Coroners Act

Question 1

Definitions
1 (1) In this Act,

Answer 1

“auxiliary member”, “First Nations Constable”, “police force” and “special constable” have the same meaning as in the Police Services Act

Question 2

Chief Coroner

Answer 2

means the Chief Coroner for Ontario

Question 3

Chief Forensic Pathologist

Answer 3

means the Chief Forensic Pathologist for Ontario

Question 4

coroner

Answer 4

means the Chief Coroner, a Deputy Chief Coroner, a regional coroner or a coroner appointed under section 5

Question 5

Deputy Chief Coroner

Answer 5

means a Deputy Chief Coroner for Ontario

Question 6

Forensic pathologist

Answer 6

means a pathologist who has been certified by the Royal College of Physicians and Surgeons of Canada in forensic pathology or has received equivalent certification in another jurisdiction

Question 6

Deputy Chief Forensic Pathologist

Answer 6

means a Deputy Chief Forensic Pathologist for Ontario

Question 7

1. mine & 2.mining plant

Answer 7

1. means a mine as defined in the Occupational Health and Safety Act
2. means a mining plant as defined in the Occupational Health and Safety Act

Question 8

Minister

Answer 8

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

Question 9

Oversight Council

Answer 9

means the Death Investigation Oversight Council established under section 8

Question 10

pathologist

Answer 10

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

Question 11

pathologists register

Answer 11

means the register of pathologists maintained under section 7.1

Question 12

research

Answer 12

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

Question 13

Chief Coroner and duties

Answer 13

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.

Question 14

Deputy Chief Coroners

Answer 14

(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.

Question 15

Delegation

Answer 15

(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

Question 16

Regional coroners & Duties

Answer 16

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.

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.

Question 17

Lieutenant Governor

Answer 17

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.

Question 18

Deputy Chief Forensic Pathologists

Answer 18

(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.

Question 19

Functions of Oversight Council
Advice and recommendations to Chief Coroner and Chief Forensic Pathologist

Answer 19

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.

Question 20

Duty to give information

Answer 20

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)

Question 21

Deaths to be reported

Answer 21

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

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

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

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

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

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

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

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

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

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

Question 22

Deaths in long-term care homes

Answer 22

Where a person dies while resident in a long-term care home to which the Fixing Long-Term Care Act, 2021 applies, the person in charge of the home shall immediately give notice of the death to a coroner and, if the coroner is of the opinion that the death ought to be investigated, he or she shall investigate the circumstances of the death and if, as a result of the investigation, he or she is of the opinion that an inquest ought to be held, the coroner shall hold an inquest upon the body. 2007, c. 8, s. 201 (2); 2009, c. 15, s. 6 (3); 2021, c. 39, Sched. 2, s. 5.

Question 23

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

Answer 23

(3) Where a person dies while,

(a) a patient of a psychiatric facility;

(b) committed to a correctional institution;

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

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

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

Question 24

Death relating to correctional institution

Answer 24

(4.3) Where a person dies while,

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

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

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

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

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

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

Question 25

Coroner to investigate and hold inquest

Answer 25

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

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

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

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

Question 26

Shipment of bodies outside Ontario

Answer 26

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).

Question 27

Transportation of a body out of Ontario for post mortem

Answer 27

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.

Question 28

Coroner’s investigation

Answer 28

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.

Question 29

Investigative powers

Answer 29

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.

Question 30

Transfer of investigation

Answer 30

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).

Question 31

Post mortem examination

Answer 31

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.

Question 32

Other examinations and analyses

Answer 32

(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.

Question 33

Pathologist’s duty & Power to examine body

Answer 33

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

(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.

Question 34

Direction of Chief Forensic Pathologist

Answer 34

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.

Question 35

Assistance

Answer 35

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.

Question 36

Reports of post mortem findings

Answer 36

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,

Question 37

Purposes of inquest

Answer 37

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).

Question 38

Summonses

Answer 38

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)

Question 39

Bench warrants

Answer 39

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

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

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

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