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Coroners Act

ONTARIO REGULATION 19/15

FEES, ALLOWANCES AND FORMS

Consolidation Period: From April 1, 2023 to the e-Laws currency date.

Last amendment: 63/23.

Legislative History: 114/19 (as am. by 63/23), 166/22, 471/22, 63/23.

This is the English version of a bilingual regulation.

CONTENTS

1.

Transcription fees

2.

Juror fees and allowances

3.

Witness fees and allowances

4.

Post mortem examinations, etc.

4.1

Transporting a dead body

5.

Dividing line between northern Ontario and southern Ontario

6.

Form of warrant

Schedule 1

Jurors

Schedule 2

Witnesses

Schedule 3

Post mortem examinations, etc.

Schedule 4

Transporting a dead body

Transcription fees

1. (1) A person who transcribes evidence of an inquest shall be paid the fees set out in section 2 of Ontario Regulation 94/14 (Fees for Court Transcripts) made under the Administration of Justice Act. O. Reg. 19/15, s. 1 (1); O. Reg. 166/22, s. 1.

(2) Subsection (1) does not apply if the person who transcribes evidence is a public servant employed under Part III of the Public Service of Ontario Act, 2006. O. Reg. 19/15, s. 1 (2).

Juror fees and allowances

2. A person who serves as a juror at an inquest shall be paid the fees and allowances set out in Schedule 1.

Witness fees and allowances

3. A person who attends at an inquest as a witness upon the summons of the coroner shall be paid the fees and allowances set out in Schedule 2.

Post mortem examinations, etc.

4. The fees and allowances set out in Schedule 3 are payable for,

(a)  a post mortem examination of a body;

(b)  any other examination or analysis;

(c)  the use of facilities for post mortem examination in a hospital or other place; and

(d)  travel in connection with an examination or analysis. O. Reg. 114/19, s. 1.

Transporting a dead body

4.1 (1) In this section and in Schedule 4,

“funeral establishment” has the same meaning as in subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002; (“résidence funéraire”)

“operator” means a person licensed under the Funeral, Burial and Cremation Services Act, 2002 to operate a funeral establishment or a transfer service; (“exploitant”)

“transfer service” has the same meaning as in subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002. (“service de transfert”) O. Reg. 63/23, s. 1.

(2) The fees and allowances set out in Schedule 4 are payable to an operator in respect of services to transport a dead body in connection with a coroner’s investigation on the authorization of the coroner. O. Reg. 63/23, s. 1.

Dividing line between northern Ontario and southern Ontario

5. For the purposes of Schedules 1, 2, 3 and 4, the dividing line between northern Ontario and southern Ontario is as follows:

Healey Lake Road from Healey Lake easterly to its junction with Muskoka District Road 11; Muskoka District Road 11 southerly to its junction with Lake Joseph Road; Lake Joseph Road easterly to its junction with Highway 169; Highway 169 easterly to its junction with Muskoka District Road 118W; Muskoka District Road 118W through Bracebridge to its junction with Highway 11; Highway 11 northerly to its junction with Highway 60 at Huntsville; Highway 60 easterly to its junction with Highway 41; Highway 41 northerly to Pembroke; the above-named highways to be included in southern Ontario.

O. Reg. 114/19, s. 2.

Form of warrant

6. A warrant issued under subsection 40 (3) of the Act shall be in the form entitled “Bench Warrant”, labelled as Form 1 and dated 2015/01, that is available on the website of the Government of Ontario Central Forms Repository. O. Reg. 19/15, s. 6; O. Reg. 471/22, s. 1.

7. Omitted (revokes other Regulations).

8. Omitted (provides for coming into force of provisions of this Regulation).

Schedule 1
JURORS

1.  For each day of attendance at an inquest after the tenth day, up to and including the forty-ninth day, a fee of $50.

2.  For each day of attendance at an inquest after the forty-ninth day, a fee of $100.

3.  If the inquest is held outside the locality in which the juror resides, a travel allowance of 41 cents per kilometre in northern Ontario and 40 cents per kilometre in southern Ontario for each kilometre of necessary travel by private automobile between the juror’s place of residence and the place where the inquest is held.

4.  If the inquest is held in the locality in which the juror resides, a travel allowance of $3 for any necessary travel by private automobile between the juror’s place of residence and the place where the inquest is held.

5.  If a juror needs to travel to the inquest by means other than by private automobile, an amount equal to the amount of the fare paid for return transportation from his or her place of residence to the place where the inquest is held, if that amount is reasonable.

6.  If a juror is required to attend the inquest on more than one day and it is reasonable that the juror return to his or her place of residence at night, the allowance mentioned in paragraph 3, 4 or 5, as the case may be, is payable in respect of each day’s attendance.

7.  If a juror does not reside in the locality in which the inquest is held and in the opinion of the coroner it is desirable that the juror remain overnight in or near the locality, an amount equal to the amount paid by the juror for overnight accommodation, if that amount is reasonable.

8.  If an inquest continues past one-half day and in the opinion of the coroner it is desirable that a juror be reimbursed the cost of a meal, an amount equal to the amount paid by the juror for the meal, if that amount is reasonable.

9.  If in special circumstances a juror incurs expenses, other than travel, accommodation or meal expenses, related to his or her attendance at an inquest, an allowance in respect of the expenses in an amount approved by the Chief Coroner.

SCHEDULE 2
WITNESSES

1.  For each day of attendance of an expert witness, including the medical practitioner who performed the post mortem examination of the body, such fee not exceeding $200 as the coroner considers proper or a greater fee approved by the Chief Coroner if, in his or her opinion, the greater fee is justified having regard to the special circumstances of the case.

2.  If the inquest is held outside the locality in which the witness resides, a travel allowance of 41 cents per kilometre in northern Ontario and 40 cents per kilometre in southern Ontario for each kilometre of necessary travel by private automobile between the witness’s place of residence and the place where the inquest is held.

3.  If the inquest is held in the locality in which the witness resides, a travel allowance of $3 for any necessary travel by private automobile between the witness’ place of residence and the place where the inquest is held.

4.  If a witness needs to travel to the inquest by means other than by private automobile, an amount equal to the amount of the fare paid for return transportation from his or her place of residence to the place where the inquest is held, if that amount is reasonable.

5.  If a witness is required to attend the inquest on more than one day and it is reasonable that the witness returns to his or her place of residence at night, the allowance mentioned in paragraph 2, 3 or 4, as the case may be, is payable in respect of each day’s attendance.

6.  If a witness does not reside in the locality in which the inquest is held and in the opinion of the coroner it is desirable that the witness remain overnight in or near the locality, an amount equal to the amount paid by the witness for overnight accommodation, if that amount is reasonable.

7.  If a witness is required to attend the inquest past one-half day and in the opinion of the coroner it is desirable that the witness be reimbursed the cost of a meal, an amount equal to the amount paid by the witness for the meal, if that amount is reasonable.

8.  If in special circumstances a witness incurs expenses, other than travel, accommodation or meal expenses, related to his or her attendance at an inquest, an allowance in respect of the expenses in an amount approved by the Chief Coroner.

SChedule 3
POST MORTEM EXAMINATIONS, ETC.

1.  For an external post mortem examination by a legally qualified medical practitioner, including the service of an assistant when necessary, a fee of $300.

2.  For an internal post mortem examination by a legally qualified medical practitioner, including necessary microscopic sections to prove diagnosis and including the service of an assistant when necessary, a fee of $1,200.

3.  The fees mentioned in paragraphs 1 and 2 may be increased by the Chief Coroner to an amount that he or she considers appropriate, but that does not exceed $1,650, if, in his or her opinion, the increase is justified having regard to the special circumstances of the case.

4.  For any other examination or analysis, a fee in an amount equal to the cost of the examination or analysis, but not exceeding $50.

5.  The fee mentioned in paragraph 4 may be increased by the Chief Coroner to an amount that he or she considers appropriate if, in his or her opinion, the increase is justified having regard to the special circumstances of the case.

6.  For the use of facilities for post mortem examination in a hospital or other place, for each post mortem examination, a fee of $400.

7.  The fee mentioned in paragraph 6 may be increased by the Chief Coroner to an amount that he or she considers appropriate if, in his or her opinion, the increase is justified having regard to the special circumstances of the case.

8.  For each kilometre of necessary travel by private automobile by a legally qualified medical practitioner in connection with an examination or analysis, a travel allowance of 41 cents per kilometre in northern Ontario and 40 cents per kilometre in southern Ontario.

9.-13. Revoked: O. Reg. 114/19, s. 3 (2).

O. Reg. 114/19, s. 3.

Schedule 4
Transporting a Dead Body

To a place for examination

1.  As of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation to a place for examination, the amount that is the greater of the following:

i.  The fee set out opposite the date in Column 2 of Table 1.

ii.  An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A.  The distance from the operator’s place of business to the place where the body is picked up.

B.  The distance from the place where the body is picked up to the place where it is to be examined.

C.  The distance from the place where the body is examined to the operator’s place of business.

From a place of examination

2.  Subject to paragraph 3, as of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation from a place for examination to a subsequent location, the amount that is the lesser of the following:

i.  An amount equal to the allowance that was payable under subparagraph 1 ii in respect of the body.

ii.  An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A.  The distance from the operator’s place of business to the place where the body was examined.

B.  The distance from the place where the body was examined to the subsequent location.

C.  If applicable, the distance from the subsequent location mentioned in sub-subparagraph B to the operator’s place of business.

3.  No amount is payable under paragraph 2 in respect of the transportation of a dead body if the necessary travel by the operator who provided the service described in paragraph 1 in respect of the dead body over the distances described in sub-subparagraphs 1 ii A, B and C was less than 122 kilometres.

To a place for examination and to a subsequent location

4.  As of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation over a total distance of at least 122 kilometres, consisting of transportation to a place for examination and to a subsequent location, the amount that is the lesser of the following:

i.  An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A.  The distance from the operator’s place of business to the place where the body is picked up.

B.  The distance from the place where the body is picked up to the place where it is to be examined.

C.  The distance from the place where the body is examined to the operator’s place of business or to the location of a funeral establishment near the place where the body was initially picked up.

D.  If applicable, the distance from the funeral establishment mentioned in sub-subparagraph C to the operator’s place of business.

ii.  An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A.  The distance from the operator’s place of business to the place where the body is picked up.

B.  The distance from the place where the body is picked up to the place where it is to be examined.

C.  The distance from the place where the body is examined to a location other than a place described in sub-subparagraph i C.

D.  If applicable, the distance from the location mentioned in sub-subparagraph C to the operator’s place of business.

Increases by Chief Coroner

5.  An amount mentioned in paragraph 1, 2 or 4 may be increased by the Chief Coroner to an amount that the Chief Coroner considers appropriate if, in their opinion, the increase is justified having regard to the special circumstances of the case.

Additional attendants

6.  As of a date set out in Column 1 of Table 1 of this Schedule, if the service described in paragraph 1, 2 or 4 necessarily requires the use of more than two attendants at the same time,

i.  the fee set out opposite the date in Column 4 of Table 1 for each additional attendant beyond the first two attendants, and

ii.  subject to paragraph 7, an allowance for necessary travel of each of the additional attendants over the distance to and from the location or locations where they provide the service and calculated at the rate of,

A.  in southern Ontario, 40 cents per kilometre per additional vehicle required, and

B.  in northern Ontario, 41 cents per kilometre per additional vehicle required.

7.  If the reimbursement rate for travel in southern Ontario or northern Ontario set out in the document entitled “Travel, Meal and Hospitality Expenses Directive”, published by Management Board of Cabinet and available on a website of the Government of Ontario, as amended from time to time, is higher than the applicable rate in sub-subparagraph 6 ii A or B in respect of the date of transportation, the allowance under sub-subparagraph 6 ii A or B shall be calculated at the applicable rate set out in that document.

Additional fees

8.  As of a date set out in Column 1 of Table 2 of this Schedule, the following fees apply in respect of a service described in paragraph 1 or 4:

i.  If more than one dead body is transported at the same time as part of providing the service, the fee set out opposite the date in Column 2 of Table 2 for each additional dead body.

ii.  If providing the service necessarily requires the use of a body pouch, the fee set out opposite the date in Column 3 of Table 2 for each required body pouch.

iii.  If providing the service necessarily requires overnight storage of a body, for each instance of a body stored overnight, the fee set out opposite the date in Column 4 of Table 2.

iv.  If providing the service necessarily occurs either between 7 p.m. and 7 a.m. or on a day that is a holiday as defined in the Retail Business Holidays Act, the fee set out opposite the date in Column 5 of Table 2 for each time the service is provided either between those hours or on a holiday or both.

v.  If waiting time in excess of one half hour is necessarily incurred in connection with providing a service, for each hour of waiting time but not exceeding eight hours per 24-hour period,

A.  the fee set out opposite the date in Column 6 of Table 2, in the case of a single attendant who is required to wait, or

B.  the fee set out opposite the date in Column 7 of Table 2, in the case of two or more attendants who are required to wait.

vi.  If the coroner approves transportation by means other than a motor vehicle as part of providing the service,

A.  a fee equal to the amount paid for the transportation, and

B.  in the case of transportation by air or rail, the additional administrative fee set out opposite the date in Column 8 of Table 2.

9.  As of a date set out in Column 1 of Table 2 of this Schedule, the fees described in subparagraphs 8 i and vi apply in respect of a service described in paragraph 2.

10.  If providing a service described in paragraph 1, 2 or 4 necessarily requires any attendants to seek overnight accommodation, for each night,

i.  a total allowance of $300 for all attendants, or

ii.  actual reasonably incurred expenses by attendants, supported by receipts and not exceeding $425 for all attendants, for accommodation and related expenses.

Table 1

Item

Column 1
Date

Column 2
Flat fee (transportation to place for examination)

Column 3
Allowance

Column 4
Fee for each additional attendant (if more than two attendants)

1.

April 1, 2023

$550

$4.50 per kilometre

$110

2.

April 1, 2024

$569.25

$4.66 per kilometre

$113.85

3.

April 1, 2025

$589.17

$4.82 per kilometre

$117.83

4.

April 1, 2026

$609.79

$4.99 per kilometre

$121.95

5.

April 1, 2027

$631.13

$5.16 per kilometre

$126.22

 

Table 2

Item

Column 1
Date

Column 2
Fee per additional body

Column 3
Fee per body pouch

Column 4
Fee per night of overnight storage of body

Column 5
Fee for 7 p.m. to 7 a.m. or holiday

Column 6
Fee per hour of waiting time (one attendant)

Column 7
Fee per hour of waiting time (two or more attendants)

Column 8
Administrative fee for air or rail

1.

April 1, 2023

$75

$50

$95

$120

$55

$110

$95

2.

April 1, 2024

$77.63

$51.75

$98.33

$124.20

$56.93

$113.85

$98.33

3.

April 1, 2025

$80.35

$53.56

$101.77

$128.55

$58.92

$117.83

$101.77

4.

April 1, 2026

$83.16

$55.43

$105.33

$133.05

$60.98

$121.95

$105.33

5.

April 1, 2027

$86.07

$57.37

$109.02

$137.71

$63.11

$126.22

$109.02

O. Reg. 63/23, s. 2.

 

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