Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2023
CASE NO.: OLT-23-000127
PROCEEDING COMMENCED UNDER subsection 85(1) of the Funeral, Burial and Cremation Services Act, 2002, S.O. 2002, c.33
Applicant and Appellant: Ummati Cemetery
Subject: Establishment of Cemetery or Crematorium
Description: To establish, maintain and support a cemetery with services conducted in accordance with the tenets and doctrines of the Islamic faith
Reference Number: S09-CEM-06-19
Property Address: Part Lot 18, Concession 3 (Lake Road)
Municipality/UT: Cramahe/Northumberland
OLT Case No.: OLT-23-000127
OLT Lead Case No.: OLT-23-000127
OLT Case Name: Ummati Cemetery v. Cramahe (Township)
BEFORE:
SHARYN VINCENT VICE CHAIR Monday the 31st day of July, 2023
THIS MATTER having come before the Tribunal for a Case Management Conference with respect to permitting the Appellant to establish a cemetery on the lands located at Part Lot 18, Concession 3 in the Township of Cramahe.
THIS MATTER having been subject to a Decision of the Tribunal issued on June 7, 2023, with the Procedural Order attached;
AND THE TRIBUNAL having received a request on consent of the Parties to amend the issues list and exchange of Witness Statements, summoned witness outlines, Expert Reports and Participant statements contained in the Procedural Order;
THE TRIBUNAL ORDERS that the following dates from the Procedural Order are amended:
- Parties to exchange witness statements and expert witness statements (paragraph 13) changed from July 26, 2023 to August 9, 2023;
AND THE TRIBUNAL HEREBY ORDERS that the following issue to be added to the Issues List:
e. The approved Zoning By-law 08-18 of the Township of Cramahe in which:
Section 3.38 defines a cemetery as, “land that is set apart or used as a place for interment of the dead or in which human bodies have been buried, within the meaning of the Cemeteries Act, as amended. A cemetery may include such accessory uses as mausoleums, crematoriums, and columbariums.”
Section 6.1.5 lists a cemetery as a permitted use in the zone which applies to the subject lands.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.