Item - 2023.NY5.5

North York Community Council recommends that:

1. City Council find that the request to propose a three-storey addition to an existing three-storey mausoleum contemplated in File Number 21 222665 NNY 06 SA, at the Westminster Cemetery located at 5830 Bathurst Street 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 Council's decision in Recommendation 1 in accordance with the Funeral, Burial and Cremation Services Act, 2002.

3. City Council direct that the City Clerk provide notice of Council's decision in Recommendation 1 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, dated April 21, 2023.

The applicant proposes to construct a three-storey addition to the existing three-storey mausoleum at the Westminster Cemetery. The application also proposes 6 parking spaces, including 1 accessible parking space.

The proposed addition to the existing mausoleum is part of a seven-phase Master Plan that envisions the development of six new mausoleums and a new administration and funeral visitation centre. The Master Plan would also see the extension of the private road network and parking facilities to serve the new buildings south and east of the subject site. Connections for pedestrians and cyclists are planned throughout the site with access to the City-owned trail east of the site and Finch Corridor Recreational Trail to the south. This proposal is Phase 4 of the Master Plan.

The application requires City Council consideration under the Funeral, Burial and Cremation Services Act, 2002 and is subject to site plan approval under the City of Toronto Act, 2006. Matters related to the establishment, alteration and expansion of cemeteries, burial sites and crematoriums are addressed under the Funeral, Burial and Cremation Services Act and Ontario Regulation 30/11 (the "Regulation"). The Funeral, Burial and Cremation Services 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 Funeral, Burial and Cremation Services 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.

Council's approval is not an approval under the Planning Act or City of Toronto Act, but rather the Funeral, Burial and Cremation Services Act.

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 Funeral, Burial and Cremation Services Act. Therefore, the determination and approval must be made by City Council.

The proposal is also subject to Site Plan Control and is under review by City Planning.  Approval of this application will be granted separately.