Found Human Remains

• Purpose

• Mandate

• Authority

• Policy Statement

• Procedures

  • 1. Fortuitous Discoveries

  • 2. Permitted Archaeological Projects

PURPOSE:

The purpose of this directive on found human remains is to provide guidelines to Archaeology Branch staff, archaeologists, other agencies and the public as to branch procedures for handling human remains that may be protected under the Heritage Conservation Act (1996, RSBC, Chap. 187), and to facilitate the respectful treatment of these remains.

MANDATE:

Pursuant to section 13(2)(b) of the Heritage Conservation Act (HCA), a permit is required under section 12 or 14 before a person can undertake any actions affecting a burial place of historical or archaeological value, human remains or associated heritage objects.

AUTHORITY:

The Director of the Archaeology Branch and the Manager, Permitting and Assessment Section, have been authorized to exercise the powers of the Minister to issue permits under sections 12(2) and 14(2), as well as ministerial orders under section 14(4) where necessary for emergency conservation purposes.

POLICY STATEMENT:

Upon notification of the discovery of human remains that are not of forensic concern, the Archaeology Branch will take steps to facilitate the respectful handling and disposition of those remains within the limits of existing funds and program priorities.

PROCEDURES

The following procedures will normally apply in cases where human remains are discovered fortuitously through various land altering activities such as house renovations, road construction or natural erosion; or during archaeological studies conducted under an HCA permit:

1. Fortuitous Discoveries

In cases where the branch has been notified that human remains have been discovered by chance, the following procedures should normally apply:

• the Coroner's Office and local policing authority should be notified as soon as possible.
• the Coroner's Office should determine whether the matter is of contemporary forensic concern. The branch may provide information and advice that may assist in this determination.
• if the Coroner's Office determines the reported remains are not of forensic concern, the branch will attempt to facilitate disposition of the remains.
• if a cultural affiliation for the remains can be reasonably determined, the branch will attempt to contact an organization representing that cultural group.
• if remains are determined to be of aboriginal ancestry, the branch will attempt to contact the relevant First Nation(s).
• generally, if remains are still interred and are under no immediate threat of further disturbance, they will not be excavated or removed.
• if the remains have been partially or completely removed, the branch will facilitate disposition.
• if removal of the remains is determined to be appropriate, they will be removed under authority of a permit issued pursuant to section 12 or 14, or an order under section 14 of the HCA, respecting the expressed wishes of the cultural group(s) represented to the extent this may be known or feasible.
• if circumstances warrant, the branch may arrange for a qualified physical anthropologist or an archaeologist with training in human osteology to provide an assessment of the reported remains in order to implement appropriate conservation measures.
• analysis should be limited to basic recording and in-field observations until consultation between the branch and appropriate cultural group(s) has been concluded.

2. Permitted Archaeological Projects

In cases where human remains are encountered in the course of a permitted project, the Archaeology Branch should be contacted as soon as possible.

• the remains are to be handled in accordance with the methods specified in the permit, respecting the expressed wishes of the cultural group(s) represented, to the extent that these may be known or feasible.
• if the permit does not specify how remains are to be handled and if the cultural affiliation of the remains can be reasonably determined, the field director or permit-holder should attempt to contact an organization representing that group. The permit-holder or field director should advise the branch of the organization contacted, and any wishes expressed by that organization.
• the branch, in consultation with the appropriate cultural group(s), will determine disposition of the remains.
• analysis should be limited to basic recording and in-field observations, until consultation between the branch and appropriate cultural group(s) has been concluded.