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

Coroners Act

R.S.O. 1990, CHAPTER C.37

Historical version for the period December 1, 2020 to April 18, 2021.

Last amendment: 2019, c. 1, Sched. 6.

Legislative History: 1993, c. 27, Sched.; 1994, c. 27, s. 136; 1997, c. 39, s. 4-6; 1998, c. 18, Sched. B, s. 3; 1998, c. 18, Sched. G, s. 47; 1999, c. 6, s. 15; 1999, c. 12, Sched. P, s. 1, 2; 2001, c. 13, s. 10; 2002, c. 33, s. 142; 2005, c. 5, s. 15; 2005, c. 29, s. 2; 2006, c. 19, Sched. C, s. 1 (1); 2006, c. 19, Sched. D, s. 4; 2006, c. 21, Sched. C, s. 104; 2006, c. 24, s. 2; 2007, c. 8, s. 201; 2008, c. 14, s. 50; 2009, c. 15; 2009, c. 33, Sched. 8, s. 11; 2009, c. 33, Sched. 9, s. 3; 2009, c. 33, Sched. 18, s. 6; 2017, c. 7, s. 1; 2017, c. 14, Sched. 4, s. 8; 2017, c. 25, Sched. 9, s. 91; 2017, c. 34, Sched. 46, s. 9; 2018, c. 3, Sched. 6 (see: 2019, c. 1, Sched. 6, s. 12); 2018, c. 6, Sched. 3, s. 6; 2019, c. 1, Sched. 6.

CONTENTS

1.

Definitions

2.

Effect of Act

3.

Chief Coroner and duties

4.

Regional coroners

5.

Appointment of coroners

5.1

Tenure

5.2

Residential areas

5.3

Crown Attorney notified of appointment

6.

Ontario Forensic Pathology Service

7.

Chief Forensic Pathologist and Deputies

7.1

Pathologists register

8.

Oversight Council

8.1

Functions of Oversight Council

8.2

Complaints committee

8.3

Confidentiality

8.4

Complaints

9.

Police assistance

10.

Duty to give information

10.1

Medical assistance in dying

11.

Interference with body

12.

Power of coroner to take charge of wreckage

13.

Shipment of bodies outside Ontario

14.

Transportation of a body out of Ontario for post mortem

15.

Coroner’s investigation

16.

Investigative powers

16.1

Appointment of persons with coroners’ investigative powers and duties

17.

Transfer of investigation

18.

Inquest unnecessary

18.1

Coroner’s report if death suspected not of natural causes

19.

Determination to hold an inquest

20.

What coroner shall consider and have regard to

21.

Where body destroyed or removed from Ontario

22.1

Inquest mandatory

24.

Chief Coroner may direct that body be disinterred

25.

Direction by Chief Coroner

25.1

Previously investigated deaths

26.

Request by relative for inquest

27.

Where criminal offence charged

28.

Post mortem examination

29.

Reports of post mortem findings

30.

Crown counsel

31.

Purposes of inquest

32.

Inquest public

33.

Juries

34.

List of jurors

35.

Report to sheriff re jury service

36.

Jury irregularities not to affect outcome

37.

Jury’s duties, powers

38.

Majority verdict

39.

Service of summonses

40.

Summonses

41.

Persons with standing at inquest

42.

Protection for witnesses

43.

Rights of witnesses to representation

44.

Admissibility of evidence

45.

Taking evidence

46.

Adjournments

47.

Maintenance of order at inquest

48.

Interpreters and constables

49.

Administration of oaths

50.

Further powers of coroner

50.1

Rules of procedure for inquests

51.

Contempt proceedings

52.

Conclusion of inquest

52.1

Disclosure of personal information

52.2

Information and Privacy Commissioner’s review of practices

52.3

Offence

53.

Protection from personal liability

54.

Seals not necessary

55.

Offences

56.

Regulations and fees

57.

Forms

 

Definitions

1 (1) In this Act,

“auxiliary member”, “First Nations Constable”, “police force” and “special constable” have the same meaning as in the Police Services Act; (“membre auxiliaire”, “agent des Premières Nations”, “corps de police”, “agent spécial”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definitions of  “auxiliary member”, “First Nations Constable”, “police force” and “special constable” in subsection 1 (1) of the Act are repealed and the following substituted: (See: 2019, c. 1, Sched. 6, s. 1 (1))

“auxiliary member”, “First Nation Officer”, “police service” and “special constable” have the same meaning as in the Community Safety and Policing Act, 2019; (“membre auxiliaire”, “agent de Première Nation”, “service de police”, “agent spécial”)

“Chief Coroner” means the Chief Coroner for Ontario; (“coroner en chef ”)

“Chief Forensic Pathologist” means the Chief Forensic Pathologist for Ontario; (“médecin légiste en chef”)

“coroner” means the Chief Coroner, a Deputy Chief Coroner, a regional coroner or a coroner appointed under section 5; (“coroner”)

“Deputy Chief Coroner” means a Deputy Chief Coroner for Ontario; (“coroner en chef adjoint”)

“Deputy Chief Forensic Pathologist” means a Deputy Chief Forensic Pathologist for Ontario; (“médecin légiste en chef adjoint”)

“forensic pathologist” means a pathologist who has been certified by the Royal College of Physicians and Surgeons of Canada in forensic pathology or has received equivalent certification in another jurisdiction; (“médecin légiste”)

“mine” means a mine as defined in the Occupational Health and Safety Act; (“mine”)

“mining plant” means a mining plant as defined in the Occupational Health and Safety Act; (“installation minière”)

“Minister” means the Minister of Community Safety and Correctional Services or the minister of the Crown to whom the powers and duties under this Act are assigned or transferred under the Executive Council Act; (“ministre”)

“Oversight Council” means the Death Investigation Oversight Council established under section 8; (“Conseil de surveillance”)

“pathologist” means a physician who has been certified by the Royal College of Physicians and Surgeons of Canada as a specialist in anatomical or general pathology or has received equivalent certification in another jurisdiction; (“pathologiste”)

“pathologists register” means the register of pathologists maintained under section 7.1; (“registre des pathologistes”)

“research” means a systematic investigation designed to develop or establish principles, facts or generalizable knowledge, or any combination of them, and includes the development, testing and evaluation of research; (“recherche”)

“spouse” means a person,

(a)  to whom the deceased was married immediately before his or her death,

(b)  with whom the deceased was living in a conjugal relationship outside marriage immediately before his or her death, if the deceased and the other person,

(i)  had cohabited for at least one year,

(ii)  were together the parents of a child, or

(iii)  had together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“tissue” includes an organ or part of an organ. (“tissu”) R.S.O. 1990, c. C.37, s. 1; 1999, c. 6, s. 15 (1); 2005, c. 5, s. 15 (1, 2); 2009, c. 15, s. 1 (1); 2017, c. 34, Sched. 46, s. 9 (1); 2018, c. 3, Sched. 6, s. 1; 2019, c. 1, Sched. 6, s. 1 (2).

Interpretation of body

(2) A reference in this Act to the body of a person includes part of the body of a person. 2009, c. 15, s. 1 (2).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 15 (1) - 01/03/2000

2005, c. 5, s. 15 (1, 2) - 09/03/2005

2009, c. 15, s. 1 (1, 2) - 27/07/2009

2017, c. 34, Sched. 46, s. 9 (1) - 01/01/2018

2018, c. 3, Sched. 6, s. 1 (1) - 30/04/2018; 2018, c. 3, Sched. 6, s. 1 (2-5) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019

2019, c. 1, Sched. 6, s. 1 (1) - not in force; 2019, c. 1, Sched. 6, s. 1 (2) - 01/12/2020

Effect of Act

Repeal of common law functions

2 (1) In so far as it is within the jurisdiction of the Legislature, the common law as it relates to the functions, powers and duties of coroners within Ontario is repealed.  R.S.O. 1990, c. C.37, s. 2 (1).

Inquest not criminal court of record

(2) The powers conferred on a coroner to conduct an inquest shall not be construed as creating a criminal court of record.  R.S.O. 1990, c. C.37, s. 2 (2).

Chief Coroner and duties

3 (1) The Lieutenant Governor in Council may appoint a legally qualified medical practitioner to be Chief Coroner for Ontario who shall,

(a)  administer this Act and the regulations;

(b)  supervise, direct and control all coroners in Ontario in the performance of their duties;

(c)  conduct programs for the instruction of coroners in their duties;

(d)  bring the findings and recommendations of coroners’ investigations and inquest juries to the attention of appropriate persons, agencies and ministries of government;

(e)  prepare, publish and distribute a code of ethics for the guidance of coroners;

(f)  perform such other duties as are assigned to him or her by or under this or any other Act or by the Lieutenant Governor in Council. 2018, c. 3, Sched. 6, s. 2.

Deputy Chief Coroners

(2) The Lieutenant Governor in Council may appoint one or more legally qualified medical practitioners to be Deputy Chief Coroners for Ontario, and a Deputy Chief Coroner shall act as and have all the powers and authority of the Chief Coroner if the Chief Coroner is absent or unable to act or if the Chief Coroner’s position is vacant. 2018, c. 3, Sched. 6, s. 2.

Delegation

(3) The Chief Coroner may delegate in writing any of his or her powers and duties under this Act to a Deputy Chief Coroner, subject to any limitations, conditions and requirements set out in the delegation. 2018, c. 3, Sched. 6, s. 2.

Appointments continued

(4) A person appointed as the Chief Coroner or as a Deputy Chief Coroner under section 4 of this Act, as it read before the day section 2 of Schedule 6 to the Safer Ontario Act, 2018 came into force, shall be deemed to have been appointed under this section. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 47 - 1/02/1999

2005, c. 29, s. 2 - 12/12/2006

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

Regional coroners

4 (1) The Lieutenant Governor in Council may appoint a legally qualified medical practitioner as a regional coroner for such region of Ontario as is described in the appointment. 2018, c. 3, Sched. 6, s. 2.

Duties

(2) A regional coroner shall assist the Chief Coroner in the performance of his or her duties in the region and shall perform such other duties as are assigned to him or her by the Chief Coroner. 2018, c. 3, Sched. 6, s. 2.

Appointments continued

(3) A person appointed as a regional coroner under section 5 of this Act, as it read before the day section 2 of Schedule 6 to the Safer Ontario Act, 2018 came into force, shall be deemed to have been appointed under this section. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

1999, c. 12, Sched. P, s. 1 - 04/02/2000

2009, c. 15, s. 2 (1-4) - 27/07/2009

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

Appointment of coroners

5 (1) The Chief Coroner may appoint one or more legally qualified medical practitioners to be coroners for Ontario. 2018, c. 3, Sched. 6, s. 2.

Appointments continued

(2) A person appointed as a coroner under section 3 of this Act, as it read before the day section 2 of Schedule 6 to the Safer Ontario Act, 2018 came into force, other than a person to whom subsection 3 (4) or 4 (3) applies, shall be deemed to have been appointed as a coroner under this section. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

Tenure

5.1 (1) A coroner ceases to hold office on ceasing to be a legally qualified medical practitioner. 2018, c. 3, Sched. 6, s. 2.

Chief Coroner to be notified

(2) The College of Physicians and Surgeons of Ontario shall notify the Chief Coroner as soon as possible where the licence of a coroner for the practice of medicine is revoked, suspended or cancelled. 2018, c. 3, Sched. 6, s. 2.

Resignation

(3) A coroner may resign his or her office in writing. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

Residential areas

5.2 (1) The Lieutenant Governor in Council may by regulation establish areas of Ontario for the purposes of subsection (2). 2018, c. 3, Sched. 6, s. 2; 2019, c. 1, Sched. 6, s. 2 (1).

Requirement

(2) The appointment and continuation in office of a coroner appointed under section 5 is subject to the condition that he or she is ordinarily resident in the area named in the appointment. 2018, c. 3, Sched. 6, s. 2; 2019, c. 1, Sched. 6, s. 2 (2).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

2019, c. 1, Sched. 6, s. 2 (1, 2) - 26/03/2019

Crown Attorney notified of appointment

5.3 A copy of the appointment of a coroner shall be sent by the Minister to the Crown Attorney of any area in which the coroner will ordinarily act. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

Ontario Forensic Pathology Service

6 The Minister shall establish the Ontario Forensic Pathology Service, to be known in French as Service de médecine légale de l’Ontario, the function of which shall be to facilitate the provision of pathologists’ services under this Act.  2009, c. 15, s. 3.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. B, s. 3 - 18/12/1998

2009, c. 15, s. 3 - 27/07/2009

Chief Forensic Pathologist and Deputies

7 (1) The Lieutenant Governor in Council may appoint a forensic pathologist to be Chief Forensic Pathologist for Ontario who shall,

(a)  be responsible for the administration and operation of the Ontario Forensic Pathology Service;

(b)  supervise and direct pathologists in the provision of services under this Act;

(c)  conduct programs for the instruction of pathologists who provide services under this Act;

(d)  prepare, publish and distribute a code of ethics for the guidance of pathologists in the provision of services under this Act;

(e)  perform such other duties as are assigned to him or her by or under this or any other Act or by the Lieutenant Governor in Council.  2009, c. 15, s. 3.

Deputy Chief Forensic Pathologists

(2) The Lieutenant Governor in Council may appoint one or more forensic pathologists to be Deputy Chief Forensic Pathologists for Ontario and a Deputy Chief Forensic Pathologist shall act as and have all the powers and authority of the Chief Forensic Pathologist if the Chief Forensic Pathologist is absent or unable to act or if the Chief Forensic Pathologist’s position is vacant.  2009, c. 15, s. 3.

Delegation

(3) The Chief Forensic Pathologist may delegate in writing any of his or her powers and duties under this Act to a Deputy Chief Forensic Pathologist, subject to any limitations, conditions and requirements set out in the delegation.  2009, c. 15, s. 3.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. B, s. 3 - 18/12/1998

2009, c. 15, s. 3 - 27/07/2009

Pathologists register

7.1 (1) The Chief Forensic Pathologist shall maintain a register of pathologists who are authorized by the Chief Forensic Pathologist to provide services under this Act.  2009, c. 15, s. 3.

Notification re loss of medical licence

(2) The College of Physicians and Surgeons of Ontario shall forthwith notify the Chief Forensic Pathologist if the licence for the practice of medicine of a pathologist who is on the pathologists register is revoked, suspended or cancelled.  2009, c. 15, s. 3.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 3 - 27/07/2009

Oversight Council

8 (1) There is hereby established a council to be known in English as the Death Investigation Oversight Council and in French as Conseil de surveillance des enquêtes sur les décès.  2009, c. 15, s. 4.

Membership

(2) The composition of the Oversight Council shall be as provided in the regulations, and the members shall be appointed by the Lieutenant Governor in Council.  2009, c. 15, s. 4.

Chair, vice-chairs

(3) The Lieutenant Governor in Council may designate one of the members of the Oversight Council to be the chair and one or more members of the Oversight Council to be vice-chairs and a vice-chair shall act as and have all the powers and authority of the chair if the chair is absent or unable to act or if the chair’s position is vacant.  2009, c. 15, s. 4.

Employees

(4) Such employees as are considered necessary for the proper conduct of the affairs of the Oversight Council may be appointed under Part III of the Public Service of Ontario Act, 2006.  2009, c. 15, s. 4.

Delegation

(5) The chair may authorize one or more members of the Oversight Council to exercise any of the Oversight Council’s powers and perform any of its duties.  2009, c. 15, s. 4.

Quorum

(6) The chair shall determine the number of members of the Oversight Council that constitutes a quorum for any purpose.  2009, c. 15, s. 4.

Annual report

(7) The Oversight Council shall prepare an annual report that includes reporting on the Oversight Council’s activities under subsection 8.1 (1), and shall provide the report to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 9 (2).

Same

(7.1) The Oversight Council shall include such content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 9 (2).

Tabling of annual report

(7.2) The Minister shall table the Oversight Council’s annual report in the Assembly. 2017, c. 34, Sched. 46, s. 9 (2).

Additional reports

(8) The Minister may request additional reports from the Oversight Council on its activities, including its activities under subsection 8.1 (1), at any time and the Oversight Council shall submit such reports as requested and may also submit additional reports on the same matters at any time on its own initiative.  2009, c. 15, s. 4.

Expenses

(9) The money required for the Oversight Council’s purposes shall be paid out of the amounts appropriated by the Legislature for that purpose.  2009, c. 15, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 4 - 16/12/2010

2017, c. 34, Sched. 46, s. 9 (2) - 01/01/2018

Functions of Oversight Council

Advice and recommendations to Chief Coroner and Chief Forensic Pathologist

8.1 (1) The Oversight Council shall oversee the Chief Coroner and the Chief Forensic Pathologist by advising and making recommendations to them on the following matters:

1.  Financial resource management.

2.  Strategic planning.

3.  Quality assurance, performance measures and accountability mechanisms.

4.  Appointment and dismissal of senior personnel.

5.  The exercise of the power to refuse to review complaints under subsection 8.4 (10).

6.  Compliance with this Act and the regulations.

7.  Any other matter that is prescribed.  2009, c. 15, s. 4.

Reports to Oversight Council

(2) The Chief Coroner and the Chief Forensic Pathologist shall report to the Oversight Council on the matters set out in subsection (1), as may be requested by the Oversight Council.  2009, c. 15, s. 4.

Advice and recommendations to Minister

(3) The Oversight Council shall advise and make recommendations to the Minister on the appointment and dismissal of the Chief Coroner and the Chief Forensic Pathologist.  2009, c. 15, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 4 - 16/12/2010

Complaints committee

8.2 (1) There shall be a complaints committee of the Oversight Council composed, in accordance with the regulations, of members of the Oversight Council appointed by the chair of the Oversight Council.  2009, c. 15, s. 4.

Chair

(2) The chair of the Oversight Council shall designate one member of the complaints committee to be the chair of the committee.  2009, c. 15, s. 4.

Delegation

(3) The chair of the complaints committee may delegate any of the functions of the committee to one or more members of the committee.  2009, c. 15, s. 4.

Quorum

(4) The chair of the complaints committee shall determine the number of members of the complaints committee that constitutes a quorum for any purpose, and may determine that one member constitutes a quorum.  2009, c. 15, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 4 - 16/12/2010

Confidentiality

8.3 (1) Every member and employee of the Oversight Council and of the complaints committee shall keep confidential all information that comes to his or her knowledge in the course of performing his or her duties under this Act.  2009, c. 15, s. 4.

Exception

(2) An individual described in subsection (1) may disclose confidential information for the purposes of the administration of this Act or the Regulated Health Professions Act, 1991 or as otherwise required by law.  2009, c. 15, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 4 - 16/12/2010

Complaints

Right to make a complaint

8.4 (1) Any person may make a complaint to the complaints committee about a coroner, a pathologist or a person, other than a coroner or pathologist, with powers or duties under section 28.  2009, c. 15, s. 4.

Form of complaint

(2) The complaint must be in writing.  2009, c. 15, s. 4.

Matters that may not be the subject of a complaint

(3) A complaint about the following matters shall not be dealt with under this section:

1.  A coroner’s decision to hold an inquest or to not hold an inquest.

2.  A coroner’s decision respecting the scheduling of an inquest. 

3.  A coroner’s decision relating to the conduct of an inquest, including a decision made while presiding at the inquest.  2009, c. 15, s. 4.

Complaints about coroners

(4) Subject to subsection (8), the complaints committee shall refer every complaint about a coroner, other than the Chief Coroner, to the Chief Coroner and the Chief Coroner shall review every such complaint.  2009, c. 15, s. 4.

Complaints about pathologists

(5) Subject to subsection (8), the complaints committee shall refer every complaint about a pathologist, other than the Chief Forensic Pathologist, to the Chief Forensic Pathologist and the Chief Forensic Pathologist shall review every such complaint.  2009, c. 15, s. 4.

Complaints about Chiefs

(6) Subject to subsection (8), the complaints committee shall review every complaint made about the Chief Coroner or the Chief Forensic Pathologist.  2009, c. 15, s. 4.

Referral to other persons or bodies

(7) The complaints committee shall refer every complaint about a person, other than a coroner or pathologist, with powers or duties under section 28 to a person or organization that has power to deal with the complaint and that the committee considers is the appropriate person or organization to deal with the complaint.  2009, c. 15, s. 4.

Same

(8) If the complaints committee is of the opinion that a complaint about a coroner or pathologist is more appropriately dealt with by the College of Physicians and Surgeons of Ontario or another person or organization that has power to deal with the complaint, the complaints committee shall refer the complaint to the College or that other person or organization.  2009, c. 15, s. 4.

Notice of referral

(9) If the complaints committee refers a complaint to the College of Physicians and Surgeons of Ontario or another person or organization under subsection (8), the committee shall promptly give notice in writing to the complainant, the coroner or pathologist who is the subject of the complaint, and the Oversight Council.  2009, c. 15, s. 4.

Refusal to review a complaint

(10) Despite subsections (4) and (5), the Chief Coroner and the Chief Forensic Pathologist may refuse to review a complaint referred to him or her if, in his or her opinion,

(a)  the complaint is trivial or vexatious or not made in good faith;

(b)  the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or

(c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4.

Same

(11) Despite subsection (6), the complaints committee may refuse to review a complaint if, in its opinion,

(a)  the complaint is trivial or vexatious or not made in good faith;

(b)  the complaint does not relate to a power or duty of the Chief Coroner or the Chief Forensic Pathologist; or

(c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4.

Reports after review or decision to not review

(12) The Chief Coroner and the Chief Forensic Pathologist shall, promptly after completing his or her review of a complaint referred to him or her or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the complaints committee on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4.

Same

(13) The complaints committee shall, promptly after completing its review of a complaint or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint, the Oversight Council and the Minister on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4.

Request for review by complaints committee

(14) If a complaint is made about a coroner or pathologist, other than the Chief Coroner or the Chief Forensic Pathologist, and the complainant or the coroner or pathologist who is the subject of the complaint is not satisfied with the results of the review of the complaint or the decision to not review the complaint by the Chief Coroner or the Chief Forensic Pathologist, he or she may request in writing that the complaints committee review the complaint and the complaints committee shall review the complaint and shall, promptly after completing its review or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the Chief Coroner or the Chief Forensic Pathologist, as appropriate, on the results of the review or the decision to not review the complaint, as the case may be.  2009, c. 15, s. 4.

Refusal to review a complaint on request

(15) The complaints committee may refuse to review a complaint pursuant to a request made under subsection (14) if, in its opinion,

(a)  the complaint is trivial or vexatious or not made in good faith;

(b)  the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or

(c)  the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.  2009, c. 15, s. 4.

Annual reports to Oversight Council

(16) The complaints committee shall submit an annual report on its activities to the Oversight Council at the end of each calendar year.  2009, c. 15, s. 4.

Additional reports

(17) The Oversight Council may request additional reports from the complaints committee on its activities or on a specific complaint or complaints about a specific person at any time and the complaints committee shall submit such reports as requested and may also submit additional reports as described at any time on its own initiative.  2009, c. 15, s. 4.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 4 - 16/12/2010

Police assistance

9 (1) The police force having jurisdiction in the area in which a body is found shall make available to a coroner the assistance of such police officers as are necessary for the purpose of carrying out the coroner’s duties.  2009, c. 15, s. 5; 2019, c. 1, Sched. 6, s. 3 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (1) of the Act is amended by striking out “police force” and substituting “police service” and by striking out “police officers” and substituting “members of the police service”. (See: 2019, c. 1, Sched. 6, s. 3 (2))

Same

(2) The Chief Coroner in any case he or she considers appropriate may request that another police force or the criminal investigation branch of the Ontario Provincial Police provide assistance to a coroner in an investigation or inquest.  2009, c. 15, s. 5.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 9 (2) of the Act is amended by striking out “police force” and substituting “police service”. (See: 2019, c. 1, Sched. 6, s. 3 (3))

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 5 - 27/07/2009

2018, c. 3, Sched. 6, s. 3 (1, 2) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019

2019, c. 1, Sched. 6, s. 3 (1) - 26/03/2019; 2019, c. 1, Sched. 6, s. 3 (2, 3) - not in force

Duty to give information

10 (1) Every person who has reason to believe that a deceased person died,

(a)  as a result of,

(i)  violence,

(ii)  misadventure,

(iii)  negligence,

(iv)  misconduct, or

(v)  malpractice;

(b)  by unfair means;

(c)  during pregnancy or following pregnancy in circumstances that might reasonably be attributable thereto;

(d)  suddenly and unexpectedly;

(e)  from disease or sickness for which he or she was not treated by a legally qualified medical practitioner;

(f)  from any cause other than disease; or

(g)  under such circumstances as may require investigation,

shall immediately notify a coroner or a police officer of the facts and circumstances relating to the death, and where a police officer is notified he or she shall in turn immediately notify the coroner of such facts and circumstances. R.S.O. 1990, c. C.37, s. 10 (1); 2018, c. 3, Sched. 6, s. 4 (1).

Deaths to be reported

(2) Where a person dies while resident or an in-patient in,

(a)  Repealed: 2007, c. 8, s. 201 (1).

(b)  a children’s residence under Part IX (Residential Licensing) of the Child, Youth and Family Services Act, 2017 or premises that had been approved under subsection 9 (1) of Part I (Flexible Services) of the Child and Family Services Act, as it read before its repeal;

(c)  Repealed:  1994, c. 27, s. 136 (1).

(d)  a supported group living residence or an intensive support residence under the Services and Supports to Promote the Social Inclusion of Persons with Developmental Disabilities Act, 2008;

(e)  a psychiatric facility designated under the Mental Health Act;

(f)  Repealed:  2009, c. 33, Sched. 18, s. 6.

(g)  Repealed:  1994, c. 27, s. 136 (1).

(h)  a public or private hospital to which the person was transferred from a facility, institution or home referred to in clauses (a) to (g),

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 10 (2) (h) of the Act is amended by striking out “public or private hospital” and substituting “hospital”. (See: 2017, c. 25, Sched. 9, s. 91 (1))

the person in charge of the hospital, facility, institution, residence or home shall immediately give notice of the death to a coroner, and the coroner shall investigate the circumstances of the death and, if as a result of the investigation he or she is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body.  R.S.O. 1990, c. C.37, s. 10 (2); 1994, c. 27, s. 136 (1); 2001, c. 13, s. 10; 2007, c. 8, s. 201 (1); 2008, c. 14, s. 50; 2009, c. 15, s. 6 (1); 2009, c. 33, Sched. 8, s. 11; 2009, c. 33, Sched. 18, s. 6; 2017, c. 14, Sched. 4, s. 8 (1).

Deaths in long-term care homes

(2.1) Where a person dies while resident in a long-term care home to which the Long-Term Care Homes Act, 2007 applies, the person in charge of the home shall immediately give notice of the death to a coroner and, if the coroner is of the opinion that the death ought to be investigated, he or she shall investigate the circumstances of the death and if, as a result of the investigation, he or she is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body.  2007, c. 8, s. 201 (2); 2009, c. 15, s. 6 (3).

Deaths off premises of psychiatric facilities, correctional institutions, youth custody facilities

(3) Where a person dies while,

(a)  a patient of a psychiatric facility;

(b)  committed to a correctional institution;

(c)  committed to a place of temporary detention under the Youth Criminal Justice Act (Canada); or

(d)  committed to secure or open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,

but while not on the premises or in actual custody of the facility, institution or place, as the case may be, subsection (2) applies as if the person were a resident of an institution named in subsection (2).  2009, c. 15, s. 6 (4).

Death on premises of lock-up

(4) Where a person dies while detained in and on the premises of a lock-up, the officer in charge of the lock-up shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body. 2019, c. 1, Sched. 6, s. 4 (1).

Death on premises of place of temporary detention

(4.1) Where a person dies while committed to and on the premises of a place of temporary detention under the Youth Criminal Justice Act (Canada), the officer in charge of the place shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.  2009, c. 15, s. 6 (4).

Death on premises of place of secure custody

(4.2) Where a person dies while committed to and on the premises of a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, the officer in charge of the place or facility shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.  2009, c. 15, s. 6 (4).

Death on premises of correctional institution

(4.3) Where a person dies while committed to and on the premises of a correctional institution, the officer in charge of the institution shall immediately give notice of the death to a coroner and the coroner shall investigate the circumstances of the death and shall hold an inquest upon the body if as a result of the investigation he or she is of the opinion that the person may not have died of natural causes.  2009, c. 15, s. 6 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (4.3) of the Act is repealed and the following substituted: (See: 2018, c. 6, Sched. 3, s. 6 (1))

Death relating to correctional institution

(4.3) Where a person dies while,

(a)  committed to and on the premises of a correctional institution;

(b)  committed to a correctional institution and off the premises of the institution but in the actual custody of a person employed at the institution; or

(c)  at a hospital after having been transferred to the hospital by the correctional institution,

the officer in charge of the correctional institution, or, in the case of clause (c), the person in charge of the hospital, shall immediately give notice of the death to a coroner and the coroner shall investigate the circumstances of the death and shall,

(d)  hold an inquest upon the body if as a result of the investigation the coroner is of the opinion that the person may not have died of natural causes; or

(e)  review the death in accordance with any process that is set out in a written direction from the Chief Coroner if as a result of the investigation the coroner is of the opinion that the person died of natural causes. 2018, c. 6, Sched. 3, s. 6 (1).

Non-application of subs. (4.3)

(4.4) If a person dies in circumstances referred to in subsection (4), (4.1) or (4.2) on the premises of a lock-up, place of temporary detention or place or facility designated as a place of secure custody that is located in a correctional institution, subsection (4.3) does not apply.  2009, c. 15, s. 6 (4).

Death in custody off premises of correctional institution

(4.5) Where a person dies while committed to a correctional institution, while off the premises of the institution and while in the actual custody of a person employed at the institution, the officer in charge of the institution shall immediately give notice of the death to a coroner and the coroner shall investigate the circumstances of the death and shall hold an inquest upon the body if as a result of the investigation he or she is of the opinion that the person may not have died of natural causes.  2009, c. 15, s. 6 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (4.5) of the Act is repealed. (See: 2018, c. 6, Sched. 3, s. 6 (2))

Other deaths in custody

(4.6) A peace officer shall immediately give notice of a death to a coroner if,

(a)  a person dies while detained by or in the actual custody of the peace officer, or an injury sustained or other event that occurred while the person was detained by or in the actual custody of the peace officer is a cause of the death; and

(b)  subsections (4), (4.1), (4.2), (4.3) and (4.5) do not apply. 2018, c. 3, Sched. 6, s. 4 (3).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 10 (4.6) (b) of the Act is amended by striking out “subsections (4), (4.1), (4.2), (4.3) and (4.5)” at the beginning and substituting “subsections (4), (4.1), (4.2) and (4.3)”. (See: 2018, c. 6, Sched. 3, s. 6 (3))

Use of force

(4.6.1) A police officer, auxiliary member of a police force, special constable or First Nations Constable shall immediately give notice of a death to a coroner if,

(a)  the use of force by the police officer, auxiliary member, special constable or First Nations Constable is a cause of the death; and

(b)  subsections (4), (4.1), (4.2), (4.3) and (4.5) do not apply. 2018, c. 3, Sched. 6, s. 4 (4).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 10 (4.6.1) (b) of the Act is amended by striking out “subsections (4), (4.1), (4.2), (4.3) and (4.5)” at the beginning and substituting “subsections (4), (4.1), (4.2) and (4.3)”. (See: 2018, c. 6, Sched. 3, s. 6 (4))

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 10 (4.6.1) of the Act is amended by striking out “police force” in the portion before clause (a) and substituting “police service” and striking out “First Nations Constable” wherever it appears and substituting in each case “First Nation Officer”. (See: 2019, c. 1, Sched. 6, s. 4 (2))

Coroner to investigate and hold inquest

(4.6.2) A coroner shall investigate the circumstances of a death and hold an inquest upon the body if the coroner receives a notice that,

(a)  the person died while detained by or in the actual custody of a peace officer;

(b)  an injury sustained or other event that occurred while the person was detained by or in the actual custody of a peace officer was a cause of the death; or

(c)  the use of force by a police officer, auxiliary member of a police force, special constable or First Nations Constable was a cause of the person’s death. 2018, c. 3, Sched. 6, s. 4 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, clause 10 (4.6.2) (c) of the Act is repealed and the following substituted: (See: 2019, c. 1, Sched. 6, s. 4 (3))

(c)  the use of force by a police officer, auxiliary member of a police service, special constable or First Nation Officer was a cause of the person’s death.

Other deaths if SIU is investigating

(4.6.3) If the Special Investigations Unit Director causes an investigation to be conducted into an incident in which the death of a person has occurred other than an incident described in subsection (4.6.2), the Chief Coroner shall ensure that a coroner investigates the circumstances of the death. 2019, c. 1, Sched. 6, s. 4 (5).

Death while restrained on premises of psychiatric facility, etc.

(4.7) Where a person dies while being restrained and while detained in and on the premises of a psychiatric facility within the meaning of the Mental Health Act or a hospital within the meaning of Part XX.1 (Mental Disorder) of the Criminal Code (Canada), the officer in charge of the psychiatric facility or the person in charge of the hospital, as the case may be, shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.  2009, c. 15, s. 6 (4).

Death while restrained in secure treatment program

(4.8) Where a person dies while being restrained and while committed or admitted to a secure treatment program within the meaning of Part VII of the Child, Youth and Family Services Act, 2017, the person in charge of the program shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body. 2017, c. 14, Sched. 4, s. 8 (2).

Notice of death resulting from accident at or in construction project, mining plant or mine

(5) Where a worker dies as a result of an accident occurring in the course of the worker’s employment at or in a construction project, mining plant or mine, including a pit or quarry, the person in charge of such project, mining plant or mine shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.  R.S.O. 1990, c. C.37, s. 10 (5); 2009, c. 15, s. 6 (5).

Certificate as evidence

(6) A statement as to the notification or non-notification of a coroner under this section, purporting to be certified by the coroner is without proof of the appointment or signature of the coroner, receivable in evidence as proof, in the absence of evidence to the contrary of the facts stated therein for all purposes in any action, proceeding or prosecution.  R.S.O. 1990, c. C.37, s. 10 (6).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 10 of the Act is amended by adding the following subsection: (See: 2017, c. 25, Sched. 9, s. 91 (2))

Definition

(7) In this section,

“hospital” means a public hospital within the meaning of the Public Hospitals Act or a community health facility within the meaning of the Oversight of Health Facilities and Devices Act, 2017 that was formerly licensed under the Private Hospitals Act. 2017, c. 25, Sched. 9, s. 91 (2).

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 136 (1, 2) - 01/03/1995

2001, c. 13, s. 10 - 30/11/2001

2006, c. 19, Sched. D, s. 4 (1, 2) - 22/06/2006

2007, c. 8, s. 201 (1, 2) - 01/07/2010

2008, c. 14, s. 50 - 01/01/2011

2009, c. 15, s. 6 (1, 2, 4, 5) - 27/07/2009; 2009, c. 15, s. 6 (3) - 01/07/2010; 2009, c. 33, Sched. 8, s. 11 - 01/01/2011; 2009, c. 33, Sched. 18, s. 6 - 15/12/2009

2017, c. 14, Sched. 4, s. 8 (1, 2) - 30/04/2018; 2017, c. 25, Sched. 9, s. 91 (1, 2) - not in force

2018, c. 3, Sched. 6, s. 4 (1) - 08/03/2018; 2018, c. 3, Sched. 6, s. 4 (2, 5, 7, 8) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019; 2018, c. 3, Sched. 6, s. 4 (3, 4, 6) - 30/04/2018; 2018, c. 6, Sched. 3, s. 6 (1-4) - not in force

2019, c. 1, Sched. 6, s. 4 (1, 4) - 26/03/2019; 2019, c. 1, Sched. 6, s. 4 (2, 3) - not in force; 2019, c. 1, Sched. 6, s. 4 (5) - 01/12/2020

Medical assistance in dying

10.1 (1) Where a person dies as a result of medical assistance in dying, the physician or nurse practitioner who provided the medical assistance in dying shall give notice of the death to a coroner and, if the coroner is of the opinion that the death ought to be investigated, the coroner shall investigate the circumstances of the death and if, as a result of the investigation, the coroner is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body. 2017, c. 7, s. 1.

Requirements re giving of notice

(2) The physician or nurse practitioner who provided the medical assistance in dying shall provide the coroner with any information about the facts and circumstances relating to the death that the coroner considers necessary to form an opinion about whether the death ought to be investigated, and any other person who has knowledge of the death shall provide such information on the request of the coroner. 2017, c. 7, s. 1.

Non-application of clause 10 (1) (f)

(3) Clause 10 (1) (f) does not apply in respect of a deceased person who died as a result of medical assistance in dying. 2017, c. 7, s. 1.

Review

(4) The Minister shall, within two years after the Medical Assistance in Dying Statute Law Amendment Act, 2017 receives Royal Assent, establish a process to review the provisions of this section. 2017, c. 7, s. 1.

Definitions

(5) In this section,

“medical assistance in dying” means medical assistance in dying within the meaning of section 241.1 of the Criminal Code (Canada); (“aide médicale à mourir”)

“nurse practitioner” means a registered nurse who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière praticienne ou infirmier praticien”)

“physician” means a member of the College of Physicians and Surgeons of Ontario. (“médecin”) 2017, c. 7, s. 1.

Section Amendments with date in force (d/m/y)

2017, c. 7, s. 1 - 10/05/2017

Interference with body

11 No person who has reason to believe that a person died in any of the circumstances mentioned in section 10 shall interfere with or alter the body or its condition in any way until the coroner so directs by a warrant.  R.S.O. 1990, c. C.37, s. 11.

Power of coroner to take charge of wreckage

12 (1) Where a coroner has issued a warrant to take possession of the body of a person who has met death by violence in a wreck, the coroner may, with the approval of the Chief Coroner, take charge of the wreckage and place one or more police officers in charge of it so as to prevent persons from disturbing it until the jury at the inquest has viewed it, or the coroner has made such examination as he or she considers necessary.  R.S.O. 1990, c. C.37, s. 12 (1).

View to be expedited

(2) The jury or coroner, as the case may be, shall view the wreckage at the earliest moment possible.  R.S.O. 1990, c. C.37, s. 12 (2).

Shipment of bodies outside Ontario

13 (1) Subject to section 14, no person shall accept for shipment or ship or take a dead body from any place in Ontario to any place outside Ontario unless a certificate of a coroner has been obtained certifying that there exists no reason for further examination of the body.  R.S.O. 1990, c. C.37, s. 13 (1).

Fee for certificate

(2) An applicant for a certificate under subsection (1) shall pay to the coroner such fee as is prescribed therefor.  R.S.O. 1990, c. C.37, s. 13 (2).

Embalming, etc., prohibited

(3) No person who has reason to believe that a dead body will be shipped or taken to a place outside Ontario shall embalm or make any alteration to the body or apply any chemical to the body, internally or externally, until the certificate required by subsection (1) has been issued.  R.S.O. 1990, c. C.37, s. 13 (3).

Transportation of a body out of Ontario for post mortem

14 A coroner may in writing authorize the transportation of a body out of Ontario for post mortem examination and, in such case a provision in any Act or regulation requiring embalming and preparation by a funeral director does not apply.  R.S.O. 1990, c. C.37, s. 14.

Coroner’s investigation

15 (1) Where a coroner is informed that there is in his or her jurisdiction the body of a person and that there is reason to believe that the person died in any of the circumstances mentioned in section 10, the coroner shall issue a warrant to take possession of the body and shall examine the body and make such investigation as, in the opinion of the coroner, is necessary in the public interest to enable the coroner,

(a)  to determine the answers to the questions set out in subsection 31 (1);

(b)  to determine whether or not an inquest is necessary; and

(c)  to collect and analyze information about the death in order to prevent further deaths.  2009, c. 15, s. 7 (1); 2018, c. 3, Sched. 6, s. 5.

Determination

(1.1) For the purpose of subsection (1), in order to determine whether there is reason to believe that the person died in any of the circumstances mentioned in section 10, a coroner may,

(a)  require a person with knowledge about the deceased or of the death to provide information about the facts and circumstances relating to the deceased or the death that the coroner considers necessary to determine whether there is reason to believe that the person died in the circumstances mentioned in section 10; and

(b)  inspect and extract information from any records or writings relating to the deceased or his or her circumstances. 2019, c. 1, Sched. 6, s. 5.

Idem

(2) Where the Chief Coroner has reason to believe that a person died in any of the circumstances mentioned in section 10 and no warrant has been issued to take possession of the body, he or she may issue the warrant or direct any coroner to do so.  R.S.O. 1990, c. C.37, s. 15 (2).

Jurisdiction

(3) After the issue of the warrant, no other coroner shall issue a warrant or interfere in the case, except the Chief Coroner.  R.S.O. 1990, c. C.37, s. 15 (3); 2009, c. 15, s. 7 (2).

Expert assistance

(4) Subject to the approval of the Chief Coroner, a coroner may obtain assistance or retain expert services for all or any part of his or her investigation or inquest.  R.S.O. 1990, c. C.37, s. 15 (4).

No warrant

(5) A coroner may proceed with an investigation without taking possession of the body where the body has been destroyed in whole or in part or is lying in a place from which it cannot be recovered or has been removed from Ontario.  R.S.O. 1990, c. C.37, s. 15 (5).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 7 (1, 2) - 27/07/2009

2018, c. 3, Sched. 6, s. 5 - 30/04/2018

2019, c. 1, Sched. 6, s. 5 - 26/03/2019

Investigative powers

16 (1) A coroner may,

(a)  examine or take possession of any dead body, or both; and

(b)  enter and inspect any place where a dead body is and any place from which the coroner has reasonable grounds for believing the body was removed.  R.S.O. 1990, c. C.37, s. 16 (1); 2009, c. 15, s. 8.

Idem

(2) A coroner who believes on reasonable and probable grounds that to do so is necessary for the purposes of the investigation may,

(a)  inspect any place in which the deceased person was, or in which the coroner has reasonable grounds to believe the deceased person was, prior to his or her death;

(b)  inspect and extract information from any records or writings relating to the deceased or his or her circumstances and reproduce such copies therefrom as the coroner believes necessary;

(c)  seize anything that the coroner has reasonable grounds to believe is material to the purposes of the investigation.  R.S.O. 1990, c. C.37, s. 16 (2).

Delegation of powers

(3) A coroner may authorize a legally qualified medical practitioner or a police officer to exercise all or any of the coroner’s powers under subsection (1).  R.S.O. 1990, c. C.37, s. 16 (3).

Idem

(4) A coroner may, where in his or her opinion it is necessary for the purposes of the investigation, authorize a legally qualified medical practitioner or a police officer to exercise all or any of the coroner’s powers under clauses (2) (a), (b) and (c) but, where such power is conditional on the belief of the coroner, the requisite belief shall be that of the coroner personally.  R.S.O. 1990, c. C.37, s. 16 (4).

Return of seized thing

(5) A coroner who has seized anything under clause (2) (c) shall,

(a)  offer it for safekeeping to a member of the police force described in subsection 9 (1) or, if applicable, a member of another police force providing assistance under subsection 9 (2);

(b)  if the member of the police force does not accept it for safekeeping, take reasonable measures to keep it safe; and

(c)  return it to the person from whom it was seized as soon as possible after the conclusion of the investigation or, where there is an inquest, of the inquest, unless the coroner is authorized or required by law to dispose of it otherwise. 2019, c. 1, Sched. 6, s. 6 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 16 (5) of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 6, s. 6 (2))

Obstruction of coroner

(6) No person shall knowingly,

(a)  hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with; or

(b)  furnish with false information or refuse or neglect to furnish information to,

a coroner in the exercise of his or her powers or the performance of his or her duties, or a person authorized by the coroner in connection with an investigation.  R.S.O. 1990, c. C.37, s. 16 (6); 2019, c. 1, Sched. 6, s. 6 (3).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 8 - 27/07/2009

2018, c. 3, Sched. 6, s. 6 - 30/04/2018

2019, c. 1, Sched. 6, s. 6 (1, 3) - 26/03/2019; 2019, c. 1, Sched. 6, s. 6 (2) - not in force

Appointment of persons with coroners’ investigative powers and duties

16.1 (1) The Chief Coroner may appoint any person, in accordance with the regulations, to exercise the investigative powers and duties of a coroner or the powers of a coroner under subsection 15 (1.1).  2009, c. 15, s. 9; 2019, c. 1, Sched. 6, s. 7.

Same

(2) Subject to subsection (3) and the regulations, this Act applies with necessary modifications to a person appointed under subsection (1) as if he or she were a coroner.  2009, c. 15, s. 9.

Limitation

(3) A person appointed under subsection (1) cannot determine whether or not an inquest is necessary or hold an inquest.  2009, c. 15, s. 9.

Report

(4) A person appointed under subsection (1) shall report his or her findings to the Chief Coroner or a coroner specified by the Chief Coroner, who shall then determine whether or not an inquest is necessary.  2009, c. 15, s. 9.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 9 - 27/07/2009

2019, c. 1, Sched. 6, s. 7 - 26/03/2019

Transfer of investigation

17 (1) A coroner may at any time transfer an investigation to another coroner where in his or her opinion the investigation may be continued or conducted more conveniently by that other coroner or for any other good and sufficient reason.  R.S.O. 1990, c. C.37, s. 17 (1).

Investigation and inquest

(2) The coroner to whom an investigation is transferred shall proceed with the investigation in the same manner as if he or she had issued the warrant to take possession of the body.  R.S.O. 1990, c. C.37, s. 17 (2).

Notification of Chief Coroner

(3) The coroner who transfers an investigation to another coroner shall notify the Chief Coroner of the transfer, and the Chief Coroner shall assist in the transfer upon request.  R.S.O. 1990, c. C.37, s. 17 (3).

Transmitting results of first investigation

(4) The coroner who transfers an investigation to another coroner shall transmit to that other coroner the report of the post mortem examination of the body, if any, and his or her signed statement setting forth briefly the result of his or her investigation and any evidence to prove the fact of death and the identity of the body.  R.S.O. 1990, c. C.37, s. 17 (4).

Inquest unnecessary

18 (1) Where the coroner determines that an inquest is unnecessary, the coroner shall,

(a)  send a signed statement briefly setting out the results of the investigation to the Chief Coroner as soon as possible; and

(b)  send the division registrar a notice of the death in the form prescribed by the Vital Statistics Act as soon as possible. 2018, c. 3, Sched. 6, s. 7 (1).

Publication of explanation

(2) If, with respect to an incident that was investigated by the Special Investigations Unit, the coroner determines an inquest is unnecessary, the Chief Coroner shall, in accordance with the regulations, publish an explanation of the coroner’s determination. 2018, c. 3, Sched. 6, s. 7 (1); 2019, c. 1, Sched. 6, s. 8.

Recommendations

(3) The coroner may make recommendations to the Chief Coroner related to the death that was the subject of the coroner’s investigation in the interests of public safety, including recommendations to prevent deaths in circumstances similar to those of the death. 2018, c. 3, Sched. 6, s. 7 (1).

Disclosure to the public

(4) The Chief Coroner shall bring the information collected during a coroner’s investigation and the investigation’s findings and recommendations, which may include personal information as defined in the Freedom of Information and Protection of Privacy Act, to the attention of the public, or any segment of the public, if the Chief Coroner reasonably believes that it is necessary in the interests of public safety to do so. 2018, c. 3, Sched. 6, s. 7 (1).

Information other than personal information

(5) The Chief Coroner shall not disclose personal information under subsection (2) or (4) if other information will serve the purpose of the disclosure. 2018, c. 3, Sched. 6, s. 7 (1).

Personal information limited to what is reasonably necessary

(6) The Chief Coroner shall not disclose more personal information under subsection (2) or (4) than is reasonably necessary to serve the purpose of the disclosure. 2018, c. 3, Sched. 6, s. 7 (1).

Record of investigations

(7) Every coroner shall keep a record of the cases reported in which an inquest has been determined to be unnecessary, showing for each case the coroner’s findings of facts to determine the answers to the questions set out in subsection 31 (1), and such findings, including the relevant findings of the post mortem examination and of any other examinations or analyses of the body carried out, shall be available to the spouse, parents, children, brothers and sisters of the deceased and to his or her personal representative, upon request. 2018, c. 3, Sched. 6, s. 7 (1).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 15 (2) - 01/03/2000

2005, c. 5, s. 15 (3) - 09/03/2005

2009, c. 15, s. 10 - 27/07/2009

2018, c. 3, Sched. 6, s. 7 (1) - 01/01/2019; 2018, c. 3, Sched. 6, s. 7 (2) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019

2019, c. 1, Sched. 6, s. 8 - 01/12/2020

Coroner’s report if death suspected not of natural causes

18.1 If the coroner is of the opinion, based on his or her investigation, that the deceased person may not have died of natural causes, the coroner shall advise the regional coroner of that opinion and the regional coroner shall so advise the Crown Attorney.  2009, c. 15, s. 11.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 11 - 27/07/2009

Determination to hold an inquest

19 Where the coroner determines that an inquest is necessary, the coroner shall,

(a)  forthwith notify the Chief Coroner of that determination and give the Chief Coroner a brief summary of the results of the investigation and of the grounds upon which the coroner made that determination; and

(b)  hold an inquest.  2009, c. 15, s. 12.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 12 - 27/07/2009

What coroner shall consider and have regard to

20 (1) When making a determination whether an inquest is necessary or unnecessary, the coroner shall have regard to whether the holding of an inquest would serve the public interest and, without restricting the generality of the foregoing, shall consider,

(a)  whether the matters described in clauses 31 (1) (a) to (e) are known;

(b)  the desirability of the public being fully informed of the circumstances of the death through an inquest; and

(c)  the likelihood that the jury on an inquest might make useful recommendations directed to the avoidance of further deaths.  R.S.O. 1990, c. C.37, s. 20; 2018, c. 3, Sched. 6, s. 8 (1).

Inquest deemed necessary

(2) An inquest required under this Act is deemed to be necessary. 2018, c. 3, Sched. 6, s. 8 (2).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 8 (1, 2) - 30/04/2018

Where body destroyed or removed from Ontario

21 Where a coroner has reason to believe that a death has occurred in circumstances that warrant the holding of an inquest but, owing to the destruction of the body in whole or in part or to the fact that the body is lying in a place from which it cannot be recovered, or that the body has been removed from Ontario, an inquest cannot be held except by virtue of this section, he or she shall report the facts to the Chief Coroner who may direct an inquest to be held touching the death, in which case an inquest shall be held by the coroner making the report or by such other coroner as the Chief Coroner directs, and the law relating to coroners and coroners’ inquests applies with such modifications as are necessary in consequence of the inquest being held otherwise than on or after a view of the body.  R.S.O. 1990, c. C.37, s. 21.

22 Repealed:  2009, c. 15, s. 13.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 13 - 27/07/2009

Inquest mandatory

22.1 A coroner shall hold an inquest under this Act into the death of a child upon learning that the child died in the circumstances described in clauses 128 (a), (b) and (c) of the Child, Youth and Family Services Act, 2017. 2017, c. 14, Sched. 4, s. 8 (3).

Section Amendments with date in force (d/m/y)

2006, c. 24, s. 2 (1) - 19/10/2006

2017, c. 14, Sched. 4, s. 8 (3) - 30/04/2018

23 Repealed:  2009, c. 15, s. 14.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 14 - 27/07/2009

Chief Coroner may direct that body be disinterred

24 Despite anything in the Funeral, Burial and Cremation Services Act, 2002 or a regulation made under that Act, the Chief Coroner may, at any time where he or she considers it necessary for the purposes of an investigation or an inquest, direct that a body be disinterred under and subject to such conditions as the Chief Coroner considers proper.  R.S.O. 1990, c. C.37, s. 24; 2002, c. 33, s. 142; 2009, c. 15, s. 15.

Section Amendments with date in force (d/m/y)

2002, c. 33, s. 142 - 01/07/2012

2009, c. 15, s. 15 - 27/07/2009

Direction by Chief Coroner

25 (1) The Chief Coroner may direct any coroner in respect of any death to issue a warrant to take possession of the body, conduct an investigation or hold an inquest, or may direct any other coroner to do so or may intervene to act as coroner personally for any one or more of such purposes.  R.S.O. 1990, c. C.37, s. 25 (1).

Inquest into multiple deaths

(2) Where two or more deaths appear to have occurred in the same event or from a common cause, the Chief Coroner may direct that one inquest be held into all of the deaths.  R.S.O. 1990, c. C.37, s. 25 (2); 2018, c. 3, Sched. 6, s. 9 (2).

Direction to replace coroner

(3) If the Chief Coroner is of the opinion that a coroner is unable to continue presiding over an inquest for any reason, the Chief Coroner may direct another coroner to continue the inquest.  1994, c. 27, s. 136 (3).

Inquest by judge or lawyer

(4) The Chief Coroner may direct that a judge, a retired judge or a lawyer shall hold or shall continue an inquest if the Chief Coroner is of the opinion that the procedural or legal issues raised or likely to be raised by the inquest warrant it. 2018, c. 3, Sched. 6, s. 9 (1).

Powers of judge or lawyer

(5) A judge, retired judge or lawyer appointed to hold or continue an inquest shall have all the powers and duties of a coroner in carrying out the inquest. 2018, c. 3, Sched. 6, s. 9 (1).

Section Amendments with date in force (d/m/y)

1994, c. 27, s. 136 (3) - 09/12/1994

2018, c. 3, Sched. 6, s. 9 (1) - 30/04/2018; 2018, c. 3, Sched. 6, s. 9 (2) - 08/03/2018

Previously investigated deaths

25.1 (1) Without limiting the generality of section 25, the Chief Coroner may exercise the powers in subsection 25 (1) in respect of a death that has previously been investigated, or subject to an inquest, by a coroner, which may include causing an investigation into one or more deaths to be conducted only for the purpose set out in clause 15 (1) (c). 2019, c. 1, Sched. 6, s. 9.

Powers and duties

(2) When conducting an investigation into a previously investigated death, a coroner may exercise all the powers of a coroner under this Act and shall satisfy the duties under this Act that the Chief Coroner specifies in connection with the investigation. 2019, c. 1, Sched. 6, s. 9.

Section Amendments with date in force (d/m/y)

2019, c. 1, Sched. 6, s. 9 - 26/03/2019

Request by relative for inquest

26 (1) Where the coroner determines that an inquest is unnecessary, the spouse, parent, child, brother, sister or personal representative of the deceased person may request the coroner in writing to hold an inquest, and the coroner shall give the person requesting the inquest an opportunity to state his or her reasons, either personally, by the person’s agent or in writing, and the coroner shall advise the person in writing within sixty days of the receipt of the request of the coroner’s final decision and where the decision is to not hold an inquest shall deliver the reasons therefor in writing.  R.S.O. 1990, c. C.37, s. 26 (1); 1999, c. 6, s. 15 (3); 2005, c. 5, s. 15 (4).

Review of refusal

(2) Where the final decision of a coroner under subsection (1) is to not hold an inquest, the person making the request may, within twenty days after the receipt of the decision of the coroner, request the Chief Coroner to review the decision and the Chief Coroner shall review the decision of the coroner after giving the person requesting the inquest an opportunity to state his or her reasons either personally, by the person’s agent or in writing.  R.S.O. 1990, c. C.37, s. 26 (2).

Decision final

(3) The decision of the Chief Coroner is final.  R.S.O. 1990, c. C.37, s. 26 (3); 2009, c. 15, s. 16.

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 15 (3) - 01/03/2000

2005, c. 5, s. 15 (4) - 09/03/2005

2009, c. 15, s. 16 - 27/07/2009

Where criminal offence charged

27 (1) Where a person is charged with an offence under the Criminal Code (Canada) arising out of a death, an inquest touching the death shall be held only upon the direction of the Chief Coroner and, when held, the person charged is not a compellable witness.  R.S.O. 1990, c. C.37, s. 27 (1); 2009, c. 15, s. 17 (1).

Idem

(2) Where during an inquest a person is charged with an offence under the Criminal Code (Canada) arising out of the death, the coroner shall discharge the jury and close the inquest, and shall then proceed as if he or she had determined that an inquest was unnecessary, but the Chief Coroner may direct that the inquest be reopened.  R.S.O. 1990, c. C.37, s. 27 (2); 2009, c. 15, s. 17 (2).

Where charge or appeal finally disposed of

(3) Despite subsections (1) and (2), where a person is charged with an offence under the Criminal Code (Canada) arising out of the death and 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, the coroner may hold an inquest and the person charged is a compellable witness at the inquest.  R.S.O. 1990, c. C.37, s. 27 (3); 2009, c. 15, s. 17 (3).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 17 (1-3) - 27/07/2009

Post mortem examination

28 (1) A coroner may at any time during an investigation issue a warrant for a pathologist to perform a post mortem examination of the body.  2009, c. 15, s. 18.

Other examinations and analyses

(2) A coroner may at any time during an investigation conduct examinations and analyses that the coroner considers appropriate in the circumstances or direct any person, other than the pathologist to whom the warrant is issued, to conduct such examinations and analyses.  2009, c. 15, s. 18.

Pathologist’s duty

(3) The pathologist to whom the warrant is issued shall perform the post mortem examination of the body.  2009, c. 15, s. 18.

Power to examine body

(4) The pathologist to whom the warrant is issued or, if no warrant has been issued, a pathologist who has been notified of the death by a coroner or police officer and who reasonably believes that a coroner’s warrant will be issued to him or her under subsection (1) may,

(a)  enter and inspect any place where the dead body is and examine the body; and

(b)  enter and inspect any place from which the pathologist has reasonable grounds for believing the body was removed.  2009, c. 15, s. 18.

Notice to coroner

(5) A pathologist who exercises a power under subsection (4) shall notify,

(a)  the coroner who issued the warrant; or

(b)  if no warrant has been issued, the coroner by whom the pathologist believes the warrant will be issued.  2009, c. 15, s. 18.

Other examinations and analyses

(6) The pathologist who performs the post mortem examination may conduct or direct any person other than a coroner to conduct such other examinations and analyses as he or she considers appropriate in the circumstances.  2009, c. 15, s. 18.

Direction of Chief Forensic Pathologist

(7) The Chief Forensic Pathologist may direct a pathologist or any other person, other than a coroner, to conduct any examinations and analyses that the Chief Forensic Pathologist considers appropriate in the circumstances.  2009, c. 15, s. 18.

Assistance

(8) The pathologist who performs the post mortem examination may obtain the assistance of any person or persons in performing the post mortem examination and in conducting any other examinations and analyses.  2009, c. 15, s. 18.

Pathologist from register

(9) The coroner may issue a warrant under subsection (1) only to a pathologist whose name is on the pathologists register.  2009, c. 15, s. 18.

Assignment to another pathologist

(10) The Chief Forensic Pathologist may at any time during an investigation assign another pathologist whose name is on the pathologists register to perform the post mortem examination in place of the pathologist named on the coroner’s warrant, and in that case, every reference in this section to the pathologist to whom the warrant is issued applies to the pathologist assigned to the investigation by the Chief Forensic Pathologist.  2009, c. 15, s. 18.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 18 - 27/07/2009

Reports of post mortem findings

29 (1) The pathologist who performed the post mortem examination of a body under section 28 shall forthwith report in writing his or her findings from the post mortem examination and from any other examinations or analyses that he or she conducted to the coroner who issued the warrant, the regional coroner and, if the pathologist who performed the post mortem examination is not the Chief Forensic Pathologist, the Chief Forensic Pathologist.  2009, c. 15, s. 18.

Same

(2) A person, other than the pathologist who performed the post mortem examination, who conducted any other examination or analysis under section 28 shall forthwith report his or her findings in writing to the pathologist who performed the post mortem examination, the coroner who issued the warrant, the regional coroner and, if the pathologist who performed the post mortem examination is not the Chief Forensic Pathologist, the Chief Forensic Pathologist.  2009, c. 15, s. 18.

Further post mortems

(3) If, after a post mortem examination of a body is performed, the Chief Forensic Pathologist is of the opinion that a second or further post mortem examination of the body is necessary, he or she shall so advise the Chief Coroner, and the Chief Coroner shall issue a warrant for a second or further post mortem examination of the body.  2009, c. 15, s. 18.

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 15 (4) - 01/03/2000

2005, c. 5, s. 15 (5) - 09/03/2005

2009, c. 15, s. 18 - 27/07/2009

Crown counsel

30 (1) Every coroner before holding an inquest shall notify the Crown Attorney of the time and place at which it is to be held and the Crown Attorney or a barrister and solicitor or any other person designated by him or her shall attend the inquest and shall act as counsel to the coroner at the inquest.  R.S.O. 1990, c. C.37, s. 30 (1).

Counsel for Minister

(2) The Minister may be represented at an inquest by counsel and shall be deemed to be a person with standing at the inquest for the purpose.  R.S.O. 1990, c. C.37, s. 30 (2).

Purposes of inquest

31 (1) Where an inquest is held, it shall inquire into the circumstances of the death and determine,

(a)  who the deceased was;

(b)  how the deceased came to his or her death;

(c)  when the deceased came to his or her death;

(d)  where the deceased came to his or her death; and

(e)  by what means the deceased came to his or her death.  R.S.O. 1990, c. C.37, s. 31 (1).

Idem

(2) The jury shall not make any finding of legal responsibility or express any conclusion of law on any matter referred to in subsection (1).  R.S.O. 1990, c. C.37, s. 31 (2).

Authority of jury to make recommendations

(3) Subject to subsection (2), the jury may make recommendations directed to the avoidance of further deaths or respecting any other matter arising out of the inquest.  R.S.O. 1990, c. C.37, s. 31 (3); 2018, c. 3, Sched. 6, s. 10.

Improper finding

(4) A finding that contravenes subsection (2) is improper and shall not be received.  R.S.O. 1990, c. C.37, s. 31 (4).

Failure to make proper finding

(5) Where a jury fails to deliver a proper finding it shall be discharged.  R.S.O. 1990, c. C.37, s. 31 (5).

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 10 - 30/04/2018

Inquest public

32 An inquest shall be open to the public except where the coroner is of the opinion that national security might be endangered or where a person is charged with an indictable offence under the Criminal Code (Canada) in which cases the coroner may hold the hearing concerning any such matters in the absence of the public.  R.S.O. 1990, c. C.37, s. 32.

Juries

33 (1) Every inquest shall be held with a jury composed of five persons.  R.S.O. 1990, c. C.37, s. 33 (1); 2009, c. 15, s. 19 (1).

Jurors

(2) The coroner shall direct a constable to select from the list of names of persons provided under subsection 34 (2) five persons who in his or her opinion are suitable to serve as jurors at an inquest and the constable shall summon them to attend the inquest at the time and place appointed.  R.S.O. 1990, c. C.37, s. 33 (2); 2018, c. 3, Sched. 6, s. 11.

Idem

(3) Where fewer than five of the jurors so summoned attend at the inquest, the coroner may name and appoint so many persons then present or who can be found as will make up a jury of five.  R.S.O. 1990, c. C.37, s. 33 (3).

(4) Repealed:  2009, c. 15, s. 19 (2).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 19 (1, 2) - 27/07/2009

2018, c. 3, Sched. 6, s. 11 - 08/03/2018

List of jurors

34 (1) A coroner may by his or her warrant require the sheriff for the area in which an inquest is to be held to provide a list of the names of such number of persons as the coroner specifies in the warrant taken from the jury roll prepared under the Juries Act.  R.S.O. 1990, c. C.37, s. 34 (1); 2019, c. 1, Sched. 6, s. 10.

Idem

(2) Upon receipt of the warrant, the sheriff shall provide the list containing names of persons in the number specified by the coroner, taken from the jury roll prepared under the Juries Act, together with their ages, places of residence and occupations.  R.S.O. 1990, c. C.37, s. 34 (2).

Eligibility

(3) No person who is ineligible to serve as a juror under the Juries Act shall be summoned to serve or shall serve as a juror at an inquest.  R.S.O. 1990, c. C.37, s. 34 (3).

Idem

(4) An officer, employee or inmate of a hospital or an institution referred to in subsection 10 (2) or (3) shall not serve as a juror at an inquest upon the death of a person who died therein.  R.S.O. 1990, c. C.37, s. 34 (4).

Excusing from service

(5) The coroner may excuse any person on the list from being summoned or from serving as a juror on the grounds of illness or hardship.  R.S.O. 1990, c. C.37, s. 34 (5).

Exclusion of juror with interest

(6) The coroner presiding at an inquest may exclude a person from being sworn as a juror where the coroner believes there is a likelihood that the person, because of interest or bias, would be unable to render a verdict in accordance with the evidence.  R.S.O. 1990, c. C.37, s. 34 (6).

Excusing of juror for illness

(7) Where in the course of an inquest the coroner is satisfied that a juror should not, because of illness or other reasonable cause, continue to act, the coroner may discharge the juror.  R.S.O. 1990, c. C.37, s. 34 (7).

Continuation with reduced jury

(8) Where in the course of an inquest a member of the jury dies or becomes incapacitated from any cause or is excluded or discharged by the coroner under subsection (6) or (7) or is found to be ineligible to serve, the jury shall, unless the coroner otherwise directs and if the number of jurors is not reduced below three, be deemed to remain properly constituted for all purposes of the inquest.  R.S.O. 1990, c. C.37, s. 34 (8).

Section Amendments with date in force (d/m/y)

2019, c. 1, Sched. 6, s. 10 - 26/03/2019

Report to sheriff re jury service

35 On or before the 31st day of December in each year, the coroner shall advise the sheriff of the names of persons who have received fees for service as jurors at inquests and the number of each such name on the jury roll.  R.S.O. 1990, c. C.37, s. 35.

Jury irregularities not to affect outcome

36 The omission to observe any of the provisions of this Act or the regulations respecting the eligibility and selection of jurors is not a ground for impeaching or quashing a verdict.  R.S.O. 1990, c. C.37, s. 36.

Jury’s duties, powers

View of place

37 (1) The jury shall view any place that the coroner directs them to view.  2009, c. 15, s. 20.

Questions

(2) The jurors are entitled to ask relevant questions of each witness.  R.S.O. 1990, c. C.37, s. 37 (2).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 20 - 27/07/2009

Majority verdict

38 A verdict or finding may be returned by a majority of the jurors sworn.  R.S.O. 1990, c. C.37, s. 38.

Service of summonses

39 A summons to a juror or to a witness may be served,

(a)  by personal service;

(b)  by leaving a copy, in a sealed envelope addressed to the person summoned, at his or her place of residence with anyone who appears to be an adult member of the same household; or

(c)  by sending it by registered mail addressed to the place of residence of the person summoned.  2009, c. 15, s. 21.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 21 - 27/07/2009

Summonses

40 (1) A coroner may require any person by summons,

(a)  to give evidence on oath or affirmation at an inquest; and

(b)  to produce in evidence at an inquest documents and things specified by the coroner,

relevant to the subject-matter of the inquest and admissible.  R.S.O. 1990, c. C.37, s. 40 (1).

Form and service of summonses

(2) A summons issued under subsection (1) shall be in the form approved by the Minister and shall be signed by the coroner.  2009, c. 15, s. 22.

Bench warrants

(3) Upon proof to the satisfaction of a judge of the Superior Court of Justice of the service of a summons under this section upon a person and that,

(a)  such person has failed to attend or to remain in attendance at an inquest in accordance with the requirements of the summons; and

(b)  the person’s presence is material to the inquest,

the judge may, by a warrant in the prescribed form, directed to any police officer, cause such witness to be apprehended anywhere within Ontario and forthwith to be brought to the inquest and to be detained in custody as the judge may order until the person’s presence as a witness at the inquest is no longer required, or, in the discretion of the judge, to be released on a recognizance (with or without sureties) conditioned for appearance to give evidence.  R.S.O. 1990, c. C.37, s. 40 (3); 1997, c. 39, s. 4 (2); 2006, c. 19, Sched. C, s. 1 (1); 2009, c. 33, Sched. 9, s. 3 (1).

Proof of service

(4) Service of a summons may be proved by affidavit in an application under subsection (3).  R.S.O. 1990, c. C.37, s. 40 (4).

Certificate of facts

(5) Where an application under subsection (3) is made on behalf of a coroner, the coroner may certify to the judge the facts relied on to establish that the presence of the person summoned is material for the purposes of the inquest and such certificate may be accepted by the judge as proof of such facts.  R.S.O. 1990, c. C.37, s. 40 (5).

Section Amendments with date in force (d/m/y)

1997, c. 39, s. 4 (1, 2) - 30/04/1999

2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006

2009, c. 15, s. 22 - 27/07/2009; 2009, c. 33, Sched. 9, s. 3 (1) - 15/12/2009

Persons with standing at inquest

41 (1) On the application of any person before or during an inquest, the coroner shall designate the person as a person with standing at the inquest if the coroner finds that the person is substantially and directly interested in the inquest.  R.S.O. 1990, c. C.37, s. 41 (1); 1993, c. 27, Sched.; 1999, c. 12, Sched. P, s. 2.

Rights of persons with standing at inquest

(2) A person designated as a person with standing at an inquest may,

(a)  be represented by a person authorized under the Law Society Act to represent the person with standing;

(b)  call and examine witnesses and present arguments and submissions;

(c)  conduct cross-examinations of witnesses at the inquest relevant to the interest of the person with standing and admissible.  R.S.O. 1990, c. C.37, s. 41 (2); 2006, c. 21, Sched. C, s. 104 (1).

Costs of representation

(3) If the coroner in an inquest into the death of a victim as defined in the Victims’ Bill of Rights, 1995 designates a spouse, same-sex partner or parent of the victim as a person with standing at the inquest, the person may apply to the Minister to have the costs that the person incurs for representation by legal counsel in connection with the inquest paid out of the victims’ justice fund account continued under subsection 5 (1) of the Victims’ Bill of Rights, 1995.  2006, c. 24, s. 2 (2).

Payment

(4) Subject to the approval of Management Board of Cabinet, payment of the costs described in subsection (3) may be made out of the victims’ justice fund account.  2006, c. 24, s. 2 (2).

Section Amendments with date in force (d/m/y)

1993, c. 27, Sched.- 31/12/1991; 1999, c. 12, Sched. P, s. 2 - 04/02/2000

2006, c. 21, Sched. C, s. 104 (1) - 01/05/2007; 2006, c. 24, s. 2 (2) - 19/10/2006

Protection for witnesses

42 (1) A witness at an inquest shall be deemed to have objected to answer any question asked the witness upon the ground that his or her answer may tend to criminate the witness or may tend to establish his or her liability to civil proceedings at the instance of the Crown, or of any person, and no answer given by a witness at an inquest shall be used or be receivable in evidence against the witness in any trial or other proceedings against him or her thereafter taking place, other than a prosecution for perjury in giving such evidence.  R.S.O. 1990, c. C.37, s. 42 (1).

Right to object under Canada Evidence Act

(2) Where it appears at any stage of the inquest that the evidence that a witness is about to give would tend to criminate the witness, it is the duty of the coroner and of the Crown Attorney to ensure that the witness is informed of his or her rights under section 5 of the Canada Evidence Act.  R.S.O. 1990, c. C.37, s. 42 (2).

Rights of witnesses to representation

43 (1) A witness at an inquest is entitled to be advised as to his or her rights by a person authorized under the Law Society Act to advise him or her, but such person may take no other part in the inquest without leave of the coroner.  2006, c. 21, Sched. C, s. 104 (2).

Same

(2) Where an inquest is held in the absence of the public, a person advising a witness under subsection (1) is not entitled to be present except when that witness is giving evidence.  2006, c. 21, Sched. C, s. 104 (2).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. C, s. 104 (2) - 01/05/2007

Admissibility of evidence

What is admissible in evidence at inquest

44 (1) Subject to subsections (2) and (3), a coroner may admit as evidence at an inquest, whether or not admissible as evidence in a court,

(a)  any oral testimony; and

(b)  any document or other thing,

relevant to the purposes of the inquest and may act on such evidence, but the coroner may exclude anything unduly repetitious or anything that the coroner considers does not meet such standards of proof as are commonly relied on by reasonably prudent persons in the conduct of their own affairs and the coroner may comment on the weight that ought to be given to any particular evidence.  R.S.O. 1990, c. C.37, s. 44 (1).

What is inadmissible in evidence at inquest

(2) Nothing is admissible in evidence at an inquest,

(a)  that would be inadmissible in a court by reason of any privilege under the law of evidence; or

(b)  that is inadmissible by the statute under which the proceedings arise or any other statute.  R.S.O. 1990, c. C.37, s. 44 (2).

Conflicts

(3) Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence.  R.S.O. 1990, c. C.37, s. 44 (3).

Copies

(4) Where the coroner is satisfied as to their authenticity, a copy of a document or other thing may be admitted as evidence at an inquest.  R.S.O. 1990, c. C.37, s. 44 (4).

Photocopies

(5) Where a document has been filed in evidence at an inquest, the coroner may, or the person producing it or entitled to it may with the leave of the coroner, cause the document to be photocopied and the coroner may authorize the photocopy to be filed in evidence in the place of the document filed and release the document filed, or may furnish to the person producing it or the person entitled to it a photocopy of the document filed certified by the coroner.  R.S.O. 1990, c. C.37, s. 44 (5).

Taking evidence

45 (1) The evidence upon an inquest or any part of it shall be recorded by a person appointed by the coroner and approved by the Crown Attorney and who before acting shall make oath or affirmation that he or she will truly and faithfully record the evidence.  R.S.O. 1990, c. C.37, s. 45 (1).

Transcription of evidence

(2) It is not necessary to transcribe the evidence unless the Chief Coroner or Crown Attorney orders it to be done or unless any other person requests a copy of the transcript and pays the fees therefor except that the coroner may prohibit the transcribing of all or any part of evidence taken in the absence of the public.  R.S.O. 1990, c. C.37, s. 45 (2); 2009, c. 15, s. 23.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 23 - 27/07/2009

Adjournments

46 An inquest may be adjourned from time to time by the coroner of his or her own motion or where it is shown to the satisfaction of the coroner that the adjournment is required to permit an adequate hearing to be held.  R.S.O. 1990, c. C.37, s. 46.

Maintenance of order at inquest

47 A coroner may make such orders or give such directions at an inquest as he or she considers necessary for the maintenance of order at the inquest, and, if any person disobeys or fails to comply with any such order or direction, the coroner may call for the assistance of any peace officer to enforce the order or direction, and every peace officer so called upon shall take such action as is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.  R.S.O. 1990, c. C.37, s. 47.

Interpreters and constables

Interpreters

48 (1) A coroner may, and if required by the Crown Attorney or requested by the witness shall, employ a person to act as interpreter for a witness at an inquest, and such person may be summoned to attend the inquest and before acting shall make oath or affirm that he or she will truly and faithfully translate the evidence.  R.S.O. 1990, c. C.37, s. 48 (1).

Constables

(2) A coroner may appoint such persons as constables as the coroner considers necessary for the purpose of assisting the coroner in an inquest and, on the request of the coroner, the police force having jurisdiction in the locality in which an inquest is held shall provide a police officer for the purpose and, before acting, every such constable shall take oath or affirm that he or she will faithfully perform his or her duties.  R.S.O. 1990, c. C.37, s. 48 (2); 2018, c. 3, Sched. 6, s. 12 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 48 (2) of the Act is amended by striking out “police force having jurisdiction in the locality” and substituting “police service having jurisdiction in the area”. (See: 2019, c. 1, Sched. 6, s. 11)

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 12 (1) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019; 2018, c. 3, Sched. 6, s. 12 (2) - 08/03/2018

2019, c. 1, Sched. 6, s. 11 - not in force

Administration of oaths

49 The coroner conducting an inquest has power to administer oaths and affirmations for the purpose of the inquest.  R.S.O. 1990, c. C.37, s. 49.

Further powers of coroner

Abuse of processes

50 (1) A coroner may make such orders or give such directions at an inquest as the coroner considers proper to prevent abuse of its processes.  R.S.O. 1990, c. C.37, s. 50 (1).

Limitation on cross-examination

(2) A coroner may reasonably limit further cross-examination of a witness where the coroner is satisfied that the cross-examination of the witness has been sufficient to disclose fully and fairly the facts in relation to which the witness has given evidence or where the coroner is of the opinion that the questions being asked are irrelevant, unduly repetitious or abusive.  2009, c. 15, s. 24.

Exclusion of representatives

(3) A coroner may exclude from a hearing anyone, other than a person licensed under the Law Society Act, advising a witness if the coroner finds that such person is not competent properly to advise the witness, or does not understand and comply at the inquest with the duties and responsibilities of an adviser.  2006, c. 21, Sched. C, s. 104 (3).

Section Amendments with date in force (d/m/y)

2006, c. 21, Sched. C, s. 104 (3) - 01/05/2007

2009, c. 15, s. 24 - 27/07/2009

Rules of procedure for inquests

50.1 The Chief Coroner may make additional rules of procedure for inquests.  2009, c. 15, s. 25.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 25 - 27/07/2009

Contempt proceedings

51 Where any person without lawful excuse,

(a)  on being duly summoned as a witness or a juror at an inquest makes default in attending at the inquest; or

(b)  being in attendance as a witness at an inquest, refuses to take an oath or to make an affirmation legally required by the coroner to be taken or made, or to produce any document or thing in his or her power or control legally required by the coroner to be produced by the person or to answer any question to which the coroner may legally require an answer; or

(c)  does any other thing that would, if the inquest had been a court of law having power to commit for contempt, have been contempt of that court,

the coroner may state a case to the Divisional Court setting out the facts and that court may, on application on behalf of and in the name of the coroner, inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he or she had been guilty of contempt of the court.  R.S.O. 1990, c. C.37, s. 51.

Conclusion of inquest

Return of verdict

52 (1) The coroner shall forthwith after an inquest return the verdict or finding, with the evidence where the Crown Attorney or Chief Coroner has ordered it to be transcribed, to the Chief Coroner, and shall transmit a copy of the verdict and recommendations to the Crown Attorney.  R.S.O. 1990, c. C.37, s. 52 (1); 2009, c. 15, s. 26.

Release of exhibits

(2) After an inquest is concluded, the coroner shall, upon request, release documents and things put in evidence at the inquest to the lawful owner or person entitled to possession thereof.  R.S.O. 1990, c. C.37, s. 52 (2).

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 26 - 27/07/2009

Disclosure of personal information

52.1 (1) The Chief Coroner may, pursuant to an agreement in writing, disclose personal information collected under this Act to a prescribed entity for the purpose of research, data analysis or the compilation of statistical information related to the health or safety of the public, or any segment of the public, if the entity meets the requirements set out in subsection (2). 2018, c. 3, Sched. 6, s. 13.

Approval

(2) The Chief Coroner may only disclose personal information to a prescribed entity under subsection (1) if,

(a)  the entity has in place practices and procedures to protect the privacy of the individuals whose personal information it receives and to maintain the confidentiality of the information; and

(b)  the Information and Privacy Commissioner has approved the practices and procedures, if the Chief Coroner makes the disclosure on or after the first anniversary of the day this section comes into force. 2018, c. 3, Sched. 6, s. 13.

Review by Information and Privacy Commissioner

(3) The Information and Privacy Commissioner shall review the practices and procedures of each entity prescribed for the purposes of subsection (1) every three years from the date of its approval and advise the Chief Coroner whether the entity continues to meet the requirements of subsection (2). 2018, c. 3, Sched. 6, s. 13.

Information other than personal information

(4) The Chief Coroner shall not disclose personal information if other information will permit the entity to engage in the research, data analysis or compilation of statistical information described in the agreement. 2018, c. 3, Sched. 6, s. 13.

Personal information limited to what is reasonably necessary

(5) The Chief Coroner shall not disclose more personal information than is reasonably necessary for the entity to engage in the research, data analysis or compilation of statistical information described in the agreement. 2018, c. 3, Sched. 6, s. 13.

Use and disclosure

(6) Subject to the exceptions and additional requirements, if any, that are prescribed, an entity that receives personal information under subsection (1) shall not use the information except for the purposes for which it received the information and shall not disclose the information except as required by law. 2018, c. 3, Sched. 6, s. 13.

Deemed compliance

(7) For the purpose of clause 42 (1) (e) of the Freedom of Information and Protection of Privacy Act, a disclosure of personal information under this section is deemed to be for the purposes of complying with this Act. 2018, c. 3, Sched. 6, s. 13.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 13 - 01/01/2019

Information and Privacy Commissioner’s review of practices

52.2 (1) The Information and Privacy Commissioner may, from time to time, review the practices of the Chief Coroner or of an entity that is prescribed for the purposes of section 52.1 to determine if the requirements of that section have been met. 2018, c. 3, Sched. 6, s. 13.

Duty to assist

(2) The Chief Coroner or entity shall co-operate with and assist the Information and Privacy Commissioner in the conduct of a review under subsection (1). 2018, c. 3, Sched. 6, s. 13.

Powers of Information and Privacy Commissioner

(3) The Information and Privacy Commissioner may require the production of such information and records under the custody or control of the Chief Coroner or entity as are relevant to the subject matter of the review. 2018, c. 3, Sched. 6, s. 13.

Obligation to assist

(4) If the Information and Privacy Commissioner requires the production of information or a record under subsection (3), the Chief Coroner or entity shall provide it to the Information and Privacy Commissioner and, at the request of the Information and Privacy Commissioner, shall provide whatever assistance is reasonably necessary, including using any data storage, processing or retrieval device or system to produce a record in readable form. 2018, c. 3, Sched. 6, s. 13.

Orders

(5) If, after giving the Chief Coroner or entity an opportunity to be heard, the Information and Privacy Commissioner determines that a practice contravenes section 52.1, the Information and Privacy Commissioner may order the Chief Coroner or entity to do any of the following:

1.  Discontinue the practice.

2.  Change the practice as specified by the Information and Privacy Commissioner.

3.  Destroy personal information collected or retained under the practice.

4.  Implement a new practice as specified by the Information and Privacy Commissioner. 2018, c. 3, Sched. 6, s. 13.

Limit on certain orders

(6) The Information and Privacy Commissioner may order, under paragraph 2 or 4 of subsection (5), no more than what is reasonably necessary to achieve compliance with section 52.1. 2018, c. 3, Sched. 6, s. 13.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 13 - 01/01/2019

Offence

52.3 (1) No person shall,

(a)  wilfully use or disclose personal information in contravention of subsection 52.1 (2) or (6); or

(b)  wilfully fail to comply with an order made by the Information and Privacy Commissioner under paragraph 1 or 3 of subsection 52.2 (5). 2018, c. 3, Sched. 6, s. 13.

Penalty

(2) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable,

(a)  in the case of a first offence, to a fine of not more than $25,000; or

(b)  in the case of a second or subsequent offence, to a fine of not more than $50,000. 2018, c. 3, Sched. 6, s. 13.

Section Amendments with date in force (d/m/y)

2018, c. 3, Sched. 6, s. 13 - 01/01/2019

Protection from personal liability

53 No action or other proceeding shall be instituted against any person exercising a power or performing a duty under this Act for any act done in good faith in the execution or intended execution of any such power or duty or for any alleged neglect or default in the execution in good faith of any such power or duty.  2009, c. 15, s. 27.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 27 - 27/07/2009

Seals not necessary

54 In proceedings under this Act, it is not necessary for a person to affix a seal to a document, and no document is invalidated by reason of the lack of a seal, even though the document purports to be sealed.  R.S.O. 1990, c. C.37, s. 54.

Offences

55 Any person who contravenes section 10, 11, 13 or subsection 16 (6) is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both.  R.S.O. 1990, c. C.37, s. 55.

Regulations and fees

56 (1) The Lieutenant Governor in Council may make regulations,

(a)  prescribing powers and duties of the Chief Coroner;

(b)  prescribing powers and duties of the Chief Forensic Pathologist;

(c)  prescribing the composition of the Oversight Council and of the complaints committee of the Oversight Council;

(d)  prescribing matters for the purpose of paragraph 7 of subsection 8.1 (1);

(e)  respecting the making, referral and reviewing of complaints under section 8.4;

(f)  defining “restrain” for the purpose of subsections 10 (4.7) and (4.8);

(g)  governing the retention, storage and disposal of tissue samples, implanted devices and body fluids obtained in performing a post mortem examination of a body or conducting examinations or analyses under section 28.  2009, c. 15, s. 28 (1); 2009, c. 33, Sched. 9, s. 3 (2).

Same

(2) The Minister may make regulations,

(a)  respecting the appointment of persons under section 16.1;

(b)  prescribing limits on the powers of persons appointed under section 16.1;

(b.1)  governing the publication of an explanation of a coroner’s determination under section 18;

(c)  providing for the selecting, recording, summoning, attendance and service of persons as jurors at inquests;

(d)  prescribing matters that may be grounds for disqualification because of interest or bias of jurors for the purposes of subsection 34 (6);

(e)  prescribing the contents of oaths and affirmations required or authorized by this Act;

(f)  prescribing the form of a warrant for the purpose of subsection 40 (3);

(g)  prescribing fees and allowances that shall be paid to persons rendering services in connection with coroners’ investigations and inquests and providing for the adjustment of such fees and allowances in special circumstances;

(g.1)  prescribing entities to whom personal information may be disclosed for the purposes of subsection 52.1 (1);

(g.2)  prescribing exceptions and additional requirements for the purposes of subsection 52.1 (6);

(g.3)  specifying requirements, restrictions or prohibitions with respect to the collection, use or disclosure of personal information by a coroner or an entity prescribed under clause (g.1) in addition to the requirements, restrictions or prohibitions set out in this Act;

(h)  requiring and governing the disclosure, collection and use of information, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, about coroners, pathologists and other members of the College of Physicians and Surgeons of Ontario among the Chief Coroner, the Chief Forensic Pathologist, the Oversight Council and the College of Physicians and Surgeons of Ontario.  2009, c. 15, s. 28 (1); 2018, c. 3, Sched. 6, s. 14 (1).

Coroners’ fees and allowances

(3) The Minister may set fees and allowances for coroners for services performed under this or any other Act and may provide for the adjustment of such fees and allowances in special circumstances.  1997, c. 39, s. 5 (2).

Fees and allowances for appointed judge or lawyer

(3.1) The Minister may set fees and allowances for judges, retired judges or lawyers appointed to hold or continue an inquest under this Act and may provide for the adjustment of such fees and allowances in special circumstances. 2018, c. 3, Sched. 6, s. 14 (2).

Non-application of Legislation Act, 2006, Part III

(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to,

(a)  any rules made by the Chief Forensic Pathologist respecting the maintenance of the register of pathologists under section 7.1 or the authorization of pathologists to provide services under this Act; or

(b)  the rules of procedure for inquests made by the Chief Coroner under section 50.1.  2009, c. 15, s. 28 (2).

Section Amendments with date in force (d/m/y)

1997, c. 39, s. 5 (1, 2) - 01/05/1998

2009, c. 15, s. 28 (1, 2) - 27/07/2009; 2009, c. 33, Sched. 9, s. 3 (2) - 15/12/2009

2018, c. 3, Sched. 6, s. 14 (1) - 01/01/2019; 2018, c. 3, Sched. 6, s. 14 (2) - 30/04/2018

Forms

57 (1) The Minister may approve forms for the purposes of this Act and provide for their use.  2009, c. 15, s. 29.

Same

(2) Where the Minister approves a form and requires its use, the form shall be available on the website of the ministry of the Minister.  2009, c. 15, s. 29.

Section Amendments with date in force (d/m/y)

2009, c. 15, s. 29 - 27/07/2009

Forms 1, 2 Repealed:  1997, c. 39, s. 6.

Section Amendments with date in force (d/m/y)

1997, c. 39, s. 6 - 30/04/1999