FAQs for Archaeologists

Why is the BAO no longer requiring Cemetery Investigation Authorization?

The Bereavement Authority of Ontario (BAO) is responsible for making sure cemeteries are treated with dignity, as required by law. The Cemetery Investigation Authorization (CIA) Directive helped improve compliance with the FBCSA and its regulations.  Licensed archaeologists are key partners in evaluating the risk to known cemeteries that may result from completing land disturbing activities immediately adjacent to them, but archaeologists are not licensed by the BAO. 

In evaluating the CIA Directive, the BAO considered the impacts to various stakeholder groups.  In the case of licensed archaeologists, revocation of the CIA directive will reduce administrative burden.  This is because the BAO will no longer require submission of information that is already provided to the Ministry of Citizenship and Multiculturalism’s Archaeology Programs Unit when archaeologists seek a Project Information Form (PIF).  The BAO has arranged with MCM to have this information provided directly.

What is a “cemetery,” within the meaning of the FBCSA?

The FBCSA defines a cemetery as land that has been established as a cemetery under the FBCSA or predecessor legislation, or land that was previously recognized by the Registrar as being cemetery.  That includes land that has been set aside under the “prescribed circumstances” for the interment of human remains, and a mausoleum or columbarium intended for the interment of human remains.

Ontario Regulation 30/11 (“the Regulation”) specifies the “prescribed circumstances” under which land has been set aside as cemetery.  The Regulation directs that cemetery includes land that: (a) is known to contain human remains; (b) was set aside to be used for the interment of human remains; (c) was and continues to be set aside for the interment of human remains; and, (d) was and remains readily identifiable as land containing human remains.

How is a cemetery different than a burial site?

The FBCSA distinguishes between a burial site and a cemetery (see above for the definition of cemetery).  The FBCSA defines burial site as “land containing human remains that is not a cemetery.”  Information about burial sites and their administration can be found on the website for the Registrar, Ontario Ministry of Public and Business Service Delivery and Procurement.

How will the BAO protect cemeteries without the CIA Directive?

Under the FBCSA, the BAO has a number of tools to protect cemeteries.

• All cemeteries in the province must be licensed, and licensed cemetery operators must be compliant with the terms and conditions of their licence and with the FBCSA and its associated regulations.  
• The FBCSA and its regulations contain provisions regarding physical standards for cemeteries, and the BAO will consider these provisions when considering whether or not land disturbing activities will be authorized.
• Provisions for establishing, altering, or increasing the capacity of a cemetery, and for disinterring human remains from a cemetery, are also included in the FBCSA.  These provide the Registrar, interment rights holders, and the public with notice when changes are being contemplated within and immediately adjacent to cemetery lands.

The BAO works closely with other regulators like MCM, the Registrar at the Ontario Ministry of Public and Business Service Delivery and Procurement, the Office of the Chief Coroner of Ontario, and municipalities when land disturbing activities are taking place across the province.  By facilitating communication and streamlining internal processes, the BAO will make better use of available information in order to regulate activities within cemeteries.

What does this mean for me as an archaeologist doing work in and around cemeteries?

The revocation of the CIA Directive means that you, as a professionally licensed archaeologist completing work near a known cemetery, will no longer need to seek a Cemetery Investigation Authorization for such work from the BAO.  Instead, the BAO recommends that when you are working immediately adjacent to a cemetery you instead complete the following activities in the order in which they are listed:

1. The BAO maintains a Public Register of licensed cemetery operators and sites on our website.  You can find information there so that you can contact the licensed cemetery operator or owner/operator to determine whether or not there are credible records that show the extent of the cemetery.  This may include plot/lot maps, registered plans of survey for the cemetery and/or the property on which it is situated, photos, hand-drawn schematics showing lot layouts, written descriptions of cemetery plans, and registers of interments within the cemetery.
2. Contact the BAO at licensing@thebao.ca to determine whether the BAO has similar records related to the cemetery.
3. Complete detailed archival history of the cemetery/property to determine the land use history.  This will help you to define the known extent of the cemetery.
4. Use this information to seek advice from MCM at archaeology@ontario.ca regarding to your archaeological strategy for lands immediately adjacent to a known cemetery.

The BAO is happy to answer any questions you may have about this work.  Do not hesitate to contact us at info@thebao.ca.

What if I initially thought that I was working outside the limits of a cemetery, but realize that I am actually working within the cemetery limits?  What should I do?

If you are in the initial stages of completing research on the cemetery (as described above) and you determine that the known limits of the cemetery have changed over time such that you believe that you may be working within lands that are or used to be set aside as cemetery, please immediately reach out to licensing@thebao.ca for advice.  Any planned activities within a cemetery should be completed with knowledge and permission of the cemetery owner/operator, and under certain circumstances the owner/operator may be required to provide notice to interment rights holders or to the public regarding planned changes to these lands.  The BAO Registrar’s consent may also be necessary to complete certain activities within a cemetery.

If you have already started ground disturbing activities and you subsequently discover that you are working within the former boundaries of the cemetery (for example, you encounter grave shafts and/or markers), please stop work immediately and contact the BAO at 647-483-2645 or Toll Free at 1 844-493-6356.  BAO staff will evaluate the situation based on the information that you provide and identify next steps.  Do not investigate or otherwise disturb human remains without authorization.

What do I do when I encounter unmarked human remains immediately adjacent to the known limits of a cemetery?

It is normal to assume that any human remains found adjacent to a known cemetery are related to interments within that cemetery, and that is certainly the most common explanation.  In order to verify that this is in fact the case, if you encounter unmarked human remains during your assessment, the BAO recommends that you stop work immediately and notify the Office of the Chief Coroner (or the local municipal or Ontario Provincial police).  The BAO would also appreciate being notified in order to prepare for next steps.  The police will secure the scene, and Coroner will make the determination as to whether the remains are recently deposited and whether they were deposited as a result of foul play.  If the Coroner determines that neither of these things are true, then the Coroner will contact the MPBSDP Registrar (if the remains constitute a burial site under the Act) or the BAO (if the remains are part of the cemetery, within the meaning of the Act) to determine next steps.