Coroners Act

1 (1) In this Act, “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”, “constable 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…

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of the Legislature, the common law as it relates to the functions, powers and duties of coroners within Ontario is repealed.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…

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) facilitate the postgraduate training of pathologists to enable them to provide forensic pathology services under this Act; (c.1) conduct continuing education programs for 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; 2026, c. 7, Sched. 4, s. 1. Deputy Chief Forensic Pathologists (2) The Lieu…

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 appoin…

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 t…

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

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 sha…

9 (1) The police service having jurisdiction in the area in which a body is found shall make available to a coroner the assistance of such members of the police service 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, 2). Same (2) The Chief Coroner in any case he or she considers appropriate may request that another police service 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; 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) - 01/04/2024

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…

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 prov…

10.2 (1) In each calendar year, the Chief Coroner shall assign one or more coroners to conduct a review of each of any worker deaths in the previous calendar year resulting from an accident that occurred in the course of the worker’s employment at or in a construction project. 2024, c. 2, Sched. 5, s. 2. Power to assign to review (2) The Chief Coroner may, (a) group different deaths together and assign different coroners to conduct reviews of each group of deaths; (b) assign a single coroner or a team of coroners to conduct the same review; (c) assign coroners to review different groups of deaths at different times of the year, so long as all of the worker deaths in the previous calendar year resulting from an accident occurring in the course of the workers’ employment at or in a construction project are assigned to coroners for review by the end of the current calendar year; (d) revoke …

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,…

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…

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…

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 coron…

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 saf…

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 t…

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 d…

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 …

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 und…

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…

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 shal…

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. Same (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, occupations and such other information as may be prescribed. 2024, c. 16, Sched. 5, s. 1. 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). Same (4) An officer, employee or inmate of a hospital o…

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

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 …

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 de…

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 …

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 o…

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 service having jurisdiction in the area 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); 2019, c. 1, Sched. 6, s. 11. Sectio…

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…

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

50.2 (1) No person shall, (a) take or attempt to take a photograph, audio or video recording or other record capable of producing or transmitting visual or aural representations by electronic means or otherwise, (i) at an inquest, (ii) of any person entering or leaving the room in which an inquest is to be or has been conducted, or (iii) of any person in the building in which an inquest is to be or has been conducted if there is reasonable ground for believing that the person is there for the purpose of attending or leaving the inquest, other than in an area of the building designated by the coroner presiding at the inquest for the purpose and with the person’s consent; (b) publish, broadcast, reproduce or otherwise disseminate a photograph, recording or record taken in contravention of clause (a); or (c) broadcast, reproduce or otherwise disseminate an audio recording described in claus…

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 se…

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 subse…

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.

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 collection, retention, storage and disposal of tissue samples, implanted devices and body fluids obtained from a body that is the subject of a post mortem examination or other examinations or analyses under section 28. 2009, c. 15, s. 28 (1); 2009, c. 33, Sched. 9, s. 3 (2); 2023, c. 12, Sched. 2, s. 1 (1). Tissue samples, body fluids (1.1)…

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 ______________