jswizzle3737/ontario_laws_and_regs huggingface dataset:
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
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); 2021, c. 4, Sched. 11, s. 4. 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 2021, c. 4, Sched. 11, s. 4 - 19/04/2021
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).
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
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).
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
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.
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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 ______________  Français