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Coroners Act

R.R.O. 1990, REGULATION 180

GENERAL

Historical version for the period April 16, 2004 to July 16, 2009.

Last amendment: O. Reg. 98/04.

This is the English version of a bilingual Regulation.

Areas

1. The areas composed of the geographic areas prescribed under the Territorial Division Act, 2002 that are set out in Column 2 of Schedule 1 are established under subsection 3 (5) of the Act as areas to be known by the numbers set opposite them in Column 1 of Schedule 1. O. Reg. 98/04, s. 1.

Interest or Bias

2. For the purposes of subsection 34 (6) of the Act, the following are prescribed as matters that may be grounds for disqualification of a juror because of interest or bias:

1. Direct pecuniary or personal interest.

2. Personal hostility.

3. Personal friendship.

4. Family relationship.

5. Professional or vocational relationship.

6. Employer-employee relationship. R.R.O. 1990, Reg. 180, s. 2.

Notice

3. (1) A coroner before holding an inquest shall notify every person designated as a person with standing at the inquest and every person the coroner believes may be substantially and directly interested in the inquest of the date, time and place of the inquest. R.R.O. 1990, Reg. 180, s. 3 (1).

(2) The notice may be given by personal service or by sending by registered mail addressed to the person at the person’s usual residence. R.R.O. 1990, Reg. 180, s. 3 (2).

(3) The notice need not be given to a person who has been or will be summoned to attend at the inquest as a witness. R.R.O. 1990, Reg. 180, s. 3 (3).

4. Except where the circumstances otherwise require, an inquest shall be held in a court room or other place of equal dignity. R.R.O. 1990, Reg. 180, s. 4.

Proclamations

5. Every inquest shall be opened with the proclamation set out in paragraph 1 of Schedule 2. R.R.O. 1990, Reg. 180, s. 5.

6. Where an inquest is adjourned, whether to the following day or to a later day, the proclamation set out in paragraph 2 of Schedule 2 shall be made. R.R.O. 1990, Reg. 180, s. 6.

7. Where an inquest is resumed after an adjournment, the proclamation set out in paragraph 3 of Schedule 2 shall be made. R.R.O. 1990, Reg. 180, s. 7.

8. The proclamation set out in paragraph 4 of Schedule 2 shall be made at the close of an inquest. R.R.O. 1990, Reg. 180, s. 8.

Jurors

9. (1) A verdict or finding of a jury shall be in writing and shall be handed to the coroner who shall ensure that it complies with section 31 of the Act. R.R.O. 1990, Reg. 180, s. 9 (1).

(2) The coroner, where he or she considers it appropriate, may further address the jury with regard to the provisions of section 31 of the Act and may afford the jury an opportunity or opportunities to reconsider its verdict or finding. R.R.O. 1990, Reg. 180, s. 9 (2).

(3) Where the verdict or finding complies with section 31 of the Act it shall be read aloud before the jury is discharged. R.R.O. 1990, Reg. 180, s. 9 (3).

10. When a jury is discharged under subsection 31 (5) of the Act, the coroner shall forthwith prepare and transmit to the Chief Coroner a brief report of the discharge. R.R.O. 1990, Reg. 180, s. 10.

11. (1) The jurors at an inquest shall choose one of the members of the jury to be the foreman of the jury. R.R.O. 1990, Reg. 180, s. 11 (1).

(2) The oath set out in paragraph 1 of Schedule 3 shall be administered to each juror and an affirmative answer by the juror shall complete the oath. R.R.O. 1990, Reg. 180, s. 11 (2).

(3) A juror who objects to making the oath may in lieu thereof make the affirmation set out in paragraph 1 of Schedule 4. R.R.O. 1990, Reg. 180, s. 11 (3).

12. Subject to section 16, the oath set out in paragraph 2 of Schedule 3 shall be administered to a constable appointed under subsection 48 (2) of the Act and an affirmative answer by the constable shall complete the oath. R.R.O. 1990, Reg. 180, s. 12.

13. Subject to section 16, the oath set out in paragraph 3 of Schedule 3 shall be administered to a person appointed to record the evidence upon an inquest and an affirmative answer by the person shall complete the oath. R.R.O. 1990, Reg. 180, s. 13.

14. Subject to section 16, the oath set out in paragraph 4 of Schedule 3 shall be administered to a person acting as interpreter under subsection 48 (1) of the Act and an affirmative answer by the person shall complete the oath. R.R.O. 1990, Reg. 180, s. 14.

15. Subject to section 16, the oath set out in paragraph 5 of Schedule 3 shall be administered to a witness at an inquest and an affirmative answer by the witness shall complete the oath. R.R.O. 1990, Reg. 180, s. 15.

16. A person referred to in section 12, 13, 14 or 15, in lieu of making oath, may make the affirmation set out in paragraph 2, 3, 4 or 5, as the case requires, of Schedule 4. R.R.O. 1990, Reg. 180, s. 16.

17.-22. Revoked: O. Reg. 259/99, s. 1.

23. Revoked: O. Reg. 128/92, s. 1.

24.-41. Revoked: O. Reg. 259/99, s. 1.

SCHEDULE 1
AREAS

Column 1

Column 2

Area Number

Area

1.

Essex, Chatham-Kent and Lambton

2.

Elgin, Middlesex and Oxford

3.

Huron and Perth

4.

Bruce and Grey

5.

Waterloo and Wellington

6.

Brant, Haldimand and Norfolk

7.

Niagara

8.

Halton and Hamilton

9.

Toronto, Peel and York

10.

Dufferin and Simcoe

11.

Durham and Northumberland

12.

Haliburton, Kawartha Lakes and Peterborough

13.

Frontenac, Hastings, Lennox and Addington and Prince Edward

14.

Lanark and Leeds and Grenville

15.

Stormont, Dundas and Glengarry and Prescott and Russell

16.

Ottawa

17.

Renfrew and Nipissing

18.

Muskoka and Parry Sound

19.

Algoma, Manitoulin, Sudbury and Timiskaming

20.

Cochrane

21.

Thunder Bay

22.

Kenora and Rainy River

O. Reg. 98/04, s. 2.

SCHEDULE 2
PROCLAMATIONS

1. Oyez, Oyez, Oyez: Ladies and gentlemen you are summoned to attend here this day to inquire into and determine for Our Sovereign Lady, the Queen, the identity of the deceased, how, when, where and by what means the deceased came to his (her) death. Affirm your presence as your names are called.

2. Oyez, Oyez, Oyez: All persons having anything further to do before this inquest may depart hence at this time and give your attention here again on ......................... day, the .............................. day of ......................... , 20 ......... at ............. o’clock in the .................. noon. God save the Queen.

3. Oyez, Oyez, Oyez: This inquest is now resumed. The jurors will severally answer to their names as they are called.

4. Oyez, Oyez, Oyez: This inquest is now closed and the jury is discharged. God save the Queen.

R.R.O. 1990, Reg. 180, Sched. 2.

SCHEDULE 3
OATHS

1. Do You Swear that you will diligently inquire into the death of ............................................. and determine on the evidence presented at this inquest, his (her) identity, how, when, where and by what means the deceased came to his (her) death and without partiality or bias towards any person, render a true verdict in accordance with such evidence, so help you God?

2. Do You Swear that you will faithfully assist the coroner in the inquest into the death of ............................................. and perform such duties as the coroner shall direct and when the jury retires to consider its verdict you will not permit any person to speak to the jurors, nor will you speak to them concerning the inquest or matters relating to the inquest except to ask them if they have agreed on a verdict, so help you God?

3. Do You Swear that you will truly and faithfully and to the best of your skill and ability record the evidence given at this inquest and truly transcribe the same, if required, without favour or affection, prejudice or partiality towards any person, so help you God?

4. Do You Swear that you understand the ........................................ language and the English language and that you will truly and faithfully translate the oath or affirmation and all questions asked of and statements made to such witness or witnesses as the coroner shall direct and the evidence given and statements made by such witness or witnesses at this inquest to the best of your skill and ability, so help you God?

5. Do You Swear that the evidence that you will give at this inquest into the death of ............................................. will be the truth, the whole truth and nothing but the truth, so help you God?

R.R.O. 1990, Reg. 180, Sched. 3.

SCHEDULE 4
AFFIRMATIONS

1. Do You Solemnly Affirm that you will diligently inquire into the death of ............................................. and determine on the evidence presented at this inquest, his (her) identity, how, when, where and by what means the deceased came to his (her) death and without partiality or bias towards any person, render a true verdict in accordance with such evidence?

2. Do You Solemnly Affirm that you will faithfully assist the coroner in the inquest into the death of ............................................. and perform such duties as the coroner shall direct, and when the jury retires to consider its verdict you will not permit any person to speak to the jurors, nor will you speak to them concerning the inquest or matters relating to the inquest except to ask them if they have agreed on a verdict?

3. Do You Solemnly Affirm that you will truly and faithfully and to the best of your skill and ability record the evidence given at this inquest and truly transcribe the same, if required, without favour or affection, prejudice or partiality towards any person?

4. Do You Solemnly Affirm that you understand the ........................................ language and the English language and that you will truly and faithfully translate the oath or affirmation and all questions asked of and statements made to such witness or witnesses as the coroner shall direct and the evidence given and statements made by such witness or witnesses at this inquest to the best of your skill and ability?

5. Do You Solemnly Affirm that the evidence that you will give at this inquest into the death of ............................................. will be the truth, the whole truth and nothing but the truth?

R.R.O. 1990, Reg. 180, Sched. 4.

SCHEDULES 5-11 Revoked: O. Reg. 259/99, s. 2.

FORMS 1-16 Revoked: O. Reg. 259/99, s. 3.