Huntsville moves ahead with legal ownership of 6 cemeteries
Huntsville Committee agreed to move ahead with legal ownership of 6 cemeteries, in the January 29, 2025, meeting.
Staff advised Committee that the Town has been maintaining 5 inactive cemeteries (Ravenscliffe United, McNicol, St. George’s Anglican, Ashworth Anglican, and United Brethren) and 1 that is active (Christ Church), without owning them.
They explained that the cemeteries were taken over by the Town in the 1970’s because of a government audit, and the Ministry has since informed municipalities that they are “entitled to the land title” pending a court application deeming them “legally declared abandoned,” and recommended this course of action.
Because the inactive cemeteries had no records when they were informally transferred to the Town, a Court Order may be necessary if they can’t find the owners to sign them over.
Staff advised that the formal transfer of lands is essential for them when dealing with maintenance issues, such as if a fence falls or driveway repairs, given that they don’t own the properties. Because they maintain them, they are liable.
According to the staff report, legal costs could range from $15,000 to $30,000 to obtain a Court Order to transfer the titles.
Staff also indicated that they have more investigating to do to confirm ownership where records are available. In these cases, the title can be signed over to the Town.
Councillor, Bob Stone, suggested that the Town doesn’t have to own the properties if they have already been maintaining them for years.
He added that the municipality should approach the provincial government for funds to maintain them, rather than the Town spending money on it.
Council members discussed the potential of using the properties for more burials, however, staff said they can’t because they don’t have the records. So, they can only sell plots in the one active cemetery.
They also discussed just transferring the title of the active cemetery, however, staff clarified that it would cost the same to do them all at once.
Staff assured Committee that they have a budget for legal matters that they would use first, rather than reserves, however, the more time the Town takes to try and find the owners to do the transfers the more it will cost them.
They also discussed talking to provincial Ministers about municipalities having to bear the cost of the land transfers.
Deputy Mayor, Dan Armour, concurred that they met with the Ministers last year at AMO and will again this year during delegations. He said, “Hopefully the provincial government will step up with maintenance costs and transfer of lands.”
Stone said, “I’m not in favour until the province helps.”
Staff clarified that it’s mandated in the Ontario Cremation Act to maintain the properties.
Councillor, Jason FitzGerald, expressed that he’s “amazed to see cemeteries abandoned by churches,” using the money for other areas and now the Town’s responsible for them.
He also inquired about whether the abutting lands can be included in the transfers “to compensate some of the expenses,” or as a means to “recoup losses” on behalf of taxpayers, before churches sell the buildings.
Staff advised that just the cemeteries were included in the title transfers, however, they can investigate this further.
