[39] Bill 115 Royal Assent (PDF)
Bill 115 2009
An Act to amend the Coroners Act
Note: This Act amends the Coroners Act. For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Section 1 of the Coroners Act is amended by adding the following definitions:
"Chief Forensic Pathologist" means the Chief Forensic Pathologist for Ontario; ("médecin légiste en chef")
"Deputy Chief Coroner" means a Deputy Chief Coroner for Ontario; ("coroner en chef adjoint")
"Deputy Chief Forensic Pathologist" means a Deputy Chief Forensic Pathologist for Ontario; ("médecin légiste en chef adjoint")
"forensic pathologist" means a pathologist who has been certified by the Royal College of Physicians and Surgeons of Canada in forensic pathology or has received equivalent certification in another jurisdiction; ("médecin légiste")
"Oversight Council" means the Death Investigation Oversight Council established under section 8; ("Conseil de surveillance")
"pathologist" means a physician who has been certified by the Royal College of Physicians and Surgeons of Canada as a specialist in anatomical or general pathology or has received equivalent certification in another jurisdiction; ("pathologiste")
"pathologists register" means the register of pathologists maintained under section 7.1; ("registre des pathologistes")
"tissue" includes an organ or part of an organ. ("tissu")
(2) Section 1 of the Act is amended by adding the following subsection:
Interpretation of body
(2) A reference in this Act to the body of a person includes part of the body of a person.
2. (1) Clause 4 (1) (d) of the Act is repealed and the following substituted:
(d) bring the findings and recommendations of coroners' investigations and coroners' juries to the attention of appropriate persons, agencies and ministries of government;
(2) Clause 4 (1) (f) of the Act is amended by striking out "or by the regulations".
(3) Subsection 4 (2) of the Act is repealed and the following substituted:
Deputy Chief Coroners
(2) The Lieutenant Governor in Council may appoint one or more coroners 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.
(4) Section 4 of the Act is amended by adding the following subsection:
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.
3. The Act is amended by adding the following sections:
Ontario Forensic Pathology Service
6. The Minister shall establish the Ontario Forensic Pathology Service, to be known in French as Service de médecine légale de l'Ontario, the function of which shall be to facilitate the provision of pathologists' services under this Act.
Chief Forensic Pathologist and Deputies
7. (1) The Lieutenant Governor in Council may appoint a forensic pathologist to be Chief Forensic Pathologist for Ontario who shall,
(a) be responsible for the administration and operation of the Ontario Forensic Pathology Service;
(b) supervise and direct pathologists in the provision of services under this Act;
(c) conduct programs for the instruction of pathologists who provide services under this Act;
(d) prepare, publish and distribute a code of ethics for the guidance of pathologists in the provision of services under this Act;
(e) perform such other duties as are assigned to him or her by or under this or any other Act or by the Lieutenant Governor in Council.
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.
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.
Pathologists register
7.1 (1) The Chief Forensic Pathologist shall maintain a register of pathologists who are authorized by the Chief Forensic Pathologist to provide services under this Act.
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.
4. Section 8 of the Act is repealed and the following substituted:
Oversight Council
8. (1) There is hereby established a council to be known in English as the Death Investigation Oversight Council and in French as Conseil de surveillance des enquêtes sur les décès.
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.
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.
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.
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.
Quorum
(6) The chair shall determine the number of members of the Oversight Council that constitutes a quorum for any purpose.
Annual report
(7) At the end of each calendar year, the Oversight Council shall submit an annual report on its activities, including its activities under subsection 8.1 (1), to the Minister, who shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly.
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.
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.
Functions of Oversight Council
Advice and recommendations to Chief Coroner and Chief Forensic Pathologist
8.1 (1) The Oversight Council shall oversee the Chief Coroner and the Chief Forensic Pathologist by advising and making recommendations to them on the following matters:
1. Financial resource management.
2. Strategic planning.
3. Quality assurance, performance measures and accountability mechanisms.
4. Appointment and dismissal of senior personnel.
5. The exercise of the power to refuse to review complaints under subsection 8.4 (10).
6. Compliance with this Act and the regulations.
7. Any other matter that is prescribed.
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.
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.
Complaints committee
8.2 (1) There shall be a complaints committee of the Oversight Council composed, in accordance with the regulations, of members of the Oversight Council appointed by the chair of the Oversight Council.
Chair
(2) The chair of the Oversight Council shall designate one member of the complaints committee to be the chair of the committee.
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.
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.
Confidentiality
8.3 (1) Every member and employee of the Oversight Council and of the complaints committee shall keep confidential all information that comes to his or her knowledge in the course of performing his or her duties under this Act.
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.
Complaints
Right to make a complaint
8.4 (1) Any person may make a complaint to the complaints committee about a coroner, a pathologist or a person, other than a coroner or pathologist, with powers or duties under section 28.
Form of complaint
(2) The complaint must be in writing.
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.
Complaints about coroners
(4) Subject to subsection (8), the complaints committee shall refer every complaint about a coroner, other than the Chief Coroner, to the Chief Coroner and the Chief Coroner shall review every such complaint.
Complaints about pathologists
(5) Subject to subsection (8), the complaints committee shall refer every complaint about a pathologist, other than the Chief Forensic Pathologist, to the Chief Forensic Pathologist and the Chief Forensic Pathologist shall review every such complaint.
Complaints about Chiefs
(6) Subject to subsection (8), the complaints committee shall review every complaint made about the Chief Coroner or the Chief Forensic Pathologist.
Referral to other persons or bodies
(7) The complaints committee shall refer every complaint about a person, other than a coroner or pathologist, with powers or duties under section 28 to a person or organization that has power to deal with the complaint and that the committee considers is the appropriate person or organization to deal with the complaint.
Same
(8) If the complaints committee is of the opinion that a complaint about a coroner or pathologist is more appropriately dealt with by the College of Physicians and Surgeons of Ontario or another person or organization that has power to deal with the complaint, the complaints committee shall refer the complaint to the College or that other person or organization.
Notice of referral
(9) If the complaints committee refers a complaint to the College of Physicians and Surgeons of Ontario or another person or organization under subsection (8), the committee shall promptly give notice in writing to the complainant, the coroner or pathologist who is the subject of the complaint, and the Oversight Council.
Refusal to review a complaint
(10) Despite subsections (4) and (5), the Chief Coroner and the Chief Forensic Pathologist may refuse to review a complaint referred to him or her if, in his or her opinion,
(a) the complaint is trivial or vexatious or not made in good faith;
(b) the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or
(c) the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.
Same
(11) Despite subsection (6), the complaints committee may refuse to review a complaint if, in its opinion,
(a) the complaint is trivial or vexatious or not made in good faith;
(b) the complaint does not relate to a power or duty of the Chief Coroner or the Chief Forensic Pathologist; or
(c) the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.
Reports after review or decision to not review
(12) The Chief Coroner and the Chief Forensic Pathologist shall, promptly after completing his or her review of a complaint referred to him or her or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the complaints committee on the results of the review or the decision to not review the complaint, as the case may be.
Same
(13) The complaints committee shall, promptly after completing its review of a complaint or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint, the Oversight Council and the Minister on the results of the review or the decision to not review the complaint, as the case may be.
Request for review by complaints committee
(14) If a complaint is made about a coroner or pathologist, other than the Chief Coroner or the Chief Forensic Pathologist, and the complainant or the coroner or pathologist who is the subject of the complaint is not satisfied with the results of the review of the complaint or the decision to not review the complaint by the Chief Coroner or the Chief Forensic Pathologist, he or she may request in writing that the complaints committee review the complaint and the complaints committee shall review the complaint and shall, promptly after completing its review or deciding to not review the complaint, report in writing to the complainant, the person who is the subject of the complaint and the Chief Coroner or the Chief Forensic Pathologist, as appropriate, on the results of the review or the decision to not review the complaint, as the case may be.
Refusal to review a complaint on request
(15) The complaints committee may refuse to review a complaint pursuant to a request made under subsection (14) if, in its opinion,
(a) the complaint is trivial or vexatious or not made in good faith;
(b) the complaint does not relate to a power or duty of a coroner or a pathologist under this Act; or
(c) the complainant was not directly affected by the exercise or performance of, or the failure to exercise or perform, the power or duty to which the complaint relates.
Annual reports to Oversight Council
(16) The complaints committee shall submit an annual report on its activities to the Oversight Council at the end of each calendar year.
Additional reports
(17) The Oversight Council may request additional reports from the complaints committee on its activities or on a specific complaint or complaints about a specific person at any time and the complaints committee shall submit such reports as requested and may also submit additional reports as described at any time on its own initiative.
5. Section 9 of the Act is repealed and the following substituted:
Police assistance
9. (1) The police force having jurisdiction in the locality in which a coroner has jurisdiction shall make available to the coroner the assistance of such police officers as are necessary for the purpose of carrying out the coroner's duties.
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.
6. (1) Subsection 10 (2) of the Act is amended by striking out "issue his or her warrant and" in the portion after clause (h).
(2) Subsection 10 (2.1) of the Act, as it read immediately before its re-enactment by subsection 201 (2) of the Long-Term Care Homes Act, 2007, is amended by striking out "issue his or her warrant and".
(3) On the first day that both subsection 201 (2) of the Long-Term Care Homes Act, 2007 and this subsection are in force, subsection 10 (2.1) of the Act is amended by striking out "issue his or her warrant and".
(4) Subsections 10 (3) and (4) of the Act are repealed and the following substituted:
Deaths off premises of psychiatric facilities, correctional institutions, youth custody facilities
(3) Where a person dies while,
(a) a patient of a psychiatric facility;
(b) committed to a correctional institution;
(c) committed to a place of temporary detention under the Youth Criminal Justice Act (Canada); or
(d) committed to secure or open custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise,
but while not on the premises or in actual custody of the facility, institution or place, as the case may be, subsection (2) applies as if the person were a resident of an institution named in subsection (2).
Death on premises of detention facility or lock-up
(4) Where a person dies while detained in and on the premises of a detention facility established under section 16.1 of the Police Services Act or a lock-up, the officer in charge of the facility or lock-up shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
Death on premises of place of temporary detention
(4.1) Where a person dies while committed to and on the premises of a place of temporary detention under the Youth Criminal Justice Act (Canada), the officer in charge of the place shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
Death on premises of place of secure custody
(4.2) Where a person dies while committed to and on the premises of a place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada), whether in accordance with section 88 of the Youth Criminal Justice Act (Canada) or otherwise, the officer in charge of the place or facility shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
Death on premises of correctional institution
(4.3) Where a person dies while committed to and on the premises of a correctional institution, the officer in charge of the institution shall immediately give notice of the death to a coroner and the coroner shall investigate the circumstances of the death and shall hold an inquest upon the body if as a result of the investigation he or she is of the opinion that the person may not have died of natural causes.
Non-application of subs. (4.3)
(4.4) If a person dies in circumstances referred to in subsection (4), (4.1) or (4.2) on the premises of a lock-up, place of temporary detention or place or facility designated as a place of secure custody that is located in a correctional institution, subsection (4.3) does not apply.
Death in custody off premises of correctional institution
(4.5) Where a person dies while committed to a correctional institution, while off the premises of the institution and while in the actual custody of a person employed at the institution, the officer in charge of the institution shall immediately give notice of the death to a coroner and the coroner shall investigate the circumstances of the death and shall hold an inquest upon the body if as a result of the investigation he or she is of the opinion that the person may not have died of natural causes.
Other deaths in custody
(4.6) If a person dies while detained by or in the actual custody of a peace officer and subsections (4), (4.1), (4.2), (4.3) and (4.5) do not apply, the peace officer shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
Death while restrained on premises of psychiatric facility, etc.
(4.7) Where a person dies while being restrained and while detained in and on the premises of a psychiatric facility within the meaning of the Mental Health Act or a hospital within the meaning of Part XX.1 (Mental Disorder) of the Criminal Code (Canada), the officer in charge of the psychiatric facility or the person in charge of the hospital, as the case may be, shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
Death while restrained in secure treatment program
(4.8) Where a person dies while being restrained and while committed or admitted to a secure treatment program within the meaning of Part VI of the Child and Family Services Act, the person in charge of the program shall immediately give notice of the death to a coroner and the coroner shall hold an inquest upon the body.
(5) Subsection 10 (5) of the Act is amended by striking out "issue a warrant to".
(6) Subsection (2) of this section is of no effect and is repealed if subsection 201 (2) of the Long-Term Care Homes Act, 2007 is in force on the same day or before subsection (3) of this section is in force.
7. (1) Subsection 15 (1) of the Act is repealed and the following substituted:
Coroner's investigation
(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 in similar circumstances.
(2) Subsection 15 (3) of the Act is amended by striking out "or except under the instructions of the Minister" at the end.
8. Clause 16 (1) (a) of the Act is repealed and the following substituted:
(a) examine or take possession of any dead body, or both; and
9. The Act is amended by adding the following section:
Appointment of persons with coroners' investigative powers and duties
16.1 (1) The Chief Coroner may appoint any person, in accordance with the regulations, to exercise the investigative powers and duties of a coroner.
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.
Limitation
(3) A person appointed under subsection (1) cannot determine whether or not an inquest is necessary or hold an inquest.
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.
10. Section 18 of the Act is repealed and the following substituted:
Inquest unnecessary
18. (1) Where the coroner determines that an inquest is unnecessary, the coroner shall forthwith transmit to the Chief Coroner a signed statement setting forth briefly the results of the investigation, and shall also forthwith transmit to the division registrar a notice of the death in the form prescribed by the Vital Statistics Act.
Recommendations
(2) The coroner may make recommendations to the Chief Coroner with respect to the prevention of deaths in circumstances similar to those of the death that was the subject of the coroner's investigation.
Disclosure to the public
(3) The Chief Coroner shall bring the findings and recommendations of a coroner's investigation, 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.
Record of investigations
(4) 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.
11. The Act is amended by adding the following section:
Coroner's report if death suspected not of natural causes
18.1 If the coroner is of the opinion, based on his or her investigation, that the deceased person may not have died of natural causes, the coroner shall advise the regional coroner of that opinion and the regional coroner shall so advise the Crown Attorney.
12. Section 19 of the Act is repealed and the following substituted:
Determination to hold an inquest
19. Where the coroner determines that an inquest is necessary, the coroner shall,
(a) forthwith notify the Chief Coroner of that determination and give the Chief Coroner a brief summary of the results of the investigation and of the grounds upon which the coroner made that determination; and
(b) hold an inquest.
13. Section 22 of the Act is repealed.
14. Section 23 of the Act is repealed.
15. Section 24 of the Act is amended by,
(a) striking out "the Minister may" and substituting "the Chief Coroner may"; and
(b) striking out "as the Minister considers proper" at the end of the English version and substituting "as the Chief Coroner considers proper".
16. Subsection 26 (3) of the Act is amended by striking out "Subject to section 22" at the beginning.
17. (1) Subsection 27 (1) of the Act is amended by striking out "the Minister" and substituting "the Chief Coroner".
(2) Subsection 27 (2) of the Act is amended by striking out "the Minister" and substituting "the Chief Coroner".
(3) Subsection 27 (3) of the Act is amended by striking out "the coroner may issue a warrant for an inquest" and substituting "the coroner may hold an inquest".
18. Sections 28 and 29 of the Act are repealed and the following substituted:
Post mortem examination
28. (1) A coroner may at any time during an investigation issue a warrant for a pathologist to perform a post mortem examination of the body.
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.
Pathologist's duty
(3) The pathologist to whom the warrant is issued shall perform the post mortem examination of the body.
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.
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.
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.
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.
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.
Pathologist from register
(9) The coroner may issue a warrant under subsection (1) only to a pathologist whose name is on the pathologists register.
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.
Reports of post mortem findings
29. (1) The pathologist who performed the post mortem examination of a body under section 28 shall forthwith report in writing his or her findings from the post mortem examination and from any other examinations or analyses that he or she conducted to the coroner who issued the warrant, the regional coroner and, if the pathologist who performed the post mortem examination is not the Chief Forensic Pathologist, the Chief Forensic Pathologist.
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.
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.
19. (1) Subsection 33 (1) of the Act is amended by striking out "Except as provided in subsection (4)" at the beginning.
(2) Subsection 33 (4) of the Act is repealed.
20. Subsection 37 (1) of the Act is repealed and the following substituted:
Jury's duties, powers
View of place
(1) The jury shall view any place that the coroner directs them to view.
21. Section 39 of the Act is repealed and the following substituted:
Service of summonses
39. A summons to a juror or to a witness may be served,
(a) by personal service;
(b) by leaving a copy, in a sealed envelope addressed to the person summoned, at his or her place of residence with anyone who appears to be an adult member of the same household; or
(c) by sending it by registered mail addressed to the place of residence of the person summoned.
22. Subsection 40 (2) of the Act is repealed and the following substituted:
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.
23. Subsection 45 (2) of the Act is amended by striking out "the Minister, Chief Coroner or Crown Attorney" and substituting "the Chief Coroner or Crown Attorney".
24. Subsection 50 (2) of the Act is repealed and the following substituted:
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.
25. The Act is amended by adding the following section:
Rules of procedure for inquests
50.1 The Chief Coroner may make additional rules of procedure for inquests.
26. Subsection 52 (1) of the Act is amended by striking out "the Minister, Crown Attorney or Chief Coroner" and substituting "the Crown Attorney or Chief Coroner".
27. Section 53 of the Act is repealed and the following substituted:
Protection from personal liability
53. No action or other proceeding shall be instituted against any person exercising a power or performing a duty under this Act for any act done in good faith in the execution or intended execution of any such power or duty or for any alleged neglect or default in the execution in good faith of any such power or duty.
28. (1) Subsections 56 (1) and (2) of the Act are repealed and the following substituted:
Regulations and fees
(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;
(d) prescribing matters for the purpose of paragraph 7 of subsection 8.1 (1);
(e) respecting the making, referral and reviewing of complaints under section 8.4;
(f) defining "restrain" for the purpose of subsections 10 (4.7) and (4.8);
(g) governing the retention, storage and disposal of tissue samples, implanted devices and body fluids obtained in performing a post mortem examination of a body or conducting examinations or analyses under section 28.
Same
(2) The Minister may make regulations,
(a) respecting the appointment of persons under section 16.1;
(b) prescribing limits on the powers of persons appointed under section 16.1;
(c) providing for the selecting, recording, summoning, attendance and service of persons as jurors at inquests;
(d) prescribing matters that may be grounds for disqualification because of interest or bias of jurors for the purposes of subsection 34 (6);
(e) prescribing the contents of oaths and affirmations required or authorized by this Act;
(f) prescribing the form of a warrant for the purpose of subsection 40 (3);
(g) prescribing fees and allowances that shall be paid to persons rendering services in connection with coroners' investigations and inquests and providing for the adjustment of such fees and allowances in special circumstances;
(h) requiring and governing the disclosure, collection and use of information, including personal information within the meaning of the Freedom of Information and Protection of Privacy Act, about coroners, pathologists and other members of the College of Physicians and Surgeons of Ontario among the Chief Coroner, the Chief Forensic Pathologist, the Oversight Council and the College of Physicians and Surgeons of Ontario.
(2) Section 56 of the Act is amended by adding the following subsection:
Non-application of Legislation Act, 2006, Part III
(4) Part III (Regulations) of the Legislation Act, 2006 does not apply to,
(a) any rules made by the Chief Forensic Pathologist respecting the maintenance of the register of pathologists under section 7.1 or the authorization of pathologists to provide services under this Act; or
(b) the rules of procedure for inquests made by the Chief Coroner under section 50.1.
29. The Act is amended by adding the following section:
Forms
57. (1) The Minister may approve forms for the purposes of this Act and provide for their use.
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.
Commencement
30. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.
Short title
31. The short title of this Act is the Coroners Amendment Act, 2009.
EXPLANATORY NOTE
This Explanatory Note was written as a reader's aid to Bill 115 and does not form part of the law. Bill 115 has been enacted as Chapter 15 of the Statutes of Ontario, 2009.
The Bill amends the Coroners Act as follows:
Amendments respecting pathologists
New section 6 requires the establishment of the Ontario Forensic Pathology Service, which will facilitate the provision of pathologists' services under the Act. Under new section 7, the Lieutenant Governor in Council may appoint a Chief Forensic Pathologist and Deputy Chief Forensic Pathologists, all of whom must be pathologists certified in forensic pathology. The Chief Forensic Pathologist is responsible for the administration and operation of the Ontario Forensic Pathology Service and for the supervision and direction of pathologists who provide services under the Act. The Chief Forensic Pathologist is required by new section 7.1 to maintain a register of pathologists who are authorized to provide services under the Act.
Amendments respecting post mortem examinations
Sections 28 and 29 of the Act are re-enacted to clarify the roles of coroners and pathologists with respect to post mortem examinations. A coroner is authorized to issue a warrant to a pathologist requiring the pathologist to perform a post mortem examination of a body. The warrant must be issued to a pathologist whose name is on the register maintained by the Chief Forensic Pathologist. The Chief Forensic Pathologist may assign another pathologist whose name is on the register to perform the post mortem examination instead of the pathologist to whom the coroner's warrant was issued.
The pathologist who conducts the post mortem examination may conduct, or direct another person to conduct, additional examinations and analyses as he or she considers appropriate. The pathologist is given the power to enter and inspect any place where the dead body is and examine the body and to enter and inspect any place from which the pathologist believes the body was removed.
The pathologist and any other person who conducted examinations or analyses are required to report their findings to the coroner who issued the warrant, the regional coroner and the Chief Forensic Pathologist. The Chief Forensic Pathologist must advise the Chief Coroner if, in his or her opinion, a second or further post mortem examination of the body should be performed and the Chief Coroner is then required to order another post mortem of the body.
The power to extract the pituitary gland for the purpose of treating growth hormone deficiency, currently set out in section 29 of the Act, is not re-enacted. Safer methods of obtaining growth hormones are now available.
Subsection 56 (1) of the Act is amended to provide for regulations governing the retention, storage and disposal of tissue samples, implanted devices and body fluids obtained from a post mortem examination of a body or other examinations and analyses.
Amendments respecting oversight and complaints
The current section 8 of the Act is replaced with a provision dealing with oversight. Section 8 establishes the Death Investigation Oversight Council, whose function is to oversee and advise the Chief Coroner and the Chief Forensic Pathologist. New section 8.1 lists the matters on which the Oversight Council is to provide advice: financial resource management, strategic planning, quality assurance, performance measures, accountability mechanisms, appointment and dismissal of senior personnel, the exercise of the power to refuse to review complaints, compliance with the Act and the regulations, and other prescribed matters. The Oversight Council is to report to the Minister on its activities, including its provision of advice. It is also required to advise and make recommendations to the Minister respecting the appointment and dismissal of the Chief Coroner and the Chief Forensic Pathologist.
New section 8.2 requires the establishment of a complaints committee composed of members of the Oversight Council. New section 8.4 sets out the complaints process. Any person is entitled to make a complaint to the complaints committee about a coroner, a pathologist or another person who has powers or duties in relation to post mortem examinations. The committee will generally refer complaints about coroners to the Chief Coroner and complaints about pathologists to the Chief Forensic Pathologist. It will itself review complaints about the Chief Coroner and the Chief Forensic Pathologist. It will refer complaints about the other persons with powers or duties in relation to post mortem examinations to a person or organization that has power to deal with those complaints and that the committee considers appropriate. It may also refer a complaint about a coroner or pathologist to the College of Physicians and Surgeons of Ontario or to another person or organization, if it is of the opinion that the complaint is more appropriately dealt with by the College or other person or organization. A person who is not satisfied with the results of a review of a complaint by the Chief Coroner or Chief Forensic Pathologist may ask the committee to review the complaint. The committee will report on its activities to the Oversight Council.
Amendments respecting coroners' investigations
Subsection 15 (1) of the Act is re-enacted to enlarge on the purpose and scope of a coroner's investigation. The new subsection makes clear that the coroner must make such investigation as, in the coroner's opinion, is necessary in the public interest not only to determine whether or not an inquest is necessary, but also to determine the answers to the same questions to be determined by an inquest under subsection 31 (1) (i.e., who was the deceased and how, when, where and by what means did he or she die) and to collect and analyze information about the death in order to prevent similar deaths.
Under new section 16.1, the Chief Coroner may appoint any person to exercise the investigative powers of a coroner. A person appointed under this section cannot determine whether or not to hold an inquest and cannot hold an inquest.
Clause 4 (1) (d) of the Act currently requires the Chief Coroner to bring the findings and recommendations of coroners' juries to the attention of appropriate persons, agencies and ministries of government. This is expanded to apply to the findings and recommendations of coroners' investigations as well.
Amendments respecting the determination to hold an inquest
Current subsection 10 (4) of the Act requires that an inquest be held where a person dies while detained by or in the actual custody of a peace officer or while an inmate on the premises of a correctional institution, lock-up or place or facility designated as a place of secure custody under section 24.1 of the Young Offenders Act (Canada). Subsection 10 (4) is divided into several subsections dealing with these situations. The new subsections 10 (4.3) and (4.5) provide that, in the case of a person who dies while committed to correctional facilities, an inquest is mandatory only if the coroner is of the opinion that the person may not have died of natural causes. New subsections are added to provide for a mandatory inquest if a person dies while being restrained and while detained in a psychiatric facility or in a hospital under the mental disorder provisions of the Criminal Code (Canada), or while committed or admitted to a secure treatment program under the Child and Family Services Act.
Under current sections 18 and 19 of the Act, a coroner is required to notify both the Chief Coroner and the Crown Attorney once he or she decides to hold an inquest or not. Sections 18 and 19 are re-enacted, and new section 18.1 is added, so that a coroner need only notify the Chief Coroner of the decision to hold or not hold an inquest. A coroner must notify the regional coroner if he or she thinks that the deceased person may not have died of natural causes, and the regional coroner must pass the notification on to the Crown Attorney. Where a coroner decides not to hold an inquest, he or she may make recommendations to the Chief Coroner with respect to the prevention of similar deaths, and the Chief Coroner may make the coroner's findings and recommendations public in the interests of public safety.
Amendments respecting inquests
Section 22 of the Act, which authorizes the Minister to direct a coroner to hold an inquest, is repealed. Section 23 of the Act, which authorizes the Minister to appoint a commissioner to hold an inquest, is repealed.
Subsection 33 (4) of the Act, which allows for an inquest to be held without a jury in a territorial district, is repealed.
Subsection 37 (1) of the Act currently requires a coroner's jury to view the body when directed by the coroner. This is amended to require the jury to view any place, not the body.
Subsection 50 (2) is expanded so that a coroner may limit cross-examination of a witness where the coroner is of the opinion that the questions being asked are irrelevant, unduly repetitious or abusive.
Amendments respecting administrative matters
Section 4 of the Act is amended to permit the Chief Coroner to delegate any of his or her powers to a Deputy Chief Coroner.
As indicated above, section 8 of the Act is replaced with a provision dealing with oversight. This eliminates the provision that authorized a provincial judge to act as a coroner in a territorial district in the absence of a coroner.
Section 9 of the Act requires the local police force to assist a coroner and allows the Chief Coroner to request that the criminal investigation branch of the Ontario Provincial Police provide assistance to a coroner if he or she considers it appropriate. This is re-enacted. Under new subsection 9 (2), the Chief Coroner may also request that another police force provide assistance to a coroner.
Subsection 15 (3) of the Act is amended to remove the Minister's power to give instructions to a coroner to issue a warrant to take possession of a body or interfere with a case after another coroner has issued a warrant.
A coroner's power in the English version of clause 16 (1) (a) of the Act is amended to state that he or she may "examine" a dead body, not merely "view" it.
Currently, the Act requires a coroner to issue a warrant to hold an inquest. The Bill dispenses with the requirement for a warrant; a coroner simply holds an inquest.
The Minister's powers in sections 24 and 27 of the Act are transferred to the Chief Coroner.
Section 39 of the Act is re-enacted to allow a summons to a juror or witness to be served 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.
Subsection 45 (2) of the Act is amended to remove the Minister's power to require evidence recorded at an inquest to be transcribed.
New section 50.1 authorizes the Chief Coroner to make rules of procedure for inquests. The authority to make rules of procedure for inquests by regulation is repealed.
Section 53 of the Act, which limits the personal liability of coroners and persons acting under a coroner's authority, is expanded to apply to anyone exercising a power or performing a duty under the Act.
The Minister is given power to make regulations requiring and governing the disclosure, collection and use of information about coroners, pathologists and other members of the College of Physicians and Surgeons of Ontario among the Chief Coroner, the Chief Forensic Pathologist, the Oversight Council and the College.
The requirement that forms under the Act be prescribed by regulation is repealed, except for the bench warrant issued under subsection 40 (3), and replaced by the authority that the Minister may require and approve forms for the purposes of the Act.
Housekeeping amendments
In clause 4 (1) (f), the redundant reference to "or by the regulations" is deleted, since it is captured by the phrase "under this or any other Act".