- burial site discoveries
- war graves
- cemetery closures
- abandoned cemeteries
Burial site discoveries
If you discover human remains, you must immediately notify the police or coroner who will investigate the discovery.
If foul play is ruled out by the coroner, the person who owns the land where human remains were discovered will usually be required to hire a licensed archaeologist to carry out an investigation. The archaeologist will determine the burial site’s age and cultural history.
Based on the archaeologist’s report, the MPBSDP Registrar, FBCSA will declare the burial site to be either an:
- Indigenous peoples burial ground
- burial ground
- irregular burial site (when there is no evidence that the discovered human remains were intentionally buried at that site)
The MPBSDP Registrar, FBCSA will also use the archaeologist’s report to determine the most appropriate representatives of the person or persons buried at the site (for example, descendants or religious representatives, if a burial ground, or the nearest First Nations Government, if Indigenous peoples burial ground, etc.) and notify them at the earliest opportunity.
If it is determined that the site is an Indigenous peoples burial ground or a burial ground, the landowner and the representatives of those buried at the site will be sent a notice of declaration, which will identify everyone involved in the matter.
Those involved must negotiate how the remains are to be dealt with. For example:
- the burial site may be established as a cemetery
- the remains may be relocated to a cemetery with a licensed operator within the municipality
- if the site was declared an Indigenous peoples burial ground, the agreement reached may require that the remains be disinterred and reinterred in a cemetery on a First Nations reserve
The results of the negotiations will be set out in a document called a site disposition agreement.
If no site disposition agreement can be reached, the matter will be referred to arbitration. The decision on arbitration is binding.
Note: In instances in which the FBCSA uses the term “aboriginal”, we will use the term “Indigenous” to describe those peoples identified in the FBCSA as the First Nations, Inuit and Métis peoples of Canada.
War graves
If Veterans Affairs Canada has contributed to the cost of a Canadian or allied veteran burial, the remains or marker cannot be moved or altered without the agreement of Veterans Affairs Canada or, in the case of a Commonwealth war burial, without the agreement of the Commonwealth War Graves Commission.
If an agreement cannot be reached, the person who wants to make the alteration or move may apply to the MPBSDP Registrar, FBCSA of burial sites, war graves, cemetery abandonments and closures for direction.
Closing a cemetery
The MPBSDP Registrar, FBCSA of burial sites, war graves, cemetery abandonments and closures reviews applications to close all or part of a cemetery. More information about this process is outlined in the application form. Before completing and submitting an application to close a cemetery or part of a cemetery, please contact the Registrar, Funeral, Burial and Cremation Services Act at 416-212-7499 or FBCSARegistrar@ontario.ca.
Abandoned cemeteries
A cemetery owner or operator, a local municipality, the MPBSDP Registrar, FBCSA , or the province, can apply to the Superior Court of Justice to have a judge declare a cemetery abandoned if its owner:
- cannot be found or is unknown
- is unable to maintain the cemetery
- is not a licensed operator and there is no licensed operator for the cemetery
If a cemetery is declared abandoned, the municipality in which the cemetery is located — or, if the cemetery is not located in a municipality, the Ontario government — becomes the cemetery’s owner and takes over all of the previous owner’s cemetery assets, rights and obligations.
A judge’s ruling determines who pays for the:
- application for a court order declaring a cemetery abandoned
- land survey
If the judge does not declare the cemetery abandoned, the applicant pays the cost of the proceedings if the applicant is the owner or operator of the cemetery.
In all other cases, the municipality pays the cost of the proceedings or, if the cemetery is not located in a municipality, the province pays.
Questions or complaints
Contact the Bereavement Authority of Ontario if you are inquiring about:
- funerals, burials, cremations, alkaline hydrolysis and/or neglected cemeteries
- interments, scattering of remains, or alternative disposition of remains
- issues with a licensed bereavement service operator
- licensing a funeral establishment, cemetery, crematorium, alternative disposition or transfer service operator, or a funeral director or sales representative
Contact the MPBSDP Registrar, FBCSA if you are inquiring about:
- burial site discoveries
- war graves
- cemetery closures
- abandoned cemeteries
MPBSDP Registrar, Funeral, Burial and Cremation Services Act
Ministry of Public and Business Services Delivery
56 Wellesley Street West, 16 th Floor
Toronto, Ontario
M7A 1C1
