A B.C. property owner found 2 skulls while digging a garden. They didn’t expect the fees that followed

The discovery of human remains on a vacant lot in North Kamloops, B.C., has prompted a local lawyer to caution property buyers about the potential costs and consequences of archaeological finds.

The situation began last June when the property owner, who had purchased the lot in 2004, planned to create a small garden for residents of a nearby seniors’ facility. According to Vancouver-based commercial real estate lawyer Christine Elliott, who represents the owner, the project came to an abrupt halt almost immediately.

“Within two scoops of a backhoe, two skulls were uncovered,” Elliott said.

Construction stopped right away, and police and the Tk̓emlúps te Secwépemc First Nation were notified. The following day, the First Nation issued a statement confirming that the remains were ancestral, culturally significant, and that the site was considered sacred.

“For Tk̓emlúps te Secwépemc, the discovery of ancestral remains is not a matter of property or debate, but a matter of responsibility,” said Kúkwpi7 (Chief) Rosanne Casimir in a statement released on Jan. 20. “These are our relatives, and our laws and cultural protocols require us to care for them with dignity and respect.”

Archaeologist Joanne Hammond, who is not involved with the site, said such a discovery is not surprising, even in a developed neighbourhood surrounded by homes and businesses.

“We’re standing on a sandy hilltop in the middle of a valley where people have lived for 10,000 years,” she said. “If I were looking for an archaeological site, this is exactly where I would start.”

A sandy lot in North Kamloops, B.C., sits empty several months after human remains were uncovered when the property owner began work to build a community garden.

Weeks passed, and Elliott said she struggled to get clear answers about whether any work was taking place at the site, or what the next steps might be.

Seven months after the initial discovery, Elliott says her client has accumulated more than $130,000 in costs — including roughly $50,000 in archaeological fees and $88,000 in legal expenses — with no financial assistance available to recover those losses.

As expenses continue to mount, the future of the property remains unclear, Elliott added.

The province says that, so far, no extensive archaeological investigation has been conducted at the site beyond a preliminary field reconnaissance survey, which it notes does not provide definitive evidence about the size or scope of the archaeological site.

Heritage Conservation Act reforms

This is not the first time a B.C. property owner has faced delays and unexpected costs after discovering archaeological or cultural material on their land. A 2010 CBC News report described a similar case on Vancouver Island, where a homeowner was required to pay thousands of dollars in archaeological fees after human remains were found during the early stages of building a house.

Casimir said First Nations have long called for reforms to the Heritage Conservation Act, which is meant to protect and conserve heritage property in British Columbia. She noted that Forests Minister Ravi Parmar recently confirmed that planned reforms to the legislation have been postponed.

She said the situation highlights ongoing problems within the Act, particularly confusion around archaeological processes, limited information sharing, and a lack of provincial support.

“It does concern me, as an archaeologist, that finding archaeological remains has become such a contentious issue,” she said.

What happens if you find remains or historical items?

If archaeological or culturally significant material is discovered on a property, work must stop immediately and the B.C. Archaeology Branch must be contacted. The province also recommends reaching out to a nearby university archaeology or anthropology department, or a professional consulting anthropologist.

If human remains are found, they must not be disturbed. Once the Archaeology Branch is notified, the coroner and local police will be contacted to determine whether the remains are archaeological. If so, local First Nations are consulted for further assessment.

Who pays the costs?

In short: the property owner.

“No one is coming to rescue you when these costs arise,” Elliott said.

The Ministry of Forests confirmed that property owners are responsible, adding that costs can sometimes be reduced by acting early and using low-impact development approaches. It also noted that expenses vary depending on the size and location of the property, though Heritage Conservation Act permits and information provided by the province are free.

Can property owners prepare in advance?

Elliott said that even after 40 years practising commercial real estate law, she only recently learned about RAAD searches — Remote Access to Archaeological Data — which provide information on known archaeological sites in B.C. The B.C. Association of Professional Archaeologists recommends that realtors obtain this information for prospective buyers.

While RAAD is not publicly accessible, property owners can submit a request to the provincial Archaeology Branch.

“I won’t look at land without doing a RAAD search,” Elliott said.

Beyond that, Elliott cautioned that uncovering archaeological material can lead to major delays and substantial costs.

When can work resume?

If an archaeological site is confirmed on a property, a Heritage Conservation Act permit is required before work can continue. The permitting process can take several weeks, as applications are reviewed by the Archaeology Branch and shared with affected First Nations for input.

“It could take quite a while to resolve something like this,” Hammond said. “The wheels of archaeology turn very slowly.”