FAQs for Cemetery Owners/Operators

CIA Transition

What is a “cemetery,” within the meaning of the Funeral, Burial and Cremation Services Act, 2002 (FBCSA or “the Act”)?

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.

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. Cemetery owners/operators play a key role in ensuring that this dignity is upheld, and the BAO strives to administer the Act in a way that allows our licensees to balance the need for efficiency with the need for public accountability and consumer protection.

In evaluating the CIA Directive, the BAO considered the impacts to various stakeholder groups.  In the case of licensed cemetery owners/operators, revocation of the CIA directive will reduce administrative burden in cases in which an owner/operator seeks to complete work within a cemetery that is typically completed by a licensed professional archaeologist.  Examples of this work may include:

• Archaeological assessment resulting from accidental discovery of unmarked human remains within sections/lots that are thought to be empty
• Assessment of older sections of cemeteries for which records have been lost or destroyed (in order to facilitate lot abandonment applications)

Eliminating the need to seek a CIA means that this work can be completed more quickly.  This is especially important in situations in which an interment is anticipated imminently (that same day, week etc.) due to the death of the interment rights holder.

If the Archaeologist that I’ve hired to do work within my cemetery does not need to obtain a CIA anymore, what type of notification does the BAO expect for archaeological assessment of cemetery land?

The Ministry of Citizenship and Multiculturalism, which licenses archaeologists in Ontario, provides guidelines for archaeologists completing work in and around cemeteries.  They routinely provide advice regarding best practices for archaeologists, and the BAO works closely with MCM to ensure that archaeological assessment related to cemeteries is done in a manner that is both compliant with archaeological requirements under the Ontario Heritage Act, 1990 (and its regulations and standards and guidelines) and the FBCSA.  MCM shares information regarding new archaeological assessments with other regulators, including the BAO.

When an archaeologist is seeking to do work in and around cemeteries, MCM requires that they complete detailed research on the land use history of the property before any ground disturbing activities.  This research will determine if the known boundaries of the cemetery are credible and if there are reliable records about the layout and management of the cemetery in the past.  The BAO will be contacted by the archaeologist for relevant cemetery records, and cemetery operators should expect to be asked for records that they have on file relating to cemeteries that are the subject of (or immediately adjacent to) an archaeological assessment.

How will the BAO protect cemeteries without the CIA Directive?

In addition to MCM’s direction to archaeologists to engage with the BAO when doing work in or adjacent to known cemeteries, there are existing provisions that provide the BAO with the authority to direct certain activities within a cemetery. 

As a licensee under the FBCSA, cemetery operators are required to comply with provisions for establishing, altering, or increasing the capacity of a cemetery, and for disinterring human remains from a cemetery.  These provide the Registrar, interment rights holders, and the public with notice when changes are being contemplated within and immediately adjacent to cemetery lands. Under certain circumstances, these provisions may require you to seek Registrar’s consent for the planned activities, or they may simply require that you submit plans to the BAO detailing the work to be undertaken.  If you are contemplating significant land-disturbing activities within your cemetery like the construction of large buildings, cemetery expansion, or use of “abandoned” lots, please contact the BAO at Licensing@TheBAO.ca for information to help you to stay compliant.

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 do I do when I encounter unmarked, unexpected or displaced human remains within or immediately adjacent to the known limits of a cemetery?

It is normal to assume that any human remains found adjacent to or within a known cemetery are related to interments within that cemetery, and that is certainly the most common explanation. If you encounter unmarked, unexpected, or displaced human remains during ground disturbing activities, the BAO recommends that you stop work immediately and notify the BAO of the find.  Under certain circumstances, it may be necessary to notify the Office of the Chief Coroner (or the local municipal or Ontario Provincial police).  If there is lack of clarity regarding the origin of the remains, the 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.

While you wait for the Coroner and/or police to arrive, make sure that you:

• Avoid disturbing the remains and any associated funerary items or casket hardware further, and do not attempt to determine if the unmarked human remains within your cemetery constitute a crime scene or a burial site.  This is the Coroner’s responsibility. 
• Secure and protect the site by limiting access to the lot or section in which the remains were found.  Do not leave the remains unattended.
• Leave the remains in place and cover them temporarily to maintain the dignity of the person whose remains were found, and to protect the remains from the elements or excessive damage due to handling.  Do not move the remains to any other location.

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.  The BAO does not administer the burial sites provisions of the FBCSA.