Item - 2021.NY28.7

North York Community Council recommends that:

1. City Council find that the request to construct a one-storey columbarium contemplated in File 20 171769 NNY 18 SA, at the York Cemetery located at 101 Senlac Road is in the public interest and approve the application under the Funeral, Burial and Cremation Services Act, 2002 and Ontario Regulation 30/11.

2. City Council direct that the City Clerk publish notice of City Council's decision in Recommendation 1 above in accordance with the Funeral, Burial and Cremation Services Act, 2002.

3. City Council direct that the City Clerk provide notice of City Council's decision in Recommendation 1 above to the Registrar and to the applicant under the Funeral, Burial and Cremation Services Act, 2002, together with supporting materials, including a copy of the Report of the Director, Community Planning North York District, dated October 25, 2021.

4. City Council delegate back to the Chief Planner and Executive Director, City Planning, or their designate the authority to issue the Notice of Approval Conditions contained in Attachment 5 to the report (October 25, 2021) from the Director, Community Planning, North York District, upon expiry of the appeal period following Clerk's notice and no appeal having been filed under the Funeral, Burial and Cremation Services Act, 2002.

5. City Council delegate back to the Chief Planner and Executive Director, City Planning, or their designate the authority to issue final Site Plan Approval.

The applicant proposes to construct a one-storey columbarium at the York Cemetery and 17 new parking spaces, including one accessible parking space. The application requires City Council consideration under the Funeral, Burial and Cremation Services Act, 2002 (the "FBCS Act") and is subject to site plan approval under the City of Toronto Act, 2006. At the request of the local Councillor, staff were directed to report to City Council, through North York Community Council, as per the 'bump up' provision in By-law No. 483-2000 for Site Plan Control applications.

Matters related to the establishment, alteration and expansion of cemeteries, burial sites and crematoriums are addressed under the FBCS Act and Ontario Regulation 30/11 (the "Regulation"). The FBCS Act requires the registrar's consent together with the approval of the local municipality for a proposal to establish, alter, or increase the capacity of a cemetery. The applicant is required to obtain the City's approval, prior to requesting approval from the registrar. The FBCS Act also specifies that a local municipality that receives such a request shall grant the approval if, in the municipality's opinion, it is in the public interest. City of Toronto By-law 580-2009 does not delegate to the Chief Planner the authority to make findings of public interest on behalf of the municipality under the FBCS Act. Therefore, the determination and approval must be made by City Council.