The Minister of Justice and Public Safety and Attorney General may bring proceedings to protect burial grounds and may grant permits for good-faith visitors to enter them.
c t ANCIENT BURIAL GROUNDS ACT PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 16, 2025. It is intended for information and reference purposes only. This document is not the official version of the Act. The Act and the amendments as printed under the authority of the King’s Printer for the province should be consulted to determine the authoritative statement of the law. For more information concerning the history of this Act, please see the Table of Public Acts on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Ancient Burial Grounds Act Section 1 c ANCIENT BURIAL GROUNDS ACT CHAPTER A-11 1. Burial grounds vested in Minister of Justice and Public Safety and Attorney General All burial grounds within the province in which the freehold is not vested in a corporation or one or more trustees for cemetery purposes and which are no longer actually used for burial purposes, are declared to be vested in the Minister of Justice and Public Safety and Attorney General of the province and the Minister’s successors in office as a corporation sole. R.S.P.E.I. 1974, Cap.A-9,s.1; 1993,c.29,s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2025,c.11,s.2(2). 2. Legal action by the Minister of Justice and Public Safety and Attorney General The Minister of Justice and Public Safety and Attorney General, for the purpose of protecting the burial grounds, has the power at all times to take and bring in the Minister’s name as Minister of Justice and Public Safety and Attorney General all proceedings, actions and suits as may be necessary to protect the burial grounds from being trespassed upon or defaced or damaged. R.S.P.E.I. 1974,Cap.A-9,s.2; 1993,c.29,s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2025,c.11,s.2(3). 3. Rights of ordinary plaintiff In any suits or proceedings under this Act, the Minister of Justice and Public Safety and Attorney General has the same rights as an ordinary plaintiff. R.S.P.E.I. 1974, Cap.A-9,s.3; 1993,c.29,s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2025,c.11,s.2(4). 4. Permit to visit The Minister of Justice and Public Safety and Attorney General has the right to grant permits to persons, in good faith, desirous of visiting or entering the burial grounds surrounded by privately owned lands and the permit is sufficient answer to any claim or suit threatened or brought against any persons using a permit. R.S.P.E.I. 1974, Cap.A-9,s.4; 1993,c.29,s.4; 1997,c.20,s.3; 2000,c.5,s.3; 2010,c.14,s.3; 2012,c.17,s.2; 2015,c.28,s.3; 2025,c.11,s.2(5). 5. Idem A permit may be granted under section 4 whether or not the cemetery is vested in a corporation or in trustees. R.S.P.E.I. 1974, Cap. A-9, s.5. c t Current to: May 16, 2025 Page 3