jswizzle3737/ontario_laws_and_regs huggingface dataset:
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of the Legislature, the common law as it relates to the functions, powers and duties of coroners within Ontario is repealed.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).
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
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).
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).
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.
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
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
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
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).
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
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
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
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
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
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
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
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
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
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); 2021, c. 4, Sched. 11, s. 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 2021, c. 4, Sched. 11, s. 4 - 19/04/2021
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
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
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
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).
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
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.
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
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
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.
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
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
38 A verdict or finding may be returned by a majority of the jurors sworn.  R.S.O. 1990, c. C.37, s. 38.
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