing of money. This level of government control over the Corporation's financial decisions is unnecessary and hampers its ability to respond quickly to market demands and opportunities. Lastly, the Act requires the Corporation to provide annual reports, financial reports, and other information to the Minister and the Minister of Finance, subjecting it to constant government scrutiny and interference. This level of oversight not only undermines the autonomy of the Corporation but also creates a culture of dependency on government approval and direction. In conclusion, Bill 113 2023 represents an unnecessary expansion of government control and interference in the cemetery industry. It limits competition, undermines private property rights, and hampers the ability of the Corporation to operate efficiently and independently. Instead of relying on government intervention, the cemetery industry should be left to the free market, where competition and consumer choice can thrive.