Coroners Amendment Act, 2009 Bartolucci, Hon. Rick Minister of Community Safety and Correctional Services — Bill 115 (39th Parliament, 1st Session)

Bill 115, 39-1

Ontario — Bills

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Bill 115, Coroners Amendment Act, 2009

Bartolucci, Hon. Rick Minister of Community Safety and Correctional Services

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[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) 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d) of the Act is repealed and the following substituted: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

(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.

Section 8 of the Act is repealed and the

following substituted:

Oversight Council

(1) There is

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

Document details

Collection	Ontario — Bills
Citation	Bill 115, 39-1
Type	bill
Volume / chapter	p39 s1 bill 115 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	f789a3f6cd511fe2ab168aae71ed8282822028f9

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