ONTARIO-L ArchivesArchiver > ONTARIO > 2012-02 > 1330137627
From: Stella Stanger <>
Subject: Re: [ONTARIO] Access to Ontario Cemetery records
Date: Fri, 24 Feb 2012 18:40:27 -0800
Hi Brian, Does your information apply to all Provinces
Some Cemeteries have not been transcribed - or photographed -
Years ago - there seemed to be much interest in doing this - but has
not followed through - not that there were no volunteers..
At 02:55 PM 24/02/2012, you wrote:
>Hello Ellen and everyone .... Ellen's statement below, about a
>cemetery not telling you who is buried in their property, causes me
>a little bit (actually a lot!) of concern - as that is illegal.
>I speak with some authority on this as I am an Expert Witness in the
>Courts of Ontario on such matters and have testified at various
>times on a variety of inter-connected issues being cemeteries,
>genealogy, records and inheritence.
>Please keep in mind, most cemeteries are very helpful and in fact
>provide us with more details that what they have to (they DO NOT
>have to provide place of birth, age, place of death and cause of
>death) and so let's not make waves.
>But .... under no circumstances can you be refused information about
>who is buried in a cemetery and the date they were buried - IF the
>cemetery knows the details.
>Further please keep in mind that record keeping has evolved over the
>years and so MOST cemeteries will NOT be able to tell you who was
>buried there in the 1800's or even the first half of the 20th
>century. Enforcement of record keeping is very recent, and therefore
>a cemetery can not provide you with details that they do not have.
>I was recently commissioned to reconstitute a burial register for a
>small Church cemetery that had their records stolen. The Secretary
>had records of only about 900 burials, and I have brought the total
>up to almost 2100 and that is still not complete ...
>Below I have copied the section dealing with records from Ontario
>Regulation 130 / 92, Section 38 which applies to the Ontario
>"Cemeteries Act (revised)" - Revised Statutes of Ontario, 1990,
>Chapter 4. The term "owner" translates easily into "The cemetery".
>While these are the Regulations for the Legislation I know that many
>smaller Ontario cemeteries will NOT be in compliance - be they
>private and or Municipal. They simply may not have the information
>we are looking for ... so, please be patient and understanding as
>many smaller cemeteries are run by Boards composed of Volunteers -
>not paid staff - and to be sure most try to be as helpful as
>possible. MAny are often interested in knowing the results of our
>search for burials, as it might help them add to their own records.
>With regard to cemetery transcriptions and records please remember
>to consult with (and join!) the local branch of The Ontario
>Genealogical Society where your research interests and or the
>cemetery of interest is ... you will be in excellent company of
>others who enjoy spending time in cemeteries ...
>If you have any comments or concerns - or have an issue with one
>particular cemetery - please contact me privately, off-list as I
>would like to have a handle on how widespread this issue of
>non-disclosure really is.
>J. Brian Gilchrist
>Genealogist and Archivist
>Researching since 1966 ...
>Box 74503, 270 The Kingsway
>TORONTO, ON M9A 5E2
>"38. (1) The owner shall make available for inspection without
>charge a public register containing the following information:
>1. The name and address of each interment rights holder and the
>location of the lot to which the rights pertain.
>2. The name and address of each original purchaser of interment
>rights that have been transferred to another person and the date on
>which the rights were transferred.
>3. The name of each person whose remains are interred in the
>cemetery, the location of the lot in which the remains are interred
>and the date on which the remains were interred.
>4. The name of each person whose remains were cremated in the
>crematorium, if any, and the date on which the remains were cremated.
>5. The particulars of each disinterment of remains, including the
>name of the person who requested the disinterment, the date on which
>the remains were disinterred and the location in which the remains
>6. The particulars required under section 22. O. Reg. 130/92, s. 38 (1).
>(2) The information shall be set out in the public register within
>five days after the applicable event takes place or after the owner
>becomes aware of the information, as the case may be. O. Reg.
>130/92, s. 38 (2)."
>----- Original Message -----
>From: "Ellen Murray" <>
>Sent: Friday, February 24, 2012 2:55 PM
>Subject: Re: [ONTARIO] McDowell Help
> > Hi Stella, transcription comes from Stone, burial is difficult to get but
> > where I can I do. Some Cemeteries have become very strict on
> info they give
> > out, some will not even tell you if person buried there.
> > Keep well
> > El
>Ten People All Genealogists Should Follow On Twitter:
>Search Ontario Genealogy & Resources at http://olivetreegenealogy.com/can/ont/
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