When History Lies Beneath: What Ontario Homeowners Can Learn from a Kamloops Archaeological Discovery

Introduction: Lessons from a Recent BC Incident

In January 2026, a routine landscaping project in Kamloops, British Columbia, became a cautionary tale for property owners nationwide. While expanding a garden, a homeowner unearthed two human skulls and other remains. This discovery immediately halted all work and triggered a complex, emotionally charged process involving police, local Indigenous representatives, and archaeologists. The site was ultimately declared sacred, and the homeowner was required to comply with extensive protocols, including archaeological assessments and cultural ceremonies. The financial and emotional burden was significant—costs exceeded $130,000, with no clear mechanism for reimbursement.

What makes this story especially relevant for Ontario property owners is not just the shock of discovering ancient remains, but the financial exposure that can come with complying with heritage and archaeological laws. The Kamloops case has sparked debate about whether private property owners should bear the full cost of archaeological work triggered by accidental discoveries, and whether current rules create “hidden risks” for homeowners who simply want to build a patio or plant a garden.

But how would a similar situation unfold in Ontario? What should landowners know about their legal obligations, and their potential liabilities, if they encounter human remains on their property?

Ontario’s Legal Framework: The Funeral, Burial and Cremation Services Act, 2002

In Ontario, the discovery and handling of human remains, including historic or unmarked burial sites, is governed primarily by the Funeral, Burial and Cremation Services Act, 2002 (FBCSA). This legislation sets out protective rules for cemeteries, burial sites, crematoriums, and the care of human remains, while also providing certain procedural protections for landowners and the public.

A key provision for private landowners is section 96(4) of the FBCSA. Under section 96(1), the Registrar can require a landowner to investigate the nature or origin of a burial site found on their property. However, section 96(4) provides a crucial safeguard:

If the Registrar believes that carrying out the investigation would impose an undue financial burden on the landowner, the registrar shall undertake the investigation.

This provision marks a significant difference from the situation in B.C., where provincial heritage law can place the full cost of archaeological investigation and mitigation on the landowner. Ontario’s FBCSA, by contrast, puts a cap on that exposure, at least for the investigation phase, giving regulators the discretion, and in some circumstances the obligation, to step in when the work would be overly burdensome for a private property owner.

Ontario Case Study: Taccone et al. v. Registrar, Funeral, Burial and Cremation Services Act, 2002, 2025 ONSC 6879

A recent decision from the Ontario Superior Court of Justice, Taccone et al. v. Registrar, Funeral, Burial and Cremation Services Act, 2002, 2025 ONSC 6879 (Taccone) provides important clarity for Ontario homeowners. This case involved homeowners in Trent Lakes who discovered human remains during an archaeological assessment for a home construction project. This discovery triggered obligations under the FBCSA, requiring a burial site investigation.

The Registrar agreed that the investigation would constitute an undue financial burden and committed to reimbursing the homeowners for their costs. However, a dispute arose when the Registrar only reimbursed a fraction of the homeowners’ expenses, arguing that much of the work was part of a broader archaeological assessment rather than the specific burial site investigation. The homeowners contended that the Registrar’s own directions had expanded the scope of the investigation, making it inseparable from the broader archaeological work.

The court ultimately found the Registrar’s narrow approach to reimbursement unreasonable. It emphasized that the Registrar’s own instructions had effectively broadened the investigation’s scope, for instance, by requiring all indeterminate bone to be treated as human until proven otherwise. Consequently, much of the work that the Registrar initially deemed outside the scope of reimbursement was, in fact, necessary due to these directions and the complex, disturbed nature of the site. The court set aside the Registrar’s decision and sent the matter back for reconsideration, stressing that reimbursement should reflect the actual scope of work required by the Registrar’s directions and the realities encountered during excavation.

Takeaway from Taccone

While the court in the Taccone case found that the Registrar’s interpretation of reimbursable costs was too restrictive, it is important to understand that section 96(4) does not provide a blanket guarantee that the province will cover all expenses. The provision is limited to costs directly related to the burial site investigation once human remains are discovered. Landowners remain responsible for promptly notifying authorities and ensuring minimal disturbance to the site, as required under sections 95 and 96 of the FBCSA. Additionally, other legislation, such as the Ontario Heritage Act, may impose further obligations, so it is essential for homeowners to be aware of the full scope of their legal responsibilities in these situations.

What Homeowners Should Know and Do if They Find Human Remains on Their Property?

Finding human remains on your property can be shocking, but it’s also a legal event that triggers specific obligations and rights. Here’s what every Ontario homeowner should keep in mind:

1. Stop work and notify authorities immediately

If you discover human remains, you must notify the police or the coroner without delay. Disturbing burial sites without authorization is an offence and can carry penalties under the FBCSA and other statutes.

2. Don’t attempt to move or alter the remains yourself

Ontario law requires that any investigation into the origin of a burial site be done with minimal disturbance consistent with the circumstances.

3. Understand your cost exposure under section 96(4)

Although section 96(4) can require the province to undertake the investigation if it would be an undue financial burden on you, this protection depends on how the Registrar assesses your situation. Early legal advice and full documentation of your financial position can be critical.

4. Seek specialized legal counsel early

Cases involving unmarked burials, archaeological assessments, and heritage law are complex. Engaging a lawyer with experience in property, administrative and heritage law can help you navigate regulatory obligations and protect your financial interests.

5. Consider title searches and risk planning

Before purchasing property or commencing major ground disturbance, consult with your real estate lawyer about heritage and archaeological risk, including whether a heritage impact assessment may be advisable.

Conclusion

While Ontario’s Funeral, Burial and Cremation Services Act includes provisions like section 96(4), designed to prevent homeowners from bearing the full financial burden of investigation work if human remains are discovered on your property, the Kamloops case has highlighted how high the associated costs might run and Taccone informs us that the homeowner may not receive full reimbursement.

Understanding these rules and knowing when and where to seek help can make all the difference should you happen to uncover the unexpected.

This blog post was written by Heather Austin-Skaret, a Partner in the Real Estate, Wills and Estates, and Estate Litigation teams, and Articling Student Tiffany Mayhew. Heather can be reached at 613-369-0356 or at [email protected].