Coroners Act, R.S.O. 1990, c. C.37

Consolidation Period: From April 1, 2024 to the e-Laws currency date .

Last amendment: 2024, c. 2, Sched. 18, s. 7 .

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 and Surgeons of Canada in forensic pathology or has received equivalent certification in another jurisdiction; (“médecin légiste”)

“mine” means a mine as defined in the Occupational Health and Safety Act; (“mine”)

“mining plant” means a mining plant as defined in the Occupational Health and Safety Act; (“installation minière”)

“Minister” 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; (“ministre”)

“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”)

“research” 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; (“recherche”)

“spouse” means a person,

(a) to whom the deceased was married immediately before his or her death,

(b) with whom the deceased was living in a conjugal relationship outside marriage immediately before his or her death, if the deceased and the other person,

(i) had cohabited for at least one year,

(ii) were together the parents of a child, or

(iii) had together entered into a cohabitation agreement under section 53 of the Family Law Act; (“conjoint”)

“tissue” includes an organ or part of an organ. (“tissu”) R.S.O. 1990, c. C.37, s. 1; 1999, c. 6, s. 15 (1); 2005, c. 5, s. 15 (1, 2); 2009, c. 15, s. 1 (1); 2017, c. 34, Sched. 46, s. 9 (1); 2018, c. 3, Sched. 6, s. 1; 2019, c. 1, Sched. 6, s. 1; 2024, c. 2, Sched. 4, s. 7 (1, 2).

Interpretation of body

(2) A reference in this Act to the body of a person includes part of the body of a person. 2009, c. 15, s. 1 (2).

Section Amendments with date in force (d/m/y)

1999, c. 6, s. 15 (1) - 01/03/2000

2005, c. 5, s. 15 (1, 2) - 09/03/2005

2009, c. 15, s. 1 (1, 2) - 27/07/2009

2017, c. 34, Sched. 46, s. 9 (1) - 01/01/2018

2018, c. 3, Sched. 6, s. 1 (1) - 30/04/2018; 2018, c. 3, Sched. 6, s. 1 (2-5) - no effect - 2019, c. 1, Sched. 6, s. 12 - 26/03/2019

2019, c. 1, Sched. 6, s. 1 (1) - 01/04/2024; 2019, c. 1, Sched. 6, s. 1 (2) - 01/12/2020

2024, c. 2, Sched. 4, s. 7 (1, 2) - 01/04/2024

Repeal of common law functions

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).

Chief Coroner and duties

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;

(d) bring the findings and recommendations of coroners’ investigations and inquest juries to the attention of appropriate persons, agencies and ministries of government;

(e) prepare, publish and distribute a code of ethics for the guidance of coroners;

(f) perform such other duties as are assigned to him or her by or under this or any other Act or by the Lieutenant Governor in Council. 2018, c. 3, Sched. 6, s. 2.

Deputy Chief Coroners

(2) The Lieutenant Governor in Council may appoint one or more legally qualified medical practitioners to be Deputy Chief Coroners for Ontario, and a Deputy Chief Coroner shall act as and have all the powers and authority of the Chief Coroner if the Chief Coroner is absent or unable to act or if the Chief Coroner’s position is vacant. 2018, c. 3, Sched. 6, s. 2.

(3) The Chief Coroner may delegate in writing any of his or her powers and duties under this Act to a Deputy Chief Coroner, subject to any limitations, conditions and requirements set out in the delegation. 2018, c. 3, Sched. 6, s. 2.

(4) A person appointed as the Chief Coroner or as a Deputy Chief Coroner under section 4 of this Act, as it read before the day section 2 of Schedule 6 to the Safer Ontario Act, 2018 came into force, shall be deemed to have been appointed under this section. 2018, c. 3, Sched. 6, s. 2.

Section Amendments with date in force (d/m/y)

1998, c. 18, Sched. G, s. 47 - 1/02/1999

2005, c. 29, s. 2 - 12/12/2006

2018, c. 3, Sched. 6, s. 2 - 30/04/2018

4 (1) The Lieutenant Governor in Council may appoint a legally qualified medical practitioner as a regional coroner for such region of Ontario as is described in the appointment. 2018, c. 3, Sched. 6, s. 2.

(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.

(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

Appointment of coroners

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.

(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.

(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).

(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

Crown Attorney notified of appointment

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

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. 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

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;