Registrar’s Bulletin # 1

Notice of Directive Revocation: Cemetery Investigation Authorizations

The Bereavement Authority of Ontario (BAO) is responsible for protecting the dignity of cemeteries in accordance with the Funeral, Burial and Cremation Services Act, 2002 (FBCSA) and its regulations. 

In 2021, the BAO issued a Directive to licensed professional archaeologists that they should seek the Registrar’s authorization before undertaking work on lands adjacent to known cemeteries. This Cemetery Investigation Authorization (CIA) Directive was introduced because there were concerns that development projects might be adversely affecting cemeteries across Ontario, either within their boundaries or nearby.

The BAO aims to create a regulatory system that is modern, effective, and responsive to the needs of both consumers and businesses. The CIA Directive has helped raise awareness about the importance of identifying, preserving, and protecting cemeteries during development. As a result, archaeologists, government officials, and developers now regularly contact the BAO about their work, helping improve cemetery documentation across the province.

Looking ahead, the BAO is working to reduce red tape for known cemeteries. This includes simplifying procedures, collaborating with government and industry partners to remove compliance barriers, and offering tools to help people better understand the FBCSA and its regulations.

To that end, effective March 2, 2026 the CIA Directive is revoked, and the BAO will be implementing a series of changes to reduce regulatory burden.  These include:

• Making use of existing channels of information from other regulators (for example, the Ministry of Citizenship and Multiculturalism, which regulates archaeologists across the province) regarding planned archaeological assessments relating to cemeteries.  This will reduce the need for licensed professional archaeologists to provide information to the BAO that they have already provided to MCM.
• Applying those provisions of the FBCSA to archaeological assessments that are immediately relevant to cemetery protection and management.
  • Where evidence suggests that cemetery boundaries have changed over time or that there is high potential for unmarked burials associated with the cemetery, the BAO will apply the relevant provisions of the FBCSA to work being done within the lands that are cemetery (within the meaning of the FBCSA and its regulations).
  • Ensuring that planned changes to cemeteries are communicated to the public in a manner consistent with the public notice provisions of the FBCSA.
  • Providing advice only as required for archaeological assessments on cemetery lands, with respect to administration of the FBCSA.

The BAO understands that any change to existing practice can present challenges. Detailed resources to help cemetery owners and operators, archaeologists, other regulators, and the public to navigate this change can be found on our website here. 
 
Crystal Forrest
Chief Compliance Officer and Deputy Registrar, BAO
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The Registrar’s Bulletin is an ad hoc series for licensed professionals on regulatory topics of the bereavement sector.