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O. Reg. 524/18: PUBLICATION OF CHIEF CORONER'S EXPLANATION OF THE DETERMINATION NOT TO HOLD AN INQUEST

under Coroners Act, R.S.O. 1990, c. C.37

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Coroners Act

ONTARIO REGULATION 524/18

PUBLICATION OF CHIEF CORONER’S EXPLANATION OF THE DETERMINATION NOT TO HOLD AN INQUEST

Consolidation Period:  From January 1, 2019 to the e-Laws currency date.

Last amendment: 524/18.

Legislative History: 524/18.

This is the English version of a bilingual regulation.

Required information

1. (1) For the purposes of subsection 18 (2) of the Act, the Chief Coroner’s explanation must include all of the following information:

1. The gender of the deceased.

2. Which of the following age categories the deceased was in at the time of death:

i. 12 years of age or younger.

ii. More than 12 years of age but less than 25 years of age.

iii. 25 years of age or older.

3. The race of the deceased, if that information was provided to the coroner by a family member of the deceased.

4. The date and time of death.

5. The approximate location of the incident that was investigated by the special investigations unit.

Note: On the later of the day subsection 35 (1) of Schedule 4 to the Safer Ontario Act, 2018 comes into force and January 1, 2019, the day subsection 14 (1) of Schedule 6 to the Safer Ontario Act, 2018 comes into force, paragraph 5 of subsection 1 (1) of the Regulation is amended by striking out “special investigations unit” and substituting “Ontario Special Investigations Unit”. (See: O. Reg. 524/18, s. 2 (2))

6. The name of the responding police force.

Note: On the later of the day subsection 2 (1) of Schedule 1 to the Safer Ontario Act, 2018 comes into force and January 1, 2019, the day subsection 14 (1) of Schedule 6 to the Safer Ontario Act, 2018 comes into force, paragraph 6 of subsection 1 (1) of the Regulation is amended by striking out “police force” at the end and substituting “police service”. (See: O. Reg. 524/18, s. 2 (1))

7. The case number assigned by the special investigations unit.

Note: On the later of the day subsection 35 (1) of Schedule 4 to the Safer Ontario Act, 2018 comes into force and January 1, 2019, the day subsection 14 (1) of Schedule 6 to the Safer Ontario Act, 2018 comes into force, paragraph 7 of subsection 1 (1) of the Regulation is amended by striking out “special investigations unit” and substituting “Ontario Special Investigations Unit”. (See: O. Reg. 524/18, s. 2 (2))

8. The start and end date of the coroner’s investigation.

9. A brief synopsis of the incident, including only those details that are necessary to understand how and by what means the death occurred.

10. The reasons why the coroner determined that an inquest is unnecessary, which must,

i. refer to the considerations set out in subsection 20 (1) of the Act, and

ii. include any findings from the coroner’s investigation that are required to explain why an inquest is unnecessary.

(2) The Chief Coroner’s explanation shall not include the name of any individual.

(3) The Chief Coroner shall not publish the explanation until the later of,

(a) the day a report made under subsection 113 (8) of the Police Services Act on the results of the special investigation unit’s investigation is made public; or

(b) if the special investigations unit lays a criminal charge as a result of its investigation, the day the charge or any appeal from a conviction or an acquittal of the offence charged has been finally disposed of or the time for taking an appeal has expired.

Note: On the later of the day subsection 35 (1) of Schedule 4 to the Safer Ontario Act, 2018 comes into force and January 1, 2019, the day subsection 14 (1) of Schedule 6 to the Safer Ontario Act, 2018 comes into force, subsection 1 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 524/18, s. 2 (3))

(3) The Chief Coroner shall not publish the explanation until the later of,

(a) the day a report made under section 35 of the Ontario Special Investigations Unit Act, 2018 on the results of the Ontario Special Investigations Unit’s investigation is made public; or

(b) if the Ontario Special Investigations Unit lays a criminal charge as a result of its investigation, the day the charge or any appeal from a conviction or an acquittal of the offence charged has been finally disposed of or the time for taking an appeal has expired. O. Reg. 524/18, s. 2 (3).

Note: On the later of the day subsection 36 (1) of Schedule 2 to the Safer Ontario Act, 2018 comes into force and January 1, 2019, the day subsection 14 (1) of Schedule 6 to the Safer Ontario Act, 2018 comes into force, subsection 1 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 524/18, s. 2 (4))

(3) The Chief Coroner shall not publish the explanation until the later of,

(a) the day a report made under section 36 of the Policing Oversight Act, 2018 on the results of the Ontario Special Investigations Unit’s investigation is made public; or

(b) if the Ontario Special Investigations Unit lays a criminal charge as a result of its investigation, the day the charge or any appeal from a conviction or an acquittal of the offence charged has been finally disposed of or the time for taking an appeal has expired. O. Reg. 524/18, s. 2 (4).

2. Omitted (provides for amendments to this Regulation).

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

 

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