Archaeology in Ontario

Archaeology and conservation of cultural resources in Ontario fall under the Ministry of Tourism, Culture and Sport. The Province of Ontario has created Acts to insure the protection archaeological and cultural resources. Acts such as the Ontario Heritage Act and Environmental Assessment Act provide the major legal documents that protect heritage and cultural resources. Additionally, Acts such as the Planning Act, the Aggregate Resource Act and the Ontario Cemeteries Act are also implemented when specific triggers occur during archaeological assessments.

Areas of property that are considered archaeological potential are those that could contain archaeological resources. The ministry's criteria for determining areas of archaeological potential are:

There are six stages of an archaeological assessment in Ontario.

Any archaeological sites found were properly conserved.

The Ontario Heritage Act was created in 1975 was further amended in 1990, 2002, 2005 and as of 2009 as undergone further amendments. Under the Ontario Heritage Act, the Ministry of Tourism, Culture and Sport contains the “responsibility to determine policies, priorities and programs for the conservation, protection and preservation of the heritage of Ontario and so fills the lead provincial government role in terms of direct conservation and protection of cultural resources.”

The Ontario Heritage Act governs the general practice of archaeology in the province. It provides the legal framework to provide licenses to archaeologists who are qualified and it is $1,000,000 fine to alter any heritage site without a permit or license. The Act also provides protocols for assessments of archaeological sites, and “municipalities and the provincial government powers to preserve the heritage of Ontario” and focuses on protecting heritage properties and archaeological sites.

In 2005 an amendment of the Ontario Heritage Act provided further implementations which: Give the province and municipalities new powers to delay and also to stop demolition of heritage sites. They balance enhanced demolition controls with an appeals process that respects the rights of property owners.

Further expand the province's ability to identify and designate sites of provincial heritage significance.

Enhance protection of heritage conservation districts, marine heritage sites and archaeological resources.

The Ontario Heritage Act describes the roles of inspectors, who are province appointed individuals who can be qualified in archaeology or accompanied by experts, who are implemented when suspicion arises during an excavation that is related harming or threatening the publics interests. Suspicion can be related to anything from falsification of data, to falsification of what is occurring on site (either through archaeologists or developers). An inspector is able to enter any of the following.

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