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Canada — Quebec Act or statute

Canada — Quebec legislation

Coroners Act, 1983

This document says the Act used to have a different title, and that the title was amended in 2020.

Source excerpt

administrative costsagency powersappointmentsappropriationsautopsiesautopsy handlingbiomedical waste disposalbody identificationburialburial expensescertified copiesclinical governancecommittee compensationcompensationcompliancecoroner administrationcoroner authorizationcoroner inquestcoroner notificationcoroner procedurecoroner-related procedurescremationcustodial carecustody and safekeepingdeath certificationdeath investigation proceduresdeath notificationdeath reportingdeath-risk noticesdeathsdisclosure of informationdocument accessemergency response operationsemployment conditionsestate reimbursementeventevidence recordingexpendituresexpense reimbursementfeesforensic servicesfoster caregovernment agreementsgovernment fundinggovernment regulationhealth services administrationhealthcare facilitieshearing adjournmenthospital centre filingidentification of deceased personsincident reportinginformation disclosureinquest notificationinquest procedureintergovernmental agreementsinvestigationsjustice of the peace conditionslegislative updatemedia publicationmedical examinationsmedical servicesnotification dutiesphotographsprivacy/complianceprofessional conductprofessional confidentialityproofproperty administrationpublic administrationpublic financingpublic inquestspublic office appointmentspublic recruitmentpublic safetypublication banrecord accessrecordkeepingrecords accessrecords managementregulated chargesregulation commencementregulatory approvalregulatory commencementregulatory complianceregulatory publicationregulatory remunerationreimbursementremunerationreport accessreportingreportsresearch authorizationroad safetysalaryseized propertyseizure procedureselection proceduressimilar eventssocial benefitsspecimen collectionstatutory repealsummons servicetablingtarifftariffstestimonytraining requirementstransport of dead bodiesunclaimed propertyunclaimed property administrationwitness examinationwitness handlingwitness hearing in cameraworkplace safety
Jurisdiction
Canada — Quebec
Structure
247 provisions
Official identity
Year 1983
Dates
Enacted 1983 · Source version 10 Jun 2026
More statute details
Dates
Enacted 1983 · Source version 10 Jun 2026
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“This document says the Act used to have a different title, and that the title was amended in 2020.”

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This document says the Act used to have a different title, and that the title was amended in 2020.

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Section 52

The coroner may take necessary measures to identify a dead body.

Section 52

Section 162

Sections 94 to 102 apply, with necessary modifications, to the report of inquest and accompanying documents.

Section 162

Schedule

This schedule repeals specified parts of chapter 41 of the statutes of 1983, with some sections excepted, when the relevant consolidations or updates to chapter R-0.2 come into force.

Schedule

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1983 · Source version 10 Jun 2026

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Showing 247 of 247 provisions

Provision 210Amendment 19Repeal 13Offence 5
§ —DocumentAmendment

Source excerpt

This document says the Act used to have a different title, and that the title was amended in 2020.

This Act was formerly entitled “Act respecting the determination of the causes and circumstances of death”. The title was amended by section 1 of chapter 20 of the statutes of 2020. 1983, c. 41; 2020, c. 20, s. 1.
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§ 1Section 1Provision

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The coroner has jurisdiction over deaths in Québec and over certain burial, cremation, or other disposal of bodies in Québec when the person died outside Québec.

1. The coroner is a public officer having jurisdiction in respect of any death that has occurred in Québec. The coroner also has jurisdiction in respect of any burial, cremation or other mode of disposal in Québec of the body of a person who has died outside Québec. 1983, c. 41, s. 1.
Section 1Verify source
§ 2Section 2Provision

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The coroner must determine the deceased person’s identity, date and place of death, probable causes of death, and the circumstances of death, using an investigation or inquest.

2. The coroner’s function is to determine by means of an investigation or, as the case may be, an inquest, (1) the identity of the deceased person; (2) the date and place of death; (3) the probable causes of death, that is, the disease, pathological condition, trauma or intoxications having caused, led to or contributed to the death; (4) the circumstances of death. 1983, c. 41, s. 2.
Section 2Verify source
§ 3Section 3Provision

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If pertinent, the coroner may make recommendations at an investigation or inquest to better protect human life.

3. If pertinent, the coroner may also, at an investigation or an inquest, make any recommendation directed towards better protection of human life. 1983, c. 41, s. 3.
Section 3Verify source
§ 4Section 4Provision

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A coroner conducting an investigation or an inquest must not make a finding that a person is civilly liable or criminally responsible.

4. In no case may a coroner conducting an investigation or an inquest make any finding of civil liability or criminal responsibility of a person. 1983, c. 41, s. 4.
Section 4Verify source
§ 5Section 5Provision

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The Government must appoint full-time and part-time coroners on the recommendation of the Minister of Public Security.

5. The Government shall, on the recommendation of the Minister of Public Security, appoint full-time coroners and part-time coroners from among persons declared qualified for appointment to those offices according to the recruiting and selection procedure established by government regulation. 1983, c. 41, s. 5; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2020, c. 20, s. 2.
Section 5Verify source
§ 5.1Section 5.1Provision

Source excerpt

Full-time coroners are appointed for a five-year term, but the Government may set a shorter fixed term in the appointment instrument if the candidate requests it for serious reasons or if special circumstances require it.

5.1. Full-time coroners are appointed for a term of five years. However, the Government may determine a shorter term of a fixed duration in a coroner’s instrument of appointment if the candidate so requests for serious reasons or if special circumstances stated in the instrument of appointment require it. 2020, c. 20, s. 2.
Section 5.1Verify source
§ 5.2Section 5.2Provision

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A full-time coroner’s term is renewed for five years, unless notice of non-renewal is given at least three months before expiry or the coroner asks for otherwise in time.

5.2. The term of office of a full-time coroner is renewed for five years, according to the renewal procedure established by government regulation, unless (1) the coroner is notified otherwise, at least three months before the expiry of his term, by the agent authorized for that purpose by the Government; or (2) the coroner requests otherwise and so notifies the Minister of Public Security at least three months before the expiry of the coroner’s term. However, the Government may determine a shorter term of a fixed duration in the coroner’s instrument of renewal if the coroner so requests for serious reasons or if special circumstances stated in the instrument of appointment require it. 2020, c. 20, s. 2.
Section 5.2Verify source
§ 5.3Section 5.3Provision

Source excerpt

Part-time coroners are appointed for a fixed term of up to five years.

5.3. Part-time coroners are appointed for a fixed term of up to five years which is renewed according to the renewal procedure established by government regulation. 2020, c. 20, s. 2.
Section 5.3Verify source
§ 6Section 6Repeal

Source excerpt

Section 6 is repealed.

6. (Repealed). 1983, c. 41, s. 6; 2020, c. 20, s. 3.
Section 6Verify source
§ 7Section 7Provision

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In special cases, the Minister of Public Security may appoint a person as a part-time coroner to conduct an investigation, and if needed an inquest, into a death from a particular event or from a series of similar events.

7. The Minister of Public Security may, in special cases, appoint a person to be part-time coroner for the conduct of an investigation and, if need be, an inquest into a death that has occurred in a particular event or into deaths that have occurred in a series of similar events. 1983, c. 41, s. 7; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2020, c. 20, s. 4.
Section 7Verify source
§ 8Section 8Provision

Source excerpt

The Government appoints the Chief Coroner on the Minister Public Security’s recommendation, and may appoint up to two Deputy Chief Coroners on the Minister’s recommendation after consulting the Chief Coroner.

8. The Government shall, on the recommendation of the Minister Public Security, appoint the Chief Coroner from among persons declared qualified for appointment to that office according to the recruiting and selection procedure established by government regulation. The Government may also, on the recommendation of the Minister and after consultation with the Chief Coroner, appoint up to two Deputy Chief Coroners from among persons declared qualified for appointment to that office according to the recruiting and selection procedure established by government regulation. The Minister shall designate one Deputy Chief Coroner to replace the Chief Coroner when the latter is absent or unable to act or when the office of Chief Coroner is vacant. 1983, c. 41, s. 8; 1999, c. 40, s. 241; 2020, c. 20, s. 5.
Section 8Verify source
§ 9Section 9Provision

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The Chief Coroner and Deputy Chief Coroners are appointed for seven years and their appointments cannot be renewed.

9. The Chief Coroner and the Deputy Chief Coroners are appointed for a term of seven years, which may not be renewed. The Chief Coroner and Deputy Chief Coroners remain in office after the expiry of their terms as such until they are replaced. 1983, c. 41, s. 9; 2020, c. 20, s. 6.
Section 9Verify source
§ 10Section 10Provision

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The Chief Coroner’s office must be located at the place designated by the Government.

10. The Chief Coroner’s office is located at the place designated by the Government. 1983, c. 41, s. 10.
Section 10Verify source
§ 11Section 11Provision

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Before taking office, coroners must take the oath set out in Schedule I before one of the listed office-holders or authorized oath administrators.

11. Before taking office, coroners shall make the oath set forth in Schedule I before the Chief Coroner, a Deputy Chief Coroner, a judge of the Court of Québec or before any person authorized to administer oaths under the first paragraph of section 219 of the Courts of Justice Act (chapter T-16). 1983, c. 41, s. 11; 1988, c. 21, s. 66; 1999, c. 40, s. 241.
Section 11Verify source
§ 12Section 12Provision

Source excerpt

Before taking office, the Chief Coroner and Deputy Chief Coroners must take the oath in Schedule II before a specified judge of the Court of Québec.

12. Before taking office, the Chief Coroner and the Deputy Chief Coroners shall make the oath set forth in Schedule II before the chief judge, the senior associate chief judge or the associate chief judge of the Court of Québec. 1983, c. 41, s. 12; 1988, c. 21, s. 66; 1999, c. 40, s. 241.
Section 12Verify source
§ 13Section 13Provision

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The Chief Coroner and Deputy Chief Coroners must perform their duties full-time.

13. The Chief Coroner and the Deputy Chief Coroners shall perform their duties on a full-time basis. 1983, c. 41, s. 13; 2020, c. 20, s. 7.
Section 13Verify source
§ 13.1Section 13.1Provision

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The Minister of Public Security may temporarily relieve the Chief Coroner, a Deputy Chief Coroner, or a coroner of office duties, with salary, in a presumed case of serious fault and when urgent intervention is needed.

13.1. The Minister of Public Security may, in a presumed case of serious fault, provisionally relieve the Chief Coroner, a Deputy Chief Coroner or a coroner of the duties of office, with salary, when the urgency of the situation requires prompt intervention. 2020, c. 20, s. 7.
Section 13.1Verify source
§ 14Section 14Provision

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The Chief Coroner may reprimand a coroner for cause, and the Government may suspend a coroner without salary or remove a coroner on specified report and inquiry conditions.

14. The Chief Coroner may reprimand a coroner, for cause. The Government may suspend a coroner, without salary, or remove him on a report of the chief judge of the Court of Québec, or of a judge of that Court designated by the chief judge, made following an inquiry requested by the Minister of Public Security. 1983, c. 41, s. 14; 1986, c. 86, s. 38; 1988, c. 21, s. 66; 1988, c. 46, s. 24; 1997, c. 82, s. 1; 2020, c. 20, s. 8.
Section 14Verify source
§ 15Section 15Provision

Source excerpt

The Government may remove, suspend without salary, or reprimand the Chief Coroner or a Deputy Chief Coroner if it has a report from the chief judge of the Court of Québec, or a judge designated by that chief judge, following an inquiry requested by the Minister of Public Security.

15. The Government may remove or suspend, without salary, or reprimand the Chief Coroner or a Deputy Chief Coroner on a report of the chief judge of the Court of Québec, or of a judge of that Court designated by the chief judge, made following an inquiry requested by the Minister of Public Security. 1983, c. 41, s. 15; 1986, c. 86, s. 38; 1988, c. 21, s. 66; 1988, c. 46, s. 24; 1997, c. 82, s. 2; 2020, c. 20, s. 9.
Section 15Verify source
§ 16Section 16Provision

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No action may be brought against specified coroners’ officials or authorized persons for acts done in good faith while performing their duties.

16. No action may be instituted against the Chief Coroner, a Deputy Chief Coroner, a coroner or a person exercising any power conferred by this Act for any act performed in good faith in the discharge of his duties. 1983, c. 41, s. 16.
Section 16Verify source
§ 17Section 17Provision

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Except for jurisdictional matters, judicial review applications and injunctions may not be brought against certain coroners or people acting under a coroner’s authority.

17. Except on a matter of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) may be exercised nor any injunction granted against the Chief Coroner, a Deputy Chief Coroner or a coroner acting in his official capacity or against any person acting under the authority of a coroner. 1983, c. 41, s. 17; I.N. 2016-01-01 (NCCP).
Section 17Verify source
§ 18Section 18Provision

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The Chief Coroner, a Deputy Chief Coroner, or a coroner must not have a direct or indirect interest that conflicts with office duties.

18. In no case may the Chief Coroner, a Deputy Chief Coroner or a coroner, under pain of forfeiture of office, have any direct or indirect interest in an undertaking causing his personal interest to conflict with his duties of office. However, forfeiture is not incurred if the interest devolves to him by succession or gift if he renounces or disposes of it with dispatch. 1983, c. 41, s. 18.
Section 18Verify source
§ 19Section 19Provision

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The Government fixes the salary, social benefits, and other employment conditions of the Chief Coroner, Deputy Chief Coroners, and full-time coroners.

19. The salary, social benefits and other conditions of employment of the Chief Coroner, Deputy Chief Coroners and full-time coroners are fixed by the Government. 1983, c. 41, s. 19; 2020, c. 20, s. 44.
Section 19Verify source
§ 20Section 20Provision

Source excerpt

20. The pension plan of the Chief Coroner, Deputy Chief Coroners and full-time coroners is that provided in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). 1983, c. 41, s. 20; 2020, c. 20, s. 44.

20. The pension plan of the Chief Coroner, Deputy Chief Coroners and full-time coroners is that provided in the Act respecting the Government and Public Employees Retirement Plan (chapter R-10). 1983, c. 41, s. 20; 2020, c. 20, s. 44.
Section 20Verify source
§ 21Section 21Provision

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When a Chief Coroner or Deputy Chief Coroner leaves office, they are appointed as a full-time coroner and keep their former salary until the full-time coroner salary catches up.

21. On ceasing to hold office, the Chief Coroner or a Deputy Chief Coroner is appointed as a full-time coroner and continues to receive the salary he received as Chief Coroner or Deputy Chief Coroner. However, his salary is not increased until the salary of a full-time coroner has caught up with it. 1983, c. 41, s. 21; 2020, c. 20, s. 10.
Section 21Verify source
§ 22Section 22Provision

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Part-time coroners are paid according to a tariff set by Government regulation.

22. Part-time coroners are remunerated according to the tariff adopted by regulation of the Government. 1983, c. 41, s. 22.
Section 22Verify source
§ 23Section 23Provision

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The Chief Coroner must coordinate, distribute, and supervise coroners’ work, and coroners must comply with the Chief Coroner’s orders and directives in that respect.

23. The Chief Coroner shall coordinate, distribute and supervise the work of the coroners who shall, in that respect, comply with his orders and directives. The Chief Coroner may also, in particular after having certified a series of deaths that have occurred in similar circumstances, observed a new morbidity phenomenon, or identified within the population a situation involving avoidable mortality risks, issue a notice to better inform the authorities concerned and the population of the risk of death and of the measures that could be implemented to reduce it. 1983, c. 41, s. 23; 2020, c. 20, s. 11.
Section 23Verify source
§ 23.1Section 23.1Provision

Source excerpt

The Chief Coroner may allow a coroner to finish an assigned investigation or inquest for a period the Chief Coroner تعیینs, even if the coroner has resigned or their term has expired.

23.1. The Chief Coroner may, for the period he determines, allow a coroner to complete an investigation or inquest already assigned to the coroner although the latter has resigned or his term has expired. 2020, c. 20, s. 12.
Section 23.1Verify source
§ 24Section 24Provision

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The Chief Coroner has personnel-related powers like a chief executive officer, and the personnel needed to apply the Act must be appointed under the Public Service Act.

24. The Chief Coroner has, in respect of his personnel, the powers of a chief executive officer of an agency within the meaning of the Public Service Act (chapter F-3.1.1). The personnel required for the application of this Act is appointed in accordance with the Public Service Act. 1983, c. 41, s. 24; 1983, c. 55, s. 161; 2000, c. 8, s. 242.
Section 24Verify source
§ 25Section 25Provision

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The Chief Coroner must ensure that coroners serve the whole territory of Québec.

25. The Chief Coroner shall see to it that the coroners serve the whole territory of Québec. 1983, c. 41, s. 25.
Section 25Verify source
§ 26Section 26Provision

Source excerpt

The Deputy Chief Coroners must assist the Chief Coroner in carrying out the Chief Coroner’s duties.

26. The Deputy Chief Coroners shall assist the Chief Coroner in the performance of his duties. 1983, c. 41, s. 26.
Section 26Verify source
§ 27Section 27Provision

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The Deputy Chief Coroners must exercise the Chief Coroner’s powers to the extent they determine.

27. The Deputy Chief Coroners shall exercise the powers of the Chief Coroner to the extent he determines. 1983, c. 41, s. 27.
Section 27Verify source
§ 28Section 28Provision

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The Chief Coroner must adopt a code of ethics for coroners by regulation and ensure it is applied.

28. The Chief Coroner, by regulation, shall adopt a code of ethics for coroners and see to its application. The code imposes, in particular, general and special duties toward the public, other coroners, persons involved in the circumstances of a death and persons called to participate in an investigation or inquest. 1983, c. 41, s. 28.
Section 28Verify source
§ 29Section 29Provision

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The Chief Coroner must send the Minister of Public Security an annual report by 31 March each year, and the Minister must table it in the National Assembly within 30 days, with timing adjusted if the Assembly is not sitting.

29. Not later than 31 March each year, the Chief Coroner shall transmit to the Minister of Public Security an annual report of the activities of the coroners during the preceding calendar year. The report may include the recommendations or a summary of the recommendations made following an investigation or an inquest. The Minister of Public Security shall table the report in the National Assembly within 30 days of receiving it if the Assembly is in session or, if it is not sitting, within 30 days after the opening of the next session or after resumption. 1983, c. 41, s. 29; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 29Verify source
§ 30Section 30Provision

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The Chief Coroner has custody of the coroners’ records.

30. The Chief Coroner has custody of the records of the coroners. The records of the coroners comprise the originals of reports of investigation or inquest and the accompanying documents that the coroners are required to transmit to the Chief Coroner. 1983, c. 41, s. 30.
Section 30Verify source
§ 31Section 31Provision

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The Chief Coroner may authorize examination of non-public coroner records for study, instruction, or scientific research, subject to conditions he sets.

31. The Chief Coroner may, on the conditions he determines, authorize a person to examine documents that are not public and are part of the records of the coroners but only for purposes of study, instruction or scientific research. However, in no case may the Chief Coroner allow the report of a peace officer to be examined unless it has been filed as evidence at an inquest or unless the Minister of Public Security or the person he designates for that purpose has granted express authorization. 1983, c. 41, s. 31; 1986, c. 86, s. 41; 1988, c. 46, s. 24.
Section 31Verify source
§ 32Section 32Provision

Source excerpt

The Chief Coroner may prescribe forms, designate morgues, devise and implement an instruction program for coroners, and make directives for administering the Act.

32. The Chief Coroner may (1) prescribe any form required for the administration of this Act; (2) designate the morgues necessary for the administration of this Act; (3) devise and implement an instruction program for coroners; (4) make directives necessary for the administration of this Act. 1983, c. 41, s. 32; 2020, c. 20, s. 13.
Section 32Verify source
§ 33Section 33Provision

Source excerpt

The Chief Coroner may enter into agreements for administering the Act. Some agreements with certain health institutions only take effect after filing and a waiting period, unless disallowed by Santé Québec or the Minister of Health and Social Services; one category takes effect on filing with the regional health and social service council.

33. The Chief Coroner may, according to law, enter into agreements with a person, a public agency or a department of the Government or of another government for the purposes of the administration of this Act. Any agreement entered into with a private institution or an institution referred to in Schedule II to the Act respecting the governance of the health and social services system (chapter G-1.021) that operates a hospital centre within the meaning of that Act has effect only from the thirtieth day following its filing with Santé Québec unless Santé Québec has disallowed the agreement. Any agreement entered into with an institution operating a hospital centre within the meaning of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) has effect only from the thirtieth day following its filing with the Minister of Health and Social Services unless that minister has disallowed the agreement. Any agreement entered into with a hospital centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S‐5) has effect only from the date it is filed with the regional health and social service council where the hospital centre is located. 1983, c. 41, s. 33; 1992, c. 21, s. 280; 1994, c. 23, s. 23; 1998, c. 39, s. 186; 2005, c. 32, s. 308; 2020, c. 20, s. 14; 2023, c. 34, s. 982.
Section 33Verify source
§ 34Section 34Provision

Source excerpt

Physicians and specialized nurse practitioners must immediately notify a coroner or peace officer in certain death cases.

34. A physician and a specialized nurse practitioner who certify a death for which they are unable to establish the probable causes or which appears to them to have occurred as a result of negligence or in obscure or violent circumstances shall immediately notify a coroner or a peace officer. They shall do likewise where they are unable to establish the probable causes of a death certified by a nurse other than a specialized nurse practitioner or where such a death appears to them to have occurred as a result of negligence or in obscure or violent circumstances. 1983, c. 41, s. 34; 2011, c. 27, s. 35; 2023, c. 15, s. 49.
Section 34Verify source
§ 34.1Section 34.1Provision

Source excerpt

If a person certifies the death of a woman who was pregnant or died within 42 days after delivery, that person must immediately notify a coroner or peace officer.

34.1. Every person who certifies the death of a woman that occurred while she was pregnant or within 42 days after delivery shall immediately notify a coroner or peace officer. 2020, c. 20, s. 15.
Section 34.1Verify source
§ 35Section 35Provision

Source excerpt

In a hospital-centre facility, certain directors or their delegates may arrange for a physician or specialized nurse practitioner to establish the probable causes of death. If there are no such directors, the institution’s most senior officer must do so. For deaths covered by section 36, coroner authorization is required first.

35. Where a death occurs in a facility maintained by an institution operating a hospital centre, the medical and professional services director or the director of professional services, as the case may be, or the director of nursing care or a person under their respective authority may take measures to have the probable causes of death established by a physician or a specialized nurse practitioner, as the case may be. If there are no such directors, that duty is incumbent on the institution’s most senior officer. However, in the case of a death contemplated in section 36, one of the persons referred to in the first paragraph shall obtain the coroner’s authorization before taking measures to have the probable causes of death established. 1983, c. 41, s. 35; 1992, c. 21, s. 281; 2023, c. 15, s. 50; 2023, c. 34, s. 983.
Section 35Verify source
§ 36Section 36Provision

Source excerpt

A person who knows of a death must immediately notify a coroner or peace officer when the death appears negligent, obscure, or violent, or when the deceased’s identity is unknown, unless the person reasonably believes an appropriate authority has already been informed.

36. Unless he has reasonable cause to believe that a coroner, a physician, a specialized nurse practitioner or a peace officer has already been informed, every person having knowledge of a death must immediately notify a coroner or a peace officer where it appears that the death has occurred as a result of negligence or in obscure or violent circumstances or where the identity of the deceased person is unknown to him. 1983, c. 41, s. 36; 2011, c. 27, s. 36; 2023, c. 15, s. 51.
Section 36Verify source
§ 37Section 37Provision

Source excerpt

If a death occurs in certain listed facilities, the director, most senior officer, or, if absent, the person in authority must immediately notify a coroner or peace officer.

37. The director or most senior officer, as the case may be, or, in their absence, the person in authority, in a place contemplated in this section shall immediately notify a coroner or peace officer where a death occurs (1) in a reception centre classified as a rehabilitation centre within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) and the regulations made thereunder; (1.1) in a facility maintained by an institution within the meaning of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) which operates a rehabilitation centre; (1.2) in a facility maintained by an institution within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021) that operates a rehabilitation centre; (2) in an adapted enterprise within the meaning of the Individual and Family Assistance Act (chapter A-13.1.1); (3) in a facility maintained by a health and social services institution, where the person in whose respect death occurred was under confinement. 1983, c. 41, s. 37; 1991, c. 44, s. 1; 1992, c. 21, s. 282, s. 375; 1994, c. 23, s. 23; 1997, c. 75, s. 48; 2004, c. 31, s. 71, s. 72; 2020, c. 20, s. 16; 2023, c. 34, s. 984.
Section 37Verify source
§ 38Section 38Provision

Source excerpt

If a death occurs in a covered establishment, the director or, if absent, the person in authority must immediately notify a coroner.

38. The director of, or, in his absence, the person in authority in an establishment contemplated in this section shall immediately notify a coroner where a death occurs (1) in a correctional facility within the meaning of the Act respecting the Québec correctional system (chapter S-40.1); (2) in a penitentiary within the meaning of the Corrections and Conditional Release Act (S.C. 1992, c. 20); (3) in an intensive supervision unit within the meaning of the Youth Protection Act (chapter P-34.1); (4) in a police station. 1983, c. 41, s. 38; 1991, c. 43, s. 22; 2002, c. 24, s. 204; 2002, c. 24, s. 209; 2020, c. 20, s. 17.
Section 38Verify source
§ 39Section 39Provision

Source excerpt

If a child dies while in the custody of an educational childcare provider, the provider or the person in charge must immediately notify a coroner or a peace officer.

39. Where a child dies while in the custody of an educational childcare provider, whether a childcare centre, a day care centre within the meaning of the Educational Childcare Act (chapter S-4.1.1) or a person recognized as a home educational childcare provider under that Act, the educational childcare provider or the person in authority in the place where the child is in custody shall immediately notify a coroner or a peace officer. The same applies for the person referred to in section 6.1 of that Act. 1983, c. 41, s. 39; 1997, c. 58, s. 144; 2006, c. 25, s. 15; 2020, c. 20, s. 18; I.N. 2025-06-05.
Section 39Verify source
§ 40Section 40Provision

Source excerpt

If a person dies while in the care of a foster family or family-type resource, the person in authority in the family must immediately notify a coroner or a peace officer.

40. Where a person dies while in the care of a foster family within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) or by a family-type resource within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021) or the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2), the person in authority in the family shall immediately notify a coroner or a peace officer. 1983, c. 41, s. 40; 1992, c. 21, s. 283; 1994, c. 23, s. 23; 2023, c. 34, s. 985.
Section 40Verify source
§ 41Section 41Repeal

Source excerpt

Section 41 is repealed.

41. (Repealed). 1983, c. 41, s. 41; 1985, c. 29, s. 38.
Section 41Verify source
§ 42Section 42Provision

Source excerpt

If a death occurs during an event covered by the Act respecting civil protection to promote disaster resilience, the person in charge of response operations must immediately inform a coroner.

42. Where a death occurs during an event to which the Act respecting civil protection to promote disaster resilience (chapter S-2.4) applies, the person in charge of response operations shall immediately inform a coroner. 1983, c. 41, s. 42; 2001, c. 76, s. 149; 2024, c. 18, s. 66.
Section 42Verify source
§ 43Section 43Provision

Source excerpt

A person transporting a body into Québec must first notify the coroner in certain suspicious or unexplained death cases; a person transporting a body out of Québec must first notify the coroner of where the body was found.

43. The person who is required to transport into Québec the body of a person who died outside Québec shall first notify the coroner of the place where the body is to be buried or cremated if the death occurred as a result of negligence or in obscure or violent circumstances, the identity of the deceased person is unknown or the probable causes of death could not be established. Every person who is required to transport out of Québec the body of a person who died in Québec shall first notify the coroner of the place where the body was found. 1983, c. 41, s. 43; 1991, c. 44, s. 2; 2011, c. 27, s. 37.
Section 43Verify source
§ 44Section 44Provision

Source excerpt

A coroner or peace officer notified under sections 34 to 42 must immediately notify the coroner with jurisdiction where the dead body was found or is presumed to be.

44. Every coroner or peace officer who is notified or informed in accordance with sections 34 to 42 shall immediately notify the coroner having jurisdiction in the place where the dead body was found or the place where the dead body is presumed to be. 1983, c. 41, s. 44.
Section 44Verify source
§ 44.1Section 44.1Repeal

Source excerpt

Section 44.1 is repealed.

44.1. (Repealed). 1985, c. 29, s. 39; 1991, c. 44, s. 3.
Section 44.1Verify source
§ 45Section 45Provision

Source excerpt

An investigation must be held whenever notice is given to the coroner under Chapter II, unless a summary examination makes the section 2 elements clear and the death does not appear negligent, obscure, or violent.

45. An investigation must take place every time notice is given to the coroner under Chapter II, unless a summary examination of the facts makes it possible to establish the elements mentioned in section 2 and the death does not appear to have occurred as a result of negligence or in obscure or violent circumstances. The coroner shall transmit the findings of the summary examination in writing to the Chief Coroner. The Chief Coroner shall communicate the findings of the summary examination referred to in the first paragraph in writing to any person who so requests. The Minister of Public Security or the Chief Coroner may also require an investigation. 1983, c. 41, s. 45; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2020, c. 20, s. 19.
Section 45Verify source
§ 46Section 46Provision

Source excerpt

The coroner with jurisdiction must conduct the investigation; in a section 43 scenario, the coroner where the body will be buried or cremated must conduct it. The Chief Coroner may designate another coroner in specified cases.

46. The coroner having jurisdiction in the place where the dead body has been found or is presumed to be shall conduct the investigation. In the case of the first paragraph of section 43, the coroner having jurisdiction in the place where the body is to be buried or cremated shall conduct the investigation. However, the Chief Coroner may designate another coroner to conduct or complete the investigation (1) at the request of the coroner responsible for the investigation; (2) if the coroner responsible for the investigation is unable to conduct or complete the investigation; (3) if the complexity of the causes or the circumstances of death so require; or (4) if, in his opinion, a report of investigation has not been completed within a reasonable time. 1983, c. 41, s. 46; 2020, c. 20, s. 20.
Section 46Verify source
§ 46.1Section 46.1Provision

Source excerpt

If a coroner’s investigation lasts more than 30 days, the coroner must tell the deceased person’s family or a person with a special interest how the case is progressing, and then give written progress updates every 60 days until the report is sent to the Chief Coroner.

46.1. Where the investigation continues for more than 30 days from the date on which the coroner is notified of the death or becomes responsible for the investigation, the coroner shall inform, verbally or in writing and on request, a member of the deceased person’s family or a person having a special interest in the deceased person of the progress of the case he is handling. The coroner shall subsequently notify that person of such progress, every 60 days and in writing, until the report has been transmitted to the Chief Coroner. 2020, c. 20, s. 21.
Section 46.1Verify source
§ 47Section 47Provision

Source excerpt

The coroner may require a peace officer to conduct an investigation or further investigation.

47. The coroner may require a peace officer to conduct an investigation or further investigation. 1983, c. 41, s. 47.
Section 47Verify source
§ 48Section 48Provision

Source excerpt

A peace officer investigating a case notified to a coroner must, with due diligence, send the coroner a copy of the officer’s report.

48. Every peace officer investigating a case notified to a coroner shall, with due diligence, transmit to him a copy of his report. 1983, c. 41, s. 48.
Section 48Verify source
§ 48.1Section 48.1Provision

Source excerpt

If the coroner believes it is necessary to examine a deceased person’s record, the coroner may order the holder to deliver it or make it available within a time set by the coroner.

48.1. If the coroner believes that it is necessary in the performance of his duties to examine a deceased person’s record held by Santé Québec, by a private institution governed by the Act respecting the governance of the health and social services system (chapter G-1.021), or by an institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) or a deceased person’s record held by a health professional governed by the Professional Code (chapter C-26), he may order the holder of the record to deliver the record to him or make it available to him, within the time he fixes. The coroner shall specify in his order, in accordance with the directives of the Chief Coroner, the time within which and the procedure according to which the record is to be delivered or made available to him. The coroner shall ensure the safekeeping of every record delivered or made available to him and return it to its holder as soon as it is no longer required for the purposes of this Act. 1990, c. 48, s. 1; 1992, c. 21, s. 284, s. 375; 1994, c. 23, s. 23; 2023, c. 34, s. 986.
Section 48.1Verify source
§ 49Section 49Provision

Source excerpt

A coroner may, in writing, authorize a peace officer to enter a place and search for and seize an object or document, if the coroner has reasonable and probable cause to believe it is there and useful for the coroner’s duties.

49. Every coroner having reasonable and probable cause to believe that an object or a document useful for the performance of his duties is to be found in a place may, in writing, authorize a peace officer to enter that place to search for and seize the object or document. 1983, c. 41, s. 49.
Section 49Verify source
§ 49.1Section 49.1Provision

Source excerpt

A coroner with reasonable and probable grounds to believe a dead body is in a place may enter it to take possession of the body, inspect the place, and examine or seize useful objects or documents.

49.1. Every coroner having reasonable and probable grounds for believing that a dead body is to be found in a place may enter that place to take possession of it and, at the same time, inspect the place and examine or seize any object or document useful for the performance of his duties. 1986, c. 95, s. 280.
Section 49.1Verify source
§ 50Section 50Provision

Source excerpt

A coroner may enter a place, and examine or seize relevant objects or documents there, if the coroner has reasonable and probable cause to believe an inspection would help perform the coroner’s duties.

50. Every coroner having reasonable and probable cause to believe that the inspection of a place will be useful for the performance of his duties may, for those purposes, enter that place and, at the same time, examine or seize any relevant object or document found there. 1983, c. 41, s. 50; 1986, c. 95, s. 281.
Section 50Verify source
§ 51Section 51Provision

Source excerpt

The coroner may prohibit access to a place.

51. The coroner may prohibit access to a place to facilitate the gathering or preservation of items of evidence or to ensure the protection of the persons involved or their property. 1983, c. 41, s. 51.
Section 51Verify source
§ 52Section 52Provision

Source excerpt

The coroner may take necessary measures to identify a dead body.

52. The coroner may take the measures necessary for the identification of a dead body. 1983, c. 41, s. 52.
Section 52Verify source
§ 53Section 53Provision

Source excerpt

The coroner may photograph a dead body, an inspected place, or an examined or seized object, and may photocopy examined or seized documents.

53. The coroner may photograph a dead body, a place inspected or an object examined or seized, or cause them to be photographed. The coroner may also photocopy any document examined or seized or cause it to be photocopied. 1983, c. 41, s. 53.
Section 53Verify source
§ 54Section 54Provision

Source excerpt

If access to a place is prohibited, the coroner must lift the prohibition once it is no longer needed for administering the Act.

54. Where access to a place is prohibited, the coroner shall lift the prohibition as soon as it is no longer required for the administration of this Act. 1983, c. 41, s. 54.
Section 54Verify source
§ 55Section 55Provision

Source excerpt

A coroner who enters a place must identify himself and state his office if required.

55. Every coroner who enters a place shall, if so required, identify himself and state his office. 1983, c. 41, s. 55.
Section 55Verify source
§ 56Section 56Provision

Source excerpt

A coroner who enters a place to inspect it must do so at a reasonable hour, unless doing so at another time is necessary to gather or preserve evidence or protect people or property.

56. Subject to the conditions that may be specified by a justice of the peace in accordance with section 72, every coroner who enters a place to inspect it shall do so at a reasonable hour unless it is necessary to do so at another time to gather or preserve items of evidence or to ensure the protection of the persons involved or their property. 1983, c. 41, s. 56; 1986, c. 95, s. 282.
Section 56Verify source
§ 57Section 57Provision

Source excerpt

If the coroner takes possession of a dead body, the coroner must also seize the objects found on the body.

57. Where the coroner takes possession of a dead body, he shall also seize the objects found on the body. 1983, c. 41, s. 57.
Section 57Verify source
§ 58Section 58Provision

Source excerpt

If the coroner seizes an object or document under the Act, he must draw up minutes of the seizure.

58. Where the coroner seizes an object or a document under this Act, he shall draw up minutes of the seizure. 1983, c. 41, s. 58.
Section 58Verify source
§ 59Section 59Provision

Source excerpt

59. The minutes of seizure indicate, in particular, (1) the date and place of the seizure; (2) the circumstances of and reasons for the seizure; (3) a description of the seized object or document; (4) the name of the person from whom the

59. The minutes of seizure indicate, in particular, (1) the date and place of the seizure; (2) the circumstances of and reasons for the seizure; (3) a description of the seized object or document; (4) the name of the person from whom the document or object was seized; (5) any information to permit the identification of the owner of or the person having a right to the seized object or document; (6) the identity and office of the person who made the seizure; (7) the date of the authorization granted by a justice of the peace, where that is the case. 1983, c. 41, s. 59; 1986, c. 95, s. 283.
Section 59Verify source
§ 60Section 60Provision

Source excerpt

Where possible, a copy of the minutes of seizure must be remitted to the owner of the seized object or document, or to the person entitled to it.

60. Where possible, a copy of the minutes of seizure is remitted to the owner of the seized object or document or to the person having a right to it. 1983, c. 41, s. 60.
Section 60Verify source
§ 61Section 61Provision

Source excerpt

The coroner must ensure the safekeeping of any seized object or document.

61. The coroner shall ensure the safekeeping of any seized object or document. 1983, c. 41, s. 61.
Section 61Verify source
§ 62Section 62Provision

Source excerpt

The coroner must return a seized object or document to a claimant who proves a right to it, unless it is needed for administering the Act or for the administration of justice.

62. The coroner shall return any seized object or document to the person who claims it and establishes to his satisfaction that he has a right to it, unless the object or document is required for the administration of this Act or for the administration of justice. 1983, c. 41, s. 62.
Section 62Verify source
§ 63Section 63Provision

Source excerpt

The coroner may notify the owner or entitled person about when and where a seized document or object can be claimed; if it is unclaimed for 60 days after the notice, it must be entrusted to the Minister of Revenue.

63. The coroner may give to the owner of a seized document or object, or to the person having a right to it, a notice informing him of the time and place at which he may claim it. Any seized object or document unclaimed within 60 days of the notice shall be entrusted to the Minister of Revenue, who shall administer it in accordance with the Unclaimed Property Act (chapter B-5.1). 1983, c. 41, s. 63; 1989, c. 54, s. 199; 2005, c. 44, s. 54; 2011, c. 10, s. 94.
Section 63Verify source
§ 64Section 64Provision

Source excerpt

Unclaimed seized objects or documents must be entrusted to the Minister of Revenue, who must administer them under the Unclaimed Property Act, unless they are needed for this Act or for justice.

64. Any seized object or document unclaimed within 60 days after the report provided for in section 92 shall be entrusted to the Minister of Revenue, who shall administer it in accordance with the Unclaimed Property Act (chapter B-5.1), unless the object or document is required for the administration of this Act or for the administration of justice. 1983, c. 41, s. 64; 1989, c. 54, s. 199; 2005, c. 44, s. 54; 2011, c. 10, s. 95.
Section 64Verify source
§ 65Section 65Provision

Source excerpt

The coroner may authorize certain lab personnel or a peace officer, in writing, to exercise powers under sections 49.1 to 53.

65. The coroner may authorize in writing a person employed at the Laboratoire de sciences judiciaires et de médecine légale or a peace officer to exercise the powers conferred on him by sections 49.1 to 53 of this Act. The authorization may be addressed to any peace officer generally, and in respect of persons employed at the laboratory referred to in the first paragraph, to any person previously designated by the Chief Coroner. 1983, c. 41, s. 65; 1986, c. 95, s. 284; 2020, c. 20, s. 44.
Section 65Verify source
§ 66Section 66Provision

Source excerpt

Section 66 lets a person covered by section 65 act without the coroner’s authorization within 24 hours after notice, and later take identification-related measures for a dead body.

66. Every person contemplated in section 65 may, without the coroner’s authorization, within 24 hours following the receipt of a notice given under Chapter II, exercise the following powers: (1) enter any place where he has reasonable and probable cause to believe that the body is to be found to take possession of it and, at the same time, examine or seize any object or document found there which may be used as evidence by the coroner; (2) prohibit access to the place to facilitate the gathering or preservation of items of evidence for the coroner or ensure the protection of the persons involved or their property; (3) photograph the place or any object examined or seized, or cause it to be photographed; (4) photocopy any document examined or seized, or cause it to be photocopied. The person may also, even after the expiry of the time prescribed under the first paragraph, take, without the coroner’s authorization, the measures necessary for the identification of a dead body, photograph it or cause it to be photographed. 1983, c. 41, s. 66; 1986, c. 95, s. 285.
Section 66Verify source
§ 67Section 67Provision

Source excerpt

Certain laboratory employees and peace officers may not examine or seize section 48.1 records unless the coroner authorizes it.

67. No person employed at the Laboratoire de sciences judiciaires et de médecine légale nor any peace officer may examine or seize a record referred to in section 48.1, except with the coroner’s authorization. 1983, c. 41, s. 67; 1990, c. 48, s. 2; 2020, c. 20, s. 44.
Section 67Verify source
§ 68Section 68Provision

Source excerpt

The coroner may authorize a person in writing to exercise certain coroner powers for Division II.

68. The coroner may authorize in writing a person to exercise, for the purposes of Division II, the powers conferred on a coroner by sections 49.1 to 53 of this Act. The authorization shall designate by name the person to whom it is addressed. 1983, c. 41, s. 68; 1986, c. 95, s. 286.
Section 68Verify source
§ 69Section 69Provision

Source excerpt

The coroner must decide when and where certain authorized powers may be exercised, and must identify the objects and documents covered by the authorization, subject to any conditions set by a justice of the peace under section 72.

69. Subject to the conditions that may be specified by a justice of the peace in accordance with section 72, the coroner shall determine when and where the powers he authorizes to be exercised by virtue of section 49, 65 or 68 may be exercised, and indicate the objects and documents contemplated in the authorization. 1983, c. 41, s. 69; 1986, c. 95, s. 287.
Section 69Verify source
§ 70Section 70Provision

Source excerpt

70. Authorizations remain effective for a period of not over 15 days. The holder of an expired authorization shall return it to the coroner, who may issue a new authorization. 1983, c. 41, s. 70; 1999, c. 40, s. 241.

70. Authorizations remain effective for a period of not over 15 days. The holder of an expired authorization shall return it to the coroner, who may issue a new authorization. 1983, c. 41, s. 70; 1999, c. 40, s. 241.
Section 70Verify source
§ 71Section 71Provision

Source excerpt

Authorized persons and coroners’ powers-holders must follow sections 55 to 61 and carry out specific seizure-related steps.

71. Every person authorized under section 49 or exercising the powers of a coroner under section 65, 66 or 68 is bound to comply with the obligations imposed by sections 55 to 61. The person shall also, (1) in accordance with the directives of the Chief Coroner or the coroner, direct the dead body of which he has taken possession to a designated morgue; (2) indicate in the minutes of seizure the number and date of issue of the authorization under which he is acting, where an authorization has been issued; (3) immediately transmit to the coroner a copy of the minutes of seizure he has drawn up; (4) remit to any person designated by the coroner any seized object or document in his custody. 1983, c. 41, s. 71.
Section 71Verify source
§ 72Section 72Provision

Source excerpt

A coroner or authorized person may enter a place only with written authorization from a justice of the peace, subject to exceptions for recent notice and exigent circumstances.

72. The coroner or a person authorized under section 49, 65 or 68 may, with the written authorization of a justice of the peace, enter any place for the purposes contemplated in section 49, 49.1 or 50. The justice of the peace may grant the authorization, subject to such conditions he may specify therein, if he is satisfied, on the basis of an affidavit by the coroner or the person authorized under section 49, 65 or 68, that there are reasonable and probable grounds for believing that entry into that place is useful for the performance of the coroner’s duties. The authorization, whether acted upon or not, shall be returned to the justice of the peace who granted it, not later than 15 days after its issue. The authorization of a justice of the peace is not required, however, to enter any place within 24 hours following the receipt of a notice given under Chapter II for the purposes contemplated in section 49.1. Nor is the authorization required if the conditions for obtaining it exist and if, owing to exigent circumstances, the delay necessary to obtain the authorization may result in danger to human health or to the safety of persons or property or in the disappearance, destruction or loss of what is useful for the performance of the coroner’s duties. 1983, c. 41, s. 72; 1986, c. 95, s. 288; I.N. 2016-01-01 (NCCP).
Section 72Verify source
§ 73Section 73Provision

Source excerpt

73. The coroner may make or perform, or order, the examination or autopsy of a dead body, or an expertise. The Minister of Public Security or the Chief Coroner may require the coroner to order an examination, autopsy or expertise. 1983, c.

73. The coroner may make or perform, or order, the examination or autopsy of a dead body, or an expertise. The Minister of Public Security or the Chief Coroner may require the coroner to order an examination, autopsy or expertise. 1983, c. 41, s. 73; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 73Verify source
§ 74Section 74Provision

Source excerpt

A physician, another law-authorized professional, or a licensed embalmer may take required specimens from a dead body for an expertise ordered by the coroner.

74. A physician, any other professional authorized by law or a licensed embalmer may take from a dead body the specimens required for an expertise ordered by the coroner. 1983, c. 41, s. 74; 2020, c. 20, s. 22.
Section 74Verify source
§ 75Section 75Provision

Source excerpt

A coroner’s examination, autopsy, or specimen-taking is generally done at the hospital centre where the death occurred, unless a coroner’s directive says otherwise.

75. Except where a coroner’s directive provides otherwise, the examination or autopsy of a body or taking of specimens from a dead body by a coroner’s order is made or performed at the facility maintained by the institution operating the hospital centre where the death occurred. Where the death occurred in a place other than a facility maintained by an institution operating a hospital centre, the examination, autopsy or taking of specimens may be made or performed in the Laboratoire de sciences judiciaires et de médecine légale, in any facility maintained by an institution operating a hospital centre, by agreement between the institution, or Santé Québec in the case of a Santé Québec institution, and the Chief Coroner, or at any other place designated by the Chief Coroner. 1983, c. 41, s. 75; 1992, c. 21, s. 285; 2020, c. 20, s. 44; 2023, c. 34, s. 987.
Section 75Verify source
§ 76Section 76Provision

Source excerpt

Certain hospital and forensic service directors must ensure required examinations, autopsies, specimens, or expertise are carried out promptly and with due diligence.

76. The medical and professional services director of a public institution within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021) operating a hospital centre, the most senior officer of a private institution governed by that Act that operates such a centre, or the director of professional services of an institution governed by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) and operating such a centre, as the case may be, shall take the necessary measures to have the required examination, autopsy or taking of specimens that is to be made or performed at the facility maintained by that institution carried out with due diligence. The director of the Laboratoire de sciences judiciaires et de médecine légale shall do likewise when the required examination, autopsy, taking of specimens or expertise, as the case may be, is to be made or performed under his authority. 1983, c. 41, s. 76; 1992, c. 21, s. 286; 2020, c. 20, s. 44; 2023, c. 34, s. 988.
Section 76Verify source
§ 76.1Section 76.1Provision

Source excerpt

76.1. A physician who performs an autopsy at the request of a coroner and who preserves an organ or tissue for the purposes of an expertise shall notify the coroner so that the latter may inform the person who claims the body. The organ or

76.1. A physician who performs an autopsy at the request of a coroner and who preserves an organ or tissue for the purposes of an expertise shall notify the coroner so that the latter may inform the person who claims the body. The organ or tissue is disposed of with biomedical waste if (1) no one has claimed the body; (2) the person who claimed the body has expressed the intention not to recover the organ or tissue; or (3) the person who claimed the body has not recovered the organ or tissue within 30 days after being informed by a notice sent to his last known address that it is no longer required. If a deceased person’s identity cannot be established, an organ or tissue sample is preserved at the coroner’s request for the purposes of the person’s future identification. 2020, c. 20, s. 23.
Section 76.1Verify source
§ 77Section 77Provision

Source excerpt

A person who makes or performs an examination, autopsy, or expertise under the Act must, with due diligence, prepare the report and send it to the coroner.

77. Every person who makes or performs an examination, autopsy or expertise under this Act shall, with due diligence, draw up his report and transmit it to the coroner. 1983, c. 41, s. 77.
Section 77Verify source
§ 78Section 78Provision

Source excerpt

If notice must be given to a coroner under Chapter II, a dead body may not be buried, cremated, transported out of Québec, or remitted under Chapter V unless the coroner gives written authorization.

78. In no case where notice must be given to a coroner pursuant to Chapter II may a dead body be buried or cremated in Québec, transported out of Québec or remitted in accordance with Chapter V of the Funeral Operations Act (chapter A-5.02), except with the written authorization of the coroner. 1983, c. 41, s. 78; 1985, c. 29, s. 41; 1991, c. 44, s. 5; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 1, s. 138.
Section 78Verify source
§ 79Section 79Provision

Source excerpt

The coroner must give written authorization when the body has been claimed and is no longer needed for identification, examination, autopsy, or expertise.

79. The coroner shall give his written authorization if the body is claimed and is no longer required for the purposes of identification, examination, autopsy or expertise. 1983, c. 41, s. 79.
Section 79Verify source
§ 80Section 80Provision

Source excerpt

An unclaimed body may be buried after 30 days if the coroner no longer needs it, unless it is disposed of under Chapter V of the Funeral Operations Act.

80. Every body unclaimed within 30 days after it is found may be buried if it is no longer required by the coroner, unless it is disposed of in the manner prescribed in Chapter V of the Funeral Operations Act (chapter A-5.02). 1983, c. 41, s. 80; 2001, c. 60, s. 166; 2009, c. 30, s. 58; 2016, c. 1, s. 139.
Section 80Verify source
§ 81Section 81Provision

Source excerpt

Burial expenses for unclaimed bodies are paid from the Act’s appropriations, and the Minister of Finance may require the deceased person’s succession to reimburse those expenses.

81. Expenses incurred for the burial of unclaimed bodies are paid out of the appropriations allocated for the administration of this Act. However, the Minister of Finance may require the succession of the deceased to reimburse expenses incurred for burial of the unclaimed body. 1983, c. 41, s. 81; 1999, c. 40, s. 241.
Section 81Verify source
§ 82Section 82Provision

Source excerpt

The coroner may order exhumation of a dead body when they reasonably believe an examination or autopsy would help perform their duties; if the body was legally buried, authorization from the Chief Coroner is required.

82. The coroner may order the exhumation of a dead body where he has reasonable grounds to believe an examination or autopsy of the body may be useful for the performance of his duties. If the body was buried according to law, the coroner must be authorized by the Chief Coroner. 1983, c. 41, s. 82.
Section 82Verify source
§ 83Section 83Provision

Source excerpt

The Minister of Public Security or the Chief Coroner may require the coroner to order an exhumation.

83. The Minister of Public Security or the Chief Coroner may require the coroner to order the exhumation of a dead body. 1983, c. 41, s. 83; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 83Verify source
§ 84Section 84Provision

Source excerpt

Expenses for exhumations under this Act, and for a second burial after exhumation where the first burial was lawful, are paid from the appropriations allocated to administer the Act.

84. Expenses incurred for exhumations made in application of this Act are paid out of the appropriations allocated for the administration of this Act. The same applies to expenses incurred for a second burial following exhumation, if the first burial was made according to law. 1983, c. 41, s. 84.
Section 84Verify source
§ 85Section 85Provision

Source excerpt

If a coroner orders an examination or autopsy after a body is exhumed, it must be carried out by a physician who has not previously examined the body or performed an autopsy on it.

85. Every examination or autopsy ordered by a coroner following exhumation of a body must be made or performed by a physician who has not previously examined or performed an autopsy on the dead body. 1983, c. 41, s. 85.
Section 85Verify source
§ 86Section 86Provision

Source excerpt

A person may not publish or release a photograph of a dead body covered by sections 53 or 66 unless authorized in writing by the Chief Coroner or the investigating coroner.

86. No person may publish or release a photograph of a dead body contemplated in section 53 or section 66 unless authorized in writing by the Chief Coroner or the coroner conducting the investigation. The authorization may be granted by the Chief Coroner on the conditions he determines, if required for the administration of justice or in the public interest, or for purposes of scientific research or instruction. It may be granted by the Chief Coroner or the coroner, on the conditions he determines, for purposes of identification of the body. 1983, c. 41, s. 86.
Section 86Verify source
§ 87Section 87Provision

Source excerpt

No person may publish or release identifying information about a person under 18 who is implicated in the circumstances of a death.

87. No person may publish or release anything whatsoever revealing the name or address of a person under 18 years of age implicated in the circumstances of a person’s death, or allowing him to be identified. 1983, c. 41, s. 87.
Section 87Verify source
§ 88Section 88Provision

Source excerpt

A person must not publish or release a document covered by section 93.

88. No person may publish or release a document contemplated in section 93. 1983, c. 41, s. 88.
Section 88Verify source
§ 89Section 89Provision

Source excerpt

A person who, by act or omission, contravenes section 86, 87, or 88 is guilty of contempt of court.

89. Every person who, by deed or omission, contravenes section 86, 87 or 88 is guilty of contempt of court. 1983, c. 41, s. 89.
Section 89Verify source
§ 90Section 90Provision

Source excerpt

The publication or release ban for certain information under this division does not apply when the publication or release is done under section 90.2, 100, or 102.

90. A ban on publication or release of certain information under this division does not apply if the publication or release is made in accordance with section 90.2, 100 or 102. 1983, c. 41, s. 90; 2020, c. 20, s. 24.
Section 90Verify source
§ 90.1Section 90.1Provision

Source excerpt

90.1. After consultation with the Chief Coroner, a coroner may, before his report is drawn up, allow the documents listed in section 93 to be consulted by or, after payment of the charge fixed by regulation, send certified copies of them

90.1. After consultation with the Chief Coroner, a coroner may, before his report is drawn up, allow the documents listed in section 93 to be consulted by or, after payment of the charge fixed by regulation, send certified copies of them to (1) a person, association, department or agency establishing to the coroner’s satisfaction that the documents will be used to learn or establish his or its rights; (2) a department or public agency establishing to the coroner’s satisfaction that it will use the documents in the pursuit of the public interest; (3) a professional order establishing to the coroner’s satisfaction that it will use the documents in the pursuit of the protection of the public; or (4) a physician establishing to the coroner’s satisfaction that the documents are necessary for the purpose of preventing or screening for disease in a member of the deceased person’s family. However, the report of a peace officer may not be consulted or transmitted without the express permission of the Minister of Public Security or a person authorized by the Minister for that purpose. 2020, c. 20, s. 25; I.N. 2023-01-01.
Section 90.1Verify source
§ 90.2Section 90.2Provision

Source excerpt

Getting a document under section 90.1 does not by itself authorize publication or release of unpublished information in it, unless that disclosure is necessary for a purpose listed in paragraphs 1 to 4 of that section.

90.2. Access to a document or receipt of a document in accordance with section 90.1 does not constitute an authorization to publish or release information it contains that has not been made public, unless it is necessary for the purposes provided for in any of paragraphs 1 to 4 of that section. 2020, c. 20, s. 25.
Section 90.2Verify source
§ 91Section 91Provision

Source excerpt

After investigating, the coroner must promptly prepare a report.

91. Following his investigation, the coroner shall promptly draw up a report. 1983, c. 41, s. 91.
Section 91Verify source
§ 91.1Section 91.1Provision

Source excerpt

A coroner must delay finalizing a report in specified criminal-proceedings situations, and may prepare the report only if further delay is not possible, after consulting the police or the Director.

91.1. Despite section 91, when the Director of Criminal and Penal Prosecutions has authorized a prosecution following a person’s death, the coroner shall postpone the finalization of his report until the Director notifies him of the end of the criminal proceedings. Similarly, the coroner shall postpone the finalization of his report if a record is submitted to the Director of Criminal and Penal Prosecutions for examination as to whether proceedings should be instituted or if the causes and circumstances of a death allow the coroner to believe that a record could be so submitted. The Director shall inform the coroner of the findings of his examination. However, the coroner may, in the cases provided for in the second paragraph, draw up his report if he is of the opinion that he may not further postpone its finalization. The coroner shall then consult the police force concerned or the Director of Criminal and Penal Prosecutions to ensure that the report does not contain any information which may impede the investigation. 2020, c. 20, s. 26.
Section 91.1Verify source
§ 92Section 92Provision

Source excerpt

The report must state the deceased person’s identity or identifying indications, the date and place of death, the probable causes, the circumstances of death, and any recommendation to better protect human life where applicable.

92. The report must indicate (1) the identity of the deceased person, or indications that may lead to it; (2) the date and place of death; (3) the probable causes of death; (4) a description of the circumstances of death; (5) any recommendation directed towards better protection of human life, where applicable. 1983, c. 41, s. 92.
Section 92Verify source
§ 93Section 93Provision

Source excerpt

The coroner must attach specified documents to the report, including the burial/cremation/transport/remit authorization and any listed investigative records where applicable.

93. The coroner shall attach to his report a copy of the authorization to bury, cremate, transport or remit the body, granted under section 79 and, where such is the case, (1) the examination and autopsy reports and the expertise; (2) the report of a peace officer who investigated the death; (3) the exhumation order; (4) the copy of the minutes of seizure; (5) photographs of the body, of the place viewed and of the objects examined or seized and photocopies of documents examined or seized; (6) every other document required by the Chief Coroner. 1983, c. 41, s. 93.
Section 93Verify source
§ 94Section 94Provision

Source excerpt

The coroner must, with due diligence, send the original report and accompanying documents to the Chief Coroner.

94. The coroner shall, with due diligence, transmit the original of the report and the accompanying documents to the Chief Coroner. 1983, c. 41, s. 94.
Section 94Verify source
§ 94.1Section 94.1Provision

Source excerpt

94.1. A coroner may correct his report if it contains an error in writing or calculation or any other clerical error. The coroner may also revise his report where new facts that warrant a revision are subsequently brought to his attention

94.1. A coroner may correct his report if it contains an error in writing or calculation or any other clerical error. The coroner may also revise his report where new facts that warrant a revision are subsequently brought to his attention or to the attention of the Chief Coroner. The report is then transmitted to the latter. If the coroner who drew up a report is no longer in office or is absent or unable to act, another coroner authorized by the Chief Coroner may correct or revise the report. 2020, c. 20, s. 27.
Section 94.1Verify source
§ 95Section 95Provision

Source excerpt

95. The coroner who prepared the report or the Chief Coroner may certify that a copy of the report or of the accompanying documents is in conformity with the report or the documents filed in the records of the coroners. Every copy must be

95. The coroner who prepared the report or the Chief Coroner may certify that a copy of the report or of the accompanying documents is in conformity with the report or the documents filed in the records of the coroners. Every copy must be certified before being transmitted. 1983, c. 41, s. 95.
Section 95Verify source
§ 96Section 96Provision

Source excerpt

Most of the coroner’s report is public and may be consulted by any person, except accompanying documents and parts barred from publication or release. A certified copy may be obtained on payment of the prescribed charge.

96. The coroner’s report, except the accompanying documents and the parts of the report that are subject to a ban on publication or release under this Act, is public and may be consulted by any person. A certified copy of the report may be obtained on payment of the charge prescribed by regulation. 1983, c. 41, s. 96.
Section 96Verify source
§ 97Section 97Provision

Source excerpt

Before a report is accessed or a certified copy is sent, the Chief Coroner, the investigating coroner, and anyone under their authority must delete any passages barred from publication or release.

97. The Chief Coroner, the coroner who conducted the investigation and every person under their authority shall, before allowing access to a report or transmitting a certified copy of it, delete any passages banned from publication or release. 1983, c. 41, s. 97.
Section 97Verify source
§ 98Section 98Provision

Source excerpt

The Chief Coroner may transmit investigation recommendations to the affected persons or agencies, and those recipients must respond within the time the Chief Coroner specifies.

98. The Chief Coroner shall, if he considers it appropriate, transmit to the persons, associations, departments or agencies concerned the recommendations appearing in the report of an investigation. The persons, associations, departments or agencies to whom or which such recommendations have been transmitted must, within the time specified by the Chief Coroner, confirm to the latter that they have considered the recommendations and inform him of the measures they intend to take to correct the situation concerned. 1983, c. 41, s. 98; 2020, c. 20, s. 28.
Section 98Verify source
§ 99Section 99Provision

Source excerpt

On request, the coroner or Chief Coroner must send a certified copy of the unexpurgated report and accompanying documents to the Minister of Public Security or the Director of Criminal and Penal Prosecutions. They must also send a certified copy of any investigation report about the death of a person 25 years old or under to the Commissioner for Children’s Well-Being and Rights.

99. At the request of the Minister of Public Security or the Director of Criminal and Penal Prosecutions, the coroner or the Chief Coroner shall forward to them a certified copy of the unexpurgated report and accompanying documents. The coroner or the Chief Coroner shall forward to the Commissioner for Children’s Well-Being and Rights such a copy of any report of investigation concerning the death of a person 25 years of age or under. 1983, c. 41, s. 99; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2005, c. 34, s. 66; 2024, c. 20, s. 30.
Section 99Verify source
§ 100Section 100Provision

Source excerpt

100. Where required in the public interest, the Minister of Public Security or the Chief Coroner may publish or release any information contained in the report and in the accompanying documents that is not public. In no case, however, may

100. Where required in the public interest, the Minister of Public Security or the Chief Coroner may publish or release any information contained in the report and in the accompanying documents that is not public. In no case, however, may the Chief Coroner publish or release the report of a peace officer without the express permission of the Minister of Public Security or a person authorized by him for that purpose. 1983, c. 41, s. 100; 1986, c. 86, s. 38, s. 41; 1988, c. 46, s. 24.
Section 100Verify source
§ 101Section 101Provision

Source excerpt

The Chief Coroner or a full-time coroner may let certain people or bodies consult an unexpurgated report or accompanying documents, or send certified copies for a regulated charge, if the stated purpose and satisfaction conditions are met. A peace officer’s report may not be consulted or transmitted unless the Minister of Public Security or an authorized person expressly permits it.

101. Notwithstanding section 97, the Chief Coroner or a full-time coroner may allow the unexpurgated report or accompanying documents to be consulted by or, on payment of the charge fixed by regulation, transmit certified copies of them to (1) a person, association, department or agency establishing to the Chief’s or coroner’s satisfaction that they will be used to learn or establish his or its rights; (2) a department or public agency establishing to the Chief’s or coroner’s satisfaction that it will use them in the pursuit of the public interest; (3) a professional order establishing to the Chief’s or coroner’s satisfaction that it will use the documents in the pursuit of the protection of the public; (4) a physician establishing to the Chief’s or coroner’s satisfaction that the documents are necessary for the purpose of preventing or screening for disease in a member of the deceased person’s family. However, in no case may a peace officer’s report be consulted or transmitted except with the express permission of the Minister of Public Security or a person authorized by him for that purpose. 1983, c. 41, s. 101; 1986, c. 86, s. 41; 1988, c. 46, s. 24; 2020, c. 20, s. 29; I.N. 2023-01-01.
Section 101Verify source
§ 102Section 102Provision

Source excerpt

Getting a document under section 101 does not by itself authorize publishing or releasing non-public information in it, unless that is necessary for the purposes in paragraphs 1 to 4 of section 101.

102. Access to a document or receipt of a document in accordance with section 101 does not constitute an authorization to publish or release information it contains that has not been made public, unless it is necessary for the purposes provided for in any of paragraphs 1 to 4 of that section. 1983, c. 41, s. 102; 2020, c. 20, s. 30.
Section 102Verify source
§ 103Section 103Provision

Source excerpt

If, during or after an investigation, the coroner thinks an inquest should be held, the coroner must immediately recommend that to the Chief Coroner and state the reasons.

103. If, during or following an investigation, the coroner is of opinion that it would be expedient to hold an inquest, he shall immediately make a recommendation to that effect to the Chief Coroner, with a statement of the grounds for his recommendation. 1983, c. 41, s. 103.
Section 103Verify source
§ 103.1Section 103.1Repeal

Source excerpt

Section 103.1 is repealed.

103.1. (Repealed). 1985, c. 29, s. 42; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 1991, c. 44, s. 6.
Section 103.1Verify source
§ 103.2Section 103.2Repeal

Source excerpt

Section 103.2 is repealed.

103.2. (Repealed). 1985, c. 29, s. 42; 1991, c. 44, s. 6.
Section 103.2Verify source
§ 103.3Section 103.3Repeal

Source excerpt

Section 103.3 is repealed.

103.3. (Repealed). 1985, c. 29, s. 42; 1991, c. 44, s. 6.
Section 103.3Verify source
§ 103.4Section 103.4Repeal

Source excerpt

Section 103.4 is repealed.

103.4. (Repealed). 1985, c. 29, s. 42; 1991, c. 44, s. 6.
Section 103.4Verify source
§ 103.5Section 103.5Repeal

Source excerpt

Section 103.5 is repealed.

103.5. (Repealed). 1985, c. 29, s. 42; 1991, c. 44, s. 6.
Section 103.5Verify source
§ 103.6Section 103.6Repeal

Source excerpt

Section 103.6 is repealed.

103.6. (Repealed). 1985, c. 29, s. 42; 1991, c. 44, s. 6.
Section 103.6Verify source
§ 104Section 104Provision

Source excerpt

The Chief Coroner may order an inquest during or after an investigation if it seems expedient and would not delay any police investigation.

104. The Chief Coroner may, during or following an investigation, order that an inquest be held into the probable causes and circumstances of a death if he has reason to believe that the holding of an inquest would be expedient and would not impede the progress of any police investigation. 1983, c. 41, s. 104.
Section 104Verify source
§ 105Section 105Provision

Source excerpt

When deciding whether to hold an inquest, the Chief Coroner must consider whether hearing witnesses would help.

105. In determining whether it is expedient to hold an inquest, the Chief Coroner shall consider whether it is expedient to hear witnesses, particularly (1) to obtain information for establishing the probable causes or circumstances of death; (2) to enable a coroner to make recommendations directed to better protection of human life; (3) to inform the public on the probable causes or circumstances of death. 1983, c. 41, s. 105.
Section 105Verify source
§ 106Section 106Provision

Source excerpt

The Chief Coroner must order an inquest when the Minister of Public Security requires it.

106. The Chief Coroner shall order the holding of an inquest where required by the Minister of Public Security. 1983, c. 41, s. 106; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 106Verify source
§ 107Section 107Provision

Source excerpt

The Chief Coroner may order one inquest for several deaths if they happened in the same event or in a series of similar events.

107. The Chief Coroner may order a single inquest into several deaths which occurred in the same event or a series of similar events. 1983, c. 41, s. 107.
Section 107Verify source
§ 108Section 108Provision

Source excerpt

The Chief Coroner must appoint a coroner to preside at the inquest, chosen from coroners with legal training.

108. The Chief Coroner shall designate a coroner to preside at the inquest from among the coroners with legal training. He may also, if the coroner responsible for presiding at the inquest is unable to do so, designate another coroner to complete an inquest already in progress. 1983, c. 41, s. 108.
Section 108Verify source
§ 109Section 109Provision

Source excerpt

At an inquest, the coroner may be assisted by an attorney designated by the Chief Coroner.

109. The coroner may, at an inquest, be assisted by an attorney designated by the Chief Coroner. 1983, c. 41, s. 109.
Section 109Verify source
§ 110Section 110Provision

Source excerpt

If the inquest’s complexity requires it, the Chief Coroner may designate an assessor with relevant knowledge and special competence. The Government must fix assessors’ remuneration and employment conditions.

110. Where the complexity of the events being the subject of the inquest so requires, the Chief Coroner may designate as an assessor a person who, owing to his knowledge and special competence, is in a position to provide useful or pertinent information to the coroner at the inquest. The Government shall fix the remuneration and conditions of employment applicable to assessors. 1983, c. 41, s. 110; 2020, c. 20, s. 31.
Section 110Verify source
§ 111Section 111Provision

Source excerpt

For an inquest, sections 47 to 85 and sections 90.1 and 90.2 apply, subject to this chapter and with necessary modifications.

111. Subject to this chapter, sections 47 to 85 and sections 90.1 and 90.2 apply to an inquest, with the necessary modifications. 1983, c. 41, s. 111; 2020, c. 20, s. 32.
Section 111Verify source
§ 112Section 112Provision

Source excerpt

The coroner may summon a person for examination at an inquest if the coroner believes the person can provide useful or enlightening information.

112. The coroner may summon a person to be examined at an inquest whom he believes in a position to provide useful or enlightening information for the inquest. 1983, c. 41, s. 112.
Section 112Verify source
§ 113Section 113Provision

Source excerpt

The person must be summoned in writing unless present at the inquest location; the summons may also include money in advance for travel expenses.

113. The person is summoned in writing, unless he is present at the place where the inquest is held, and the summons may be accompanied with an advance of funds to cover the person’s travel expenses. 1983, c. 41, s. 113.
Section 113Verify source
§ 114Section 114Provision

Source excerpt

The coroner may order a summoned person to bring any object or document the coroner indicates.

114. The coroner may order a person summoned by him to bring with him any object or document he indicates. The request is made in writing, unless the person is present at the place where the inquest is held. 1983, c. 41, s. 114.
Section 114Verify source
§ 115Section 115Provision

Source excerpt

Articles 116 to 129 of the Code of Civil Procedure apply, with necessary modifications, to the service of a summons made by a coroner.

115. Articles 116 to 129 of the Code of Civil Procedure (chapter C-25.01) apply, with the necessary modifications, to the service of a summons made by a coroner. 1983, c. 41, s. 115; I.N. 2016-01-01 (NCCP).
Section 115Verify source
§ 116Section 116Provision

Source excerpt

The coroner may seek a warrant to have a witness arrested and brought before the Court of Québec if there are reasonable and probable grounds to think the witness will avoid a summons or not appear.

116. Where the coroner has reasonable and probable grounds to believe that a person he wishes to summon as a witness at the inquest is avoiding service of a summons or will not be present following a summons, the coroner may apply to a judge of the Court of Québec for the issue of a warrant ordering a peace officer to arrest that person and cause him to appear. Where a person other than the coroner has, to the satisfaction of the coroner, reasonable and probable grounds to believe that a witness at the inquest will avoid service of a summons or will not be present following a summons, the coroner may authorize him to apply to a judge of the Court of Québec for the issue of a warrant ordering a peace officer to arrest the witness and cause him to appear. The person arrested shall appear before a judge of the Court of Québec without delay. The person arrested and the person who required the warrant must then have an opportunity to be heard before any judgment is rendered on the detention or release of the person. 1983, c. 41, s. 116; 1985, c. 29, s. 43; 1988, c. 21, s. 125.
Section 116Verify source
§ 117Section 117Provision

Source excerpt

If a duly summoned witness does not appear, the coroner may issue a warrant for arrest or detention, and the arrested person must appear without delay before specified officials.

117. Upon proof that a person duly summoned refuses or fails to appear as a witness, the coroner may issue a warrant ordering a peace officer to arrest or detain him. The person so arrested shall without delay appear before the person who issued the warrant of arrest, a full-time coroner or a judge of the Court of Québec. 1983, c. 41, s. 117; 1988, c. 21, s. 126; 2020, c. 20, s. 44.
Section 117Verify source
§ 118Section 118Provision

Source excerpt

A person arrested who is under 18 must be placed in the care of the director of youth protection until appearance.

118. If the person arrested is under 18 years of age, he must be entrusted to the care of the director of youth protection until his appearance. The director of youth protection shall entrust the person arrested to the care of an institution operating a reception centre or a rehabilitation centre for shelter and shall, without delay, notify his parents or the person having parental authority of the place where he may be found, of the time and place he is to appear and of the proceedings being brought against him. For the purposes of the second paragraph, “reception centre” has the meaning assigned to it by the Act respecting health services and social services for Cree Native persons (chapter S-5) and “rehabilitation centre” has the meaning assigned to it by the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting the governance of the health and social services system (chapter G-1.021), as the case may be. 1983, c. 41, s. 118; 1992, c. 21, s. 287; 1994, c. 23, s. 23; 2023, c. 34, s. 989.
Section 118Verify source
§ 119Section 119Provision

Source excerpt

119. The judge or the coroner before whom a person arrested appears may (1) order that he be released on a recognizance, unconditional or with reasonable conditions, with ou without sureties, to appear at the inquest and testify; or (2)

119. The judge or the coroner before whom a person arrested appears may (1) order that he be released on a recognizance, unconditional or with reasonable conditions, with ou without sureties, to appear at the inquest and testify; or (2) order that he be detained in a correctional facility for a period of not over eight days or, if he is under 18 years of age, that he be confided to the care of the director of youth protection designated by the judge or the coroner for the same period. If the judge or the coroner, as the case may be, has reasonable and probable grounds to believe that a person has not complied with the conditions of his release, or has escaped or is about to do so, he may issue a new warrant for his arrest. Any person so arrested is treated in accordance with the first paragraph. Any decision taken pursuant to the first paragraph may, upon an application, be revised by a justice of the Superior Court. 1983, c. 41, s. 119; 2002, c. 24, s. 209; I.N. 2016-01-01 (NCCP).
Section 119Verify source
§ 120Section 120Provision

Source excerpt

A coroner is deemed to be a justice of the peace when exercising the powers in section 117 or 119.

120. The coroner is deemed to be a justice of the peace when he exercises the powers provided in section 117 or 119. 1983, c. 41, s. 120.
Section 120Verify source
§ 121Section 121Provision

Source excerpt

A detained person who has appeared before the judge or coroner must be summoned as a witness at the inquest within eight days.

121. The person detained under an order of the judge or coroner before whom he has appeared must be summoned as a witness at the inquest within eight days of his appearance. 1983, c. 41, s. 121.
Section 121Verify source
§ 122Section 122Provision

Source excerpt

If no judge of the Court of Québec is available in the judicial district, a justice of the peace appointed under section 158 of the Courts of Justice Act may exercise the powers conferred by this division on a judge of the Court of Québec.

122. The powers conferred by this division on a judge of the Court of Québec may be exercised by a justice of the peace appointed under section 158 of the Courts of Justice Act (chapter T-16), if no judge of the Court of Québec is available in the judicial district. 1983, c. 41, s. 122; 1988, c. 21, s. 127; 1992, c. 61, s. 505.
Section 122Verify source
§ 123Section 123Provision

Source excerpt

The coroner must require the oath of every person summoned as a witness.

123. The coroner shall require the oath of every person summoned as a witness. 1983, c. 41, s. 123; 1999, c. 40, s. 241.
Section 123Verify source
§ 124Section 124Provision

Source excerpt

The coroner may admit testimony without an oath if the person does not understand the oath and appears mature enough to report facts and understand the duty to tell the truth.

124. The coroner may admit, without the formality of an oath, the testimony of a person who, in his opinion, does not understand the nature of the oath, if he considers that he is sufficiently mature to report facts that came to his knowledge and that he understands his duty to tell the truth. 1983, c. 41, s. 124; 1999, c. 40, s. 241.
Section 124Verify source
§ 125Section 125Provision

Source excerpt

If a witness is under 18, the coroner must let them have time to get an advocate if the coroner thinks that would be in their interest.

125. If a person under 18 years of age is summoned as a witness, the coroner, if he is of the opinion that it would be in the person’s interest to be represented by an advocate, shall allow him a reasonable time to obtain the services of an advocate and, if necessary, put off the hearing of his testimony until he obtains them. 1983, c. 41, s. 125.
Section 125Verify source
§ 125.1Section 125.1Provision

Source excerpt

The Chief Coroner may grant financial assistance to members of a deceased person’s family if the coroner conducting the inquest recommends it and the regulation under section 168.1 is followed.

125.1. The Chief Coroner may, on the recommendation of the coroner conducting the inquest and in accordance with the regulation under section 168.1, grant financial assistance to members of a deceased person’s family. 2013, c. 6, s. 8.
Section 125.1Verify source
§ 126Section 126Provision

Source excerpt

A person summoned to testify before a coroner must answer the questions put to them, or face contempt of court.

126. Every person summoned to testify before a coroner must, on pain of contempt of court, answer the questions put to him. Notwithstanding the first paragraph, articles 282 to 284 of the Code of Civil Procedure (chapter C-25.01) apply. 1983, c. 41, s. 126; I.N. 2016-01-01 (NCCP).
Section 126Verify source
§ 127Section 127Provision

Source excerpt

The coroner must inform witnesses that they may request protection under section 5 of the Canada Evidence Act for questions tending to incriminate them.

127. The coroner shall inform witnesses of their right to request the protection of section 5 of the Canada Evidence Act (Revised Statutes of Canada, 1985, chapter C-5) regarding any question tending to incriminate him. 1983, c. 41, s. 127.
Section 127Verify source
§ 128Section 128Provision

Source excerpt

128. In no case may a person under criminal prosecution for a death for which the coroner has, in accordance with section 156, obtained authorization to hold or proceed with an inquest, be compelled to testify before a coroner until the

128. In no case may a person under criminal prosecution for a death for which the coroner has, in accordance with section 156, obtained authorization to hold or proceed with an inquest, be compelled to testify before a coroner until the judgment in the criminal proceedings has acquired the status of res judicata. 1983, c. 41, s. 128.
Section 128Verify source
§ 129Section 129Provision

Source excerpt

During the inquest, the coroner and, where applicable, the assisting attorney or assessor may ask witnesses any questions they consider advisable.

129. The coroner and, as the case may be, the attorney or assessor who assists him may, during the inquest, put to the witnesses any question they deem advisable. 1983, c. 41, s. 129.
Section 129Verify source
§ 130Section 130Provision

Source excerpt

At an inquest, the coroner must have witness depositions and related statements or decisions recorded, either by stenography or by another Government-authorized method.

130. The coroner shall, at the inquest, have the depositions of witnesses, the representations made to him and the statements or decisions made by him taken down by stenography or recorded in any other manner authorized by the Government. 1983, c. 41, s. 130.
Section 130Verify source
§ 131Section 131Provision

Source excerpt

Stenographic notes or recordings must be transcribed when required by specified officials.

131. Stenographic notes or recordings must be transcribed if the coroner, the Chief Coroner, the Minister of Public Security or the Director of Criminal and Penal Prosecutions so requires. 1983, c. 41, s. 131; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2005, c. 34, s. 67.
Section 131Verify source
§ 132Section 132Provision

Source excerpt

At the coroner’s request, the director of the record office for the judicial district where the inquest will be held must provide the needed premises, clerks, stenographers and interpreters, and take steps to keep the inquest peaceful and orderly.

132. The director of the record office of the judicial district where the inquest is to be held shall, at the request of the coroner, provide the premises, clerks, stenographers and interpreters necessary for the inquest and take the necessary measures to ascertain that the inquest is conducted in a peaceful and orderly manner. 1983, c. 41, s. 132.
Section 132Verify source
§ 133Section 133Provision

Source excerpt

The coroner must conduct the inquest diligently.

133. The coroner shall conduct his inquest with diligence. 1983, c. 41, s. 133.
Section 133Verify source
§ 134Section 134Provision

Source excerpt

134. The inquest is held in the judicial district where the dead body was found or is presumed to be unless the coroner considers it advisable, in the interest of justice, to hold it in another district. 1983, c. 41, s. 134.

134. The inquest is held in the judicial district where the dead body was found or is presumed to be unless the coroner considers it advisable, in the interest of justice, to hold it in another district. 1983, c. 41, s. 134.
Section 134Verify source
§ 135Section 135Provision

Source excerpt

The coroner must give reasonable notice of the inquest’s place, date, and time to specified people and offices.

135. The coroner shall give reasonable notice of the place, date and time of the inquest (1) to a member of the family of the deceased; (2) to a person who has requested to be notified thereof; (3) to the Director of Criminal and Penal Prosecutions or to the advocate designated by the Attorney General to represent the Attorney General; (4) to the Minister of Public Security. The coroner may also make the same information available to the public. 1983, c. 41, s. 135; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2005, c. 34, s. 68.
Section 135Verify source
§ 136Section 136Provision

Source excerpt

A coroner must recognize a requester as an interested person if the requester asks to be acknowledged and satisfies the coroner that they have an interest in the inquest. If the coroner refuses, the coroner must state the reasons.

136. A coroner shall recognize as an interested person any person, association, government department or agency requesting to be acknowledged as such and that proves his or its interest in the inquest to the satisfaction of the coroner. The coroner shall state his reasons for refusing the request. 1983, c. 41, s. 136.
Section 136Verify source
§ 137Section 137Provision

Source excerpt

At a request by an interested person, the coroner must summon a witness if the coroner believes the person can provide relevant or enlightening information for the inquest.

137. At the request of an interested person, a coroner shall summon a witness if he believes that person in a position to furnish relevant information or information likely to enlighten him on his inquest. The coroner shall state his reasons for refusing the request. 1983, c. 41, s. 137.
Section 137Verify source
§ 138Section 138Provision

Source excerpt

An interested person may be heard at the inquest and may examine and cross-examine witnesses, including the witness they asked to have summoned, with coroner permission for that cross-examination.

138. An interested person may be heard, examine the witness he requested be summoned and with the coroner’s permission cross-examine that witness. The person may also examine and cross-examine any other witness and make any representations to the coroner for the purpose of the inquest. 1983, c. 41, s. 138.
Section 138Verify source
§ 139Section 139Provision

Source excerpt

An interested person may request and obtain a transcription or copy after paying the charge set by regulation.

139. Upon payment of the charge required under the tariff established by regulation, an interested person may request a transcription of the stenographic notes or recordings and obtain copy thereof. 1983, c. 41, s. 139.
Section 139Verify source
§ 140Section 140Provision

Source excerpt

Inquests are open to the public, but a coroner may allow a witness to be heard in camera if the coroner thinks the public interest or a person’s privacy, reputation, or fair trial rights require it.

140. Inquests are open to the public. A coroner may make an exception to the principle of open inquests if, in the coroner’s opinion, the public interest or the protection of a person’s privacy, reputation or right to a just and fair trial requires that a witness be heard in camera. 1983, c. 41, s. 140; 2020, c. 20, s. 33.
Section 140Verify source
§ 140.1Section 140.1Provision

Source excerpt

A document admitted as evidence at an inquest is public and may be consulted by any person, unless a ban on publication or release applies under the Act.

140.1. A document admitted as evidence at an inquest is public and may be consulted by any person, unless it is subject to a ban on publication or release under this Act. 2020, c. 20, s. 34.
Section 140.1Verify source
§ 141Section 141Provision

Source excerpt

A person must not publish or release a photograph of a dead body covered by sections 53 or 66 unless written authorization is obtained.

141. No person may publish or release a photograph of a dead body contemplated in section 53 or section 66 except with the written authorization from the Chief Coroner or the coroner conducting the inquest. Such authorization may be granted by the Chief Coroner, on his conditions, where the administration of justice or the public interest so requires or for purposes of scientific research or instruction. Authorization may be granted by the Chief Coroner or the coroner, on his conditions, for the purpose of identifying the dead body. 1983, c. 41, s. 141.
Section 141Verify source
§ 142Section 142Provision

Source excerpt

No person may publish or release information that reveals the name or address, or otherwise identifies, a person under 18 implicated in the circumstances of a death or called to testify at an inquest.

142. No person may publish or release anything whatsoever revealing the name or address or enabling the identification of a person under 18 years of age implicated in the circumstances of the death of a person or called on to testify at an inquest. 1983, c. 41, s. 142.
Section 142Verify source
§ 143Section 143Provision

Source excerpt

No person may publish or release a document covered by section 161.

143. No person may publish or release a document contemplated in section 161. 1983, c. 41, s. 143.
Section 143Verify source
§ 144Section 144Provision

Source excerpt

When a coroner’s inquest is authorized and criminal proceedings are underway for the same death, no person may publish or release the inquest proof until the criminal judgment is res judicata.

144. Where a coroner’s inquest is authorized in accordance with section 156 at the same time criminal proceedings are being brought against a person in respect of the same death, no person may publish or release the proof presented at the inquest until the judgment on the criminal proceedings has acquired the status of res judicata. 1983, c. 41, s. 144.
Section 144Verify source
§ 145Section 145Provision

Source excerpt

Picture taking, sketching, filming, broadcasting, and televising are prohibited at the inquest.

145. Picture taking, sketching, filming for motion-picture projection, broadcasting and televising are prohibited at the inquest. 1983, c. 41, s. 145.
Section 145Verify source
§ 146Section 146Provision

Source excerpt

The coroner may ban publication or release of inquest information when necessary in the public interest or to protect privacy, reputation, or fair-trial rights.

146. If the coroner considers it necessary in the public interest or for the protection of the privacy of a person, his reputation or his right to a just and fair trial, he shall, of his own motion or on application, ban the publication or release of information given or that could be given at the inquest. The order banning the publication or release of information is valid for the period fixed by the coroner or for the duration of the inquest, unless the coroner lifts the ban before the end of the inquest. 1983, c. 41, s. 146; 1999, c. 60, s. 1.
Section 146Verify source
§ 147Section 147Provision

Source excerpt

A person who contravenes sections 141 to 145, or a coroner’s order under section 146, by act or omission is guilty of contempt of court.

147. Every person who, by act or omission, contravenes section 141, 142, 143, 144 or 145 or an order made by the coroner under section 146 is guilty of contempt of court. 1983, c. 41, s. 147.
Section 147Verify source
§ 148Section 148Provision

Source excerpt

A publication or release ban for certain information under this division does not apply when the publication or release is made under section 90.2, 100, or 102.

148. A ban on publication or release of certain information under this division does not apply if the publication or release is made in accordance with section 90.2, 100 or 102. 1983, c. 41, s. 148; 2020, c. 20, s. 35.
Section 148Verify source
§ 149Section 149Provision

Source excerpt

At the beginning of an inquest, the coroner must inform the persons present of the object of the inquest and the reasons for it.

149. At the beginning of an inquest, the coroner shall inform the persons present of the object of the inquest and the reasons justifying it. 1983, c. 41, s. 149.
Section 149Verify source
§ 150Section 150Provision

Source excerpt

The Director of Criminal and Penal Prosecutions, or the advocate representing the Attorney General, may require the coroner to summon a person who is believed to have useful information for the inquest.

150. The Director of Criminal and Penal Prosecutions or the advocate representing the Attorney General may require the coroner to summon any person he believes in a position to furnish information useful to the inquest or that might enlighten the coroner. 1983, c. 41, s. 150; 2005, c. 34, s. 69.
Section 150Verify source
§ 151Section 151Provision

Source excerpt

Witnesses must testify outside each other’s presence if the coroner orders it.

151. The witnesses shall testify out of each other’s presence if the coroner so orders, of his own application or on application by the Director of Criminal and Penal Prosecutions, the advocate representing the Attorney General or an interested person. 1983, c. 41, s. 151; 2005, c. 34, s. 70; I.N. 2016-01-01 (NCCP).
Section 151Verify source
§ 152Section 152Provision

Source excerpt

The Director of Criminal and Penal Prosecutions, or an advocate representing the Attorney General, may examine or cross-examine any witness.

152. The Director of Criminal and Penal Prosecutions or the advocate representing the Attorney General may examine or cross-examine any witness. 1983, c. 41, s. 152; 2005, c. 34, s. 71.
Section 152Verify source
§ 153Section 153Provision

Source excerpt

A coroner may accept certain reports as proof instead of live testimony, unless relevance is shown for examining the author.

153. A coroner may admit in proof a medical report, an expertise, or an official police report in lieu of the testimony of the physician, expert or peace officer who prepared it unless an interested person, the Director of Criminal and Penal Prosecutions or the advocate representing the Attorney General proves to the coroner the relevance, for the purposes of the inquest, of examining the author of such report or expertise. 1983, c. 41, s. 153; 2005, c. 34, s. 72.
Section 153Verify source
§ 154Section 154Provision

Source excerpt

The coroner controls the conduct of the inquest and must ensure it is equitable.

154. The coroner has authority over presentation of the proof and the conduct of the inquest. The coroner shall ensure that the inquest is conducted in an equitable manner. He may admit any evidence he considers relevant to the purposes of the inquest, exclude any evidence that is repetitious or the conclusiveness of which is minimal, and limit any vexatious examination or cross-examination of a witness. 1983, c. 41, s. 154; 1999, c. 60, s. 2.
Section 154Verify source
§ 155Section 155Provision

Source excerpt

A person who disrupts the inquest commits contempt of court.

155. Any person who disrupts the inquest is guilty of contempt of court. 1983, c. 41, s. 155.
Section 155Verify source
§ 156Section 156Provision

Source excerpt

The coroner may not hold or continue an inquest into a death in specified criminal proceedings unless the Minister of Public Security and the Attorney General jointly authorize it, and only until the proceedings’ judgment is final (res judicata).

156. Notwithstanding sections 104 and 106, in no case where a person against whom criminal proceedings are brought in respect of a death may the coroner, except with the joint authorization of the Minister of Public Security and of the Attorney General, hold or continue an inquest into the death until the judgment on those proceedings has acquired the status of res judicata. The coroner shall then inform the Chief Coroner thereof. 1983, c. 41, s. 156; 1986, c. 86, s. 32; 1988, c. 46, s. 24.
Section 156Verify source
§ 157Section 157Provision

Source excerpt

The coroner may close an inquest if new facts justify it, and must adjourn it if the circumstances require or if the Chief Coroner applies.

157. The coroner may close the inquest if justified by new facts. He shall adjourn it if the circumstances so require or on application by the Chief Coroner. 1983, c. 41, s. 157; I.N. 2016-01-01 (NCCP).
Section 157Verify source
§ 158Section 158Provision

Source excerpt

A coroner must resume an adjourned inquest if the Minister of Public Security requires it.

158. The coroner shall resume an adjourned inquest if the Minister of Public Security so requires. The Chief Coroner may order a coroner to resume an adjourned inquest on his motion. 1983, c. 41, s. 158; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 158Verify source
§ 159Section 159Provision

Source excerpt

The Chief Coroner may reopen an inquest if new facts justify it, and must do so if the Minister of Public Security requires it.

159. The Chief Coroner may order the reopening of an inquest if justified by new facts. He shall do so if the Minister of Public Security so requires. If the coroner who had been conducting the inquest is no longer able to do so, the Chief Coroner may designate a new coroner to conduct the reopened inquest. 1983, c. 41, s. 159; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 159Verify source
§ 160Section 160Provision

Source excerpt

After an inquest closes, the coroner must draft the report promptly, and the report must include the information required by section 92.

160. Once the inquest is closed, the coroner shall draft his report with dispatch. The report on the inquest must contain the information contemplated in section 92. 1983, c. 41, s. 160.
Section 160Verify source
§ 161Section 161Provision

Source excerpt

The coroner must attach specified documents to the record, including a copy of the summons of the witnesses and, where applicable, related arrest warrants, decisions, stenographic transcriptions or recordings, and orders.

161. In addition to the documents mentioned in section 93, the coroner shall attach a copy of the summons of the witnesses and, where such is the case, (1) a copy of the warrant of arrest issued under section 116, 117 or 119; (2) a copy of any decision rendered under section 119; (3) the original of the transcription of the stenographic notes or recordings; (4) a copy of the order made under section 146. 1983, c. 41, s. 161.
Section 161Verify source
§ 162Section 162Provision

Source excerpt

Sections 94 to 102 apply, with necessary modifications, to the report of inquest and accompanying documents.

162. Sections 94 to 102 apply, with the necessary modifications, to the report of inquest and any documents accompanying it. Sections 101 and 102 also apply to an interested person within the meaning of section 136. 1983, c. 41, s. 162; 2020, c. 20, s. 36.
Section 162Verify source
§ 162.1Section 162.1Provision

Source excerpt

After the coroner transmits the inquest report, the witness summonses and certain section 161 documents are public and may be consulted by anyone.

162.1. Notwithstanding section 162, once the coroner has transmitted his report of inquest, the summons of the witnesses and the documents referred to in paragraphs 1 to 3 of section 161 are public and may be consulted by any person. However, the coroner may, if he considers it necessary in the public interest or for the protection of the privacy of a person, his reputation or his right to a just and fair trial, ban the publication or release of the summons or documents. 1986, c. 95, s. 289.
Section 162.1Verify source
§ 163Section 163Provision

Source excerpt

The Government must establish, by regulation, the recruitment and selection procedure for qualified candidates for coroner, Chief Coroner, or Deputy Chief Coroner.

163. The Government shall establish, by regulation, the procedure for recruiting and selecting persons qualified for appointment as coroner, Chief Coroner or Deputy Chief Coroner. The regulation may, in particular, (1) determine the publicity to be made for recruitment purposes and its content; (2) determine the eligibility requirements and the application procedure to be followed by candidates; (3) authorize the establishment of selection committees to assess the qualifications of candidates and formulate an opinion concerning them, and determine the composition of the committees and the mode of appointment of committee members; (4) determine the selection criteria to be taken into account by a committee; (5) determine the information a committee may require from a candidate and the consultations it may hold; and (6) determine the period for which a certificate of qualification is valid. 1983, c. 41, s. 163; 1985, c. 29, s. 44; 1991, c. 44, s. 7; 2020, c. 20, s. 37.
Section 163Verify source
§ 163.1Section 163.1Provision

Source excerpt

163.1. The Government shall establish, by regulation, the procedure for renewing a coroner’s term. The regulation may, in particular, (1) authorize the establishment of examination committees and determine their composition and the mode of

163.1. The Government shall establish, by regulation, the procedure for renewing a coroner’s term. The regulation may, in particular, (1) authorize the establishment of examination committees and determine their composition and the mode of appointment of committee members; (2) determine the criteria to be taken into account by a committee; and (3) determine the information a committee may require from a coroner and the consultations it may hold. An examination committee may not make a recommendation against renewing a coroner’s term without first informing the office holder of its intention to do so and of the reasons for its recommendation, and without giving the office holder an opportunity to make representations. 2020, c. 20, s. 37.
Section 163.1Verify source
§ 163.2Section 163.2Provision

Source excerpt

Members of a selection committee or an examination committee generally receive no remuneration, unless the Government determines otherwise. They are entitled to reimbursement of expenses incurred in performing their duties, on Government-determined conditions.

163.2. The members of a selection committee or of an examination committee receive no remuneration except in the cases and on the conditions that may be determined by the Government. They are, however, entitled to the reimbursement of any expenses incurred in the performance of their duties, on the conditions determined by the Government. 2020, c. 20, s. 37.
Section 163.2Verify source
§ 163.3Section 163.3Provision

Source excerpt

Members of a selection committee or examination committee are protected from judicial proceedings for acts done in good faith while performing their duties.

163.3. No judicial proceedings may be brought against the members of a selection committee or of an examination committee for any act done in good faith in the performance of their duties. 2020, c. 20, s. 37.
Section 163.3Verify source
§ 163.4Section 163.4Provision

Source excerpt

The Government must determine basic training criteria and continuing education requirements by regulation.

163.4. The Government shall determine, by regulation, basic training criteria and continuing education requirements. 2020, c. 20, s. 37.
Section 163.4Verify source
§ 164Section 164Provision

Source excerpt

The Government must publish certain draft regulations in the Gazette officielle du Québec, with a notice that they may be adopted after 30 days. Regulations generally come into force on the tenth day after publication, unless a later date is stated.

164. The Government shall publish in the Gazette officielle du Québec a draft regulation contemplated in section 163, 163.1 or 163.4, with a notice indicating that it may be adopted, with or without amendments, on the expiry of 30 days from that publication. Regulations come into force on the tenth day following that of their publication in the Gazette officielle du Québec or on any later date indicated therein. 1983, c. 41, s. 164; 2020, c. 20, s. 38.
Section 164Verify source
§ 165Section 165Amendment

Source excerpt

The Chief Coroner must publish certain ethics regulations in the Gazette officielle du Québec with a notice that they will be sent to the Government for approval after 30 days.

165. The Chief Coroner shall publish in the Gazette officielle du Québec any regulation respecting the coroners’ code of ethics with a notice indicating that it will be submitted to the Government for approval at the expiry of 30 days from publication. The Government may amend the regulations submitted to it for approval. After approval the regulation comes into force on the tenth day following its publication in the Gazette officielle du Québec or on any later date indicated therein. 1983, c. 41, s. 165; 1985, c. 29, s. 45; 1991, c. 44, s. 8.
Section 165Verify source
§ 166Section 166Repeal

Source excerpt

166. (Repealed). 1983, c. 41, s. 166; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2020, c. 20, s. 39.

166. (Repealed). 1983, c. 41, s. 166; 1986, c. 86, s. 38; 1988, c. 46, s. 24; 2020, c. 20, s. 39.
Section 166Verify source
§ 167Section 167Offence

Source excerpt

The Government may make regulations about handling certain dead bodies, objects, and documents, after consulting the Chief Coroner.

167. The Government may, by regulation, and after consultation with the Chief Coroner, adopt any norms, scales, conditions and rules of procedure respecting the identification, transportation, preservation or keeping, custody and return or remittal of the dead bodies, objects and documents contemplated in this Act and determine the provisions of the regulation to contravene which is an offence. The regulation comes into force on the tenth day following that of its publication in the Gazette officielle du Québec or on any later date fixed therein. 1983, c. 41, s. 167.
Section 167Verify source
§ 168Section 168Provision

Source excerpt

The Government may make regulations setting tariffs and related charges for coroners’ pay, reimbursements, transport and preservation costs, inquest indemnities, transcription charges, and certified copies, after consulting the Chief Coroner.

168. The Government may, by regulation, after consultation with the Chief Coroner, adopt tariffs establishing (1) the remuneration of part-time coroners; (2) the sums to be reimbursed to the Chief Coroner, Deputy Chief Coroners or coroners for any expenses made or incurred in the performance of their duties; (3) the costs of transporting, keeping and preserving dead bodies which a coroner or another authorized person takes possession of; (4) the cost of any other service required for the administration of this Act; (5) the indemnities of the persons summoned to the inquest; (6) the amount of the charge to be paid for transcribing the stenographic notes and recordings made at an inquest or for obtaining copy of the transcription; (7) the amount of the charge to be paid to obtain a certified copy of the report of investigation or inquest or a document listed in section 93 or 161. The Government may also, by regulation, determine in which cases, on what conditions and to which categories of persons the tariffs apply. 1983, c. 41, s. 168; 1985, c. 29, s. 46; 1991, c. 44, s. 9; 2020, c. 20, s. 40.
Section 168Verify source
§ 168.1Section 168.1Provision

Source excerpt

A government regulation may set the amounts, eligibility requirements, and payment terms for certain financial assistance granted by the Chief Coroner.

168.1. A government regulation may be made to determine the amounts, the eligibility requirements and the terms and conditions of payment of the financial assistance the Chief Coroner may grant to members of a deceased person’s family under section 125.1 to cover expenses incurred for legal assistance and representation during a coroner’s inquest following an independent investigation conducted by the Bureau des enquêtes indépendantes in accordance with section 289.1 of the Police Act (chapter P-13.1). 2013, c. 6, s. 9; I.N. 2021-10-01.
Section 168.1Verify source
§ 169Section 169Provision

Source excerpt

Regulations under section 168 start on the tenth day after publication in the Gazette officielle du Québec, unless a later date is stated.

169. The regulations contemplated in section 168 come into force on the tenth day following that of their publication in the Gazette officielle du Québec or on any later date indicated therein. 1983, c. 41, s. 169.
Section 169Verify source
§ 170Section 170Offence

Source excerpt

A person commits an offence if they violate certain listed sections, fail to comply with certain regulations or orders, or hinder specified coroner officials or authorized persons in carrying out their duties.

170. Every person is guilty of an offence who, by act or omission, (1) contravenes section 34, the second paragraph of section 35, sections 36 to 43 or section 78; (2) does not comply with a regulation made under section 167 to contravene which is an offence; (3) does not comply with an order of the Chief Coroner, a Deputy Chief Coroner or a coroner, except where this Act stipulates that non-compliance with the order constitutes contempt of court; (4) hinders or attempts to hinder the Chief Coroner, a Deputy Chief Coroner, a coroner or a person authorized to act under this Act, in the performance of his duties. 1983, c. 41, s. 170.
Section 170Verify source
§ 171Section 171Offence

Source excerpt

A person convicted of an offence under section 170 is liable to a fine; repeat convictions carry a higher fine.

171. Every person convicted of an offence under any provision of section 170 is liable to a fine of $125 to $3,050 and, in the case of a second or subsequent conviction, to a fine of $250 to $6,075. 1983, c. 41, s. 171; 1990, c. 4, s. 746; 1991, c. 33, s. 115.
Section 171Verify source
§ 172Section 172Repeal

Source excerpt

Section 172 is repealed.

172. (Repealed). 1983, c. 41, s. 172; 1990, c. 4, s. 747.
Section 172Verify source
§ 173Section 173Provision

Source excerpt

A coroner may condemn a person for contempt of court committed in the coroner’s presence if the person has had an opportunity to be heard.

173. A coroner may condemn any person who is guilty of contempt of court in his presence, provided that person has been given the opportunity to be heard. 1983, c. 41, s. 173.
Section 173Verify source
§ 174Section 174Provision

Source excerpt

If a person is guilty of contempt of court outside the coroner’s presence, the coroner, Chief Coroner, or Attorney General may ask the Superior Court for an order requiring the person to appear.

174. Where a person is guilty of contempt of court out of the presence of the coroner, the latter, the Chief Coroner or the Attorney General may apply to the Superior Court for an order enjoining that person to appear before the Court, on the day and at the time specified, to hear proof of the acts with which he is charged and to urge any grounds of defense he may have. The application for obtaining such order may be presented without being served. However, the order to appear must be served on the person summoned in accordance with the Code of Civil Procedure (chapter C-25.01). 1983, c. 41, s. 174; I.N. 2016-01-01 (NCCP).
Section 174Verify source
§ 175Section 175Offence

Source excerpt

If a contempt judgment includes a conviction, it must state the penalty and the facts it is based on.

175. Judgment for contempt of court is rendered after summary hearing. If the judgment contains a conviction, it must state the penalty imposed and set forth the facts on which it is based; it is executory as a judgment rendered in a penal matter. 1983, c. 41, s. 175; 1990, c. 4, s. 748.
Section 175Verify source
§ 176Section 176Offence

Source excerpt

A person convicted of contempt of court under this Act is liable to the penalties in article 62 of the Code of Civil Procedure.

176. Every person convicted of contempt of court under this Act is liable to the penalties mentioned in article 62 of the Code of Civil Procedure (chapter C-25.01). 1983, c. 41, s. 176; 1990, c. 4, s. 749; I.N. 2016-01-01 (NCCP).
Section 176Verify source
§ 177Section 177Provision

Source excerpt

177. An appeal lies to the Court of Appeal from any conviction or acquittal for contempt of court. 1983, c. 41, s. 177.

177. An appeal lies to the Court of Appeal from any conviction or acquittal for contempt of court. 1983, c. 41, s. 177.
Section 177Verify source
§ 178Section 178Provision

Source excerpt

This Act binds the Government and its departments and agencies that are mandataries of the State.

178. This Act binds the Government and its departments and agencies that are mandataries of the State. 1983, c. 41, s. 178; 1999, c. 40, s. 241.
Section 178Verify source
§ 179Section 179Provision

Source excerpt

This section says the Act overrides inconsistent confidentiality or non-disclosure laws, but an advocate cannot be compelled to disclose confidential information gained in professional practice, and the same rule applies to a minister of religion for information received because of that position.

179. This Act applies notwithstanding any inconsistent provision of a general law or special Act providing for the confidentiality or non-disclosure of certain information or documents. However, no advocate may be compelled under this Act to disclose confidential information revealed to him in the exercise of his profession. The same applies to a minister of religion in respect of confidential information revealed to him by reason of his position. 1983, c. 41, s. 179.
Section 179Verify source
§ 180Section 180Provision

Source excerpt

180. The provisions of this Act concerning documents that are consulted or transmitted during an investigation or inquest as well as reports of investigation or inquest and documents accompanying them apply notwithstanding the Act

180. The provisions of this Act concerning documents that are consulted or transmitted during an investigation or inquest as well as reports of investigation or inquest and documents accompanying them apply notwithstanding the Act respecting Access to documents held by public bodies and the Protection of personal information (chapter A-2.1). 1983, c. 41, s. 180; 2020, c. 20, s. 41.
Section 180Verify source
§ 180.1Section 180.1Provision

Source excerpt

The Minister may enter into agreements with two named bodies to determine their contribution to financing coroners’ investigations tied to automobile or industrial accidents.

180.1. The Minister may enter into agreements with the Société de l’assurance automobile du Québec and the Commission des normes, de l’équité, de la santé et de la sécurité du travail for the purpose of determining, where applicable, their contribution to the financing of coroners’ investigations related to automobile accidents or industrial accidents, as the case may be. 1999, c. 60, s. 3; 2015, c. 15, s. 237.
Section 180.1Verify source
§ 181Section 181Provision

Source excerpt

Certain charges, fines, and sums must be paid into the Consolidated Revenue Fund.

181. The charges collected according to a tariff made under section 168, fines collected pursuant to Chapter VII and sums collected under the agreements entered into pursuant to section 180.1 are paid into the Consolidated Revenue Fund. 1983, c. 41, s. 181; 1992, c. 61, s. 506; 1999, c. 60, s. 4.
Section 181Verify source
§ 182Section 182Provision

Source excerpt

Certain examinations or autopsies done under this Act by a health professional count as a service under the Health Insurance Act if they are performed in specified facilities and the professional is not a civil servant at the Laboratoire de sciences judiciaires et de médecine légale or bound to it by a service contract.

182. Every examination or autopsy made or performed under this Act by a professional in the field of health is a service within the meaning of subparagraph a of the first paragraph of section 3 of the Health Insurance Act (chapter A-29), provided it is made or performed in a facility maintained by an institution within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5), the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or the Act respecting the governance of the health and social services system (chapter G-1.021), that the professional in the field of health is not a civil servant, within the meaning of the Public Service Act (chapter F-3.1.1), employed at the Laboratoire de sciences judiciaires et de médecine légale or is not bound to the latter by a service contract. In other cases, the costs of the examination or autopsy are taken out of the sums required for the administration of this Act. 1983, c. 41, s. 182; 1983, c. 55, s. 161; 1992, c. 21, s. 288, s. 375; 1994, c. 23, s. 23; 2020, c. 20, s. 44; 2023, c. 34, s. 990.
Section 182Verify source
§ 183Section 183Provision

Source excerpt

Act funding comes from annual parliamentary appropriations, but a coroner may charge investigation and necessary inquest costs to the Consolidated Revenue Fund in certain death-in-emergency cases.

183. The sums required for the implementation of this Act are taken out of the appropriations granted annually for such purpose by Parliament. Notwithstanding the first paragraph, where a coroner conducts an investigation and, where necessary, holds an inquest into the death of a person that has occurred during an event for which a state of emergency was declared under the Act respecting civil protection to promote disaster resilience (chapter S-2.4), the sums required for the investigation and, where necessary, the inquest, may be taken out of the Consolidated Revenue Fund. 1983, c. 41, s. 183; 2001, c. 76, s. 150; 2024, c. 18, s. 9.
Section 183Verify source
§ 184Section 184Provision

Source excerpt

The Minister of Public Security is responsible for administering this Act.

184. The Minister of Public Security is responsible for the administration of this Act. 1983, c. 41, s. 184; 1986, c. 86, s. 38; 1988, c. 46, s. 24.
Section 184Verify source
§ 185Section 185Provision

Source excerpt

185. (Omitted). 1983, c. 41, s. 185.

185. (Omitted). 1983, c. 41, s. 185.
Section 185Verify source
§ 186Section 186Provision

Source excerpt

Some coroners automatically become permanent coroners or part-time coroners, and certain permanent coroners keep their existing salary, pension plan, and social benefits.

186. Persons appointed coroners in accordance with the Public Service Act (chapter F-3.1.1) and exercising the duties of coroner in accordance with the Coroners Act (chapter C-68) on the day of coming into force of the first paragraph of section 5 of this Act become permanent coroners within the meaning of this Act. Other persons appointed coroners in accordance with the Coroners Act and who are in office on the day of coming into force of the second paragraph of section 5 of this Act become part-time coroners within the meaning of this Act. Notwithstanding sections 19 and 20, a permanent coroner contemplated in the first paragraph shall receive the same salary and benefit by the same pension plan and social benefits to which he was entitled before the coming into force of this section. 1983, c. 41, s. 186; 1983, c. 55, s. 161.
Section 186Verify source
§ 187Section 187Provision

Source excerpt

The Chief Coroner may change where coroners already in office may exercise their duties, even if their appointment deed has a special clause about that territory.

187. The Chief Coroner may change the territory in which coroners in office on the day of coming into force of this section may exercise their duties, notwithstanding any special clause in that respect in their deed of appointment. 1983, c. 41, s. 187.
Section 187Verify source
§ 188Section 188Provision

Source excerpt

Ongoing coroner investigations or inquests must be completed under the Coroners Act, and a coroner may not decide civil liability or criminal responsibility.

188. Any investigation or inquest in progress under the Coroners Act (chapter C-68) at the coming into force of section 185 is completed in accordance with the said Act, but no coroner may find on a person’s civil liability or criminal responsibility. The same rule applies to an inquest held to give effect to an investigation in progress. Sections 86 to 90 and 141 to 148 and Chapter VII apply to such an investigation or inquest if they are then in force. 1983, c. 41, s. 188.
Section 188Verify source
§ 189Section 189Repeal

Source excerpt

Regulations made under the Coroners Act stay in force until they are replaced or repealed under this Act.

189. Regulations made under the Coroners Act (chapter C-68) remain in force until they are replaced or repealed under this Act. 1983, c. 41, s. 189.
Section 189Verify source
§ 190Section 190Provision

Source excerpt

190. (Omitted). 1983, c. 41, s. 190.

190. (Omitted). 1983, c. 41, s. 190.
Section 190Verify source
§ 191Section 191Provision

Source excerpt

191. (Omitted). 1983, c. 41, s. 191.

191. (Omitted). 1983, c. 41, s. 191.
Section 191Verify source
§ 192Section 192Provision

Source excerpt

192. (Omitted). 1983, c. 41, s. 192.

192. (Omitted). 1983, c. 41, s. 192.
Section 192Verify source
§ 193Section 193Amendment

Source excerpt

193. (Amendment integrated into c. C-80, s. 12). 1983, c. 41, s. 193.

193. (Amendment integrated into c. C-80, s. 12). 1983, c. 41, s. 193.
Section 193Verify source
§ 194Section 194Provision

Source excerpt

Section 194 is omitted.

194. (Omitted). 1983, c. 41, s. 194.
Section 194Verify source
§ 195Section 195Provision

Source excerpt

195. (Omitted). 1983, c. 41, s. 195.

195. (Omitted). 1983, c. 41, s. 195.
Section 195Verify source
§ 196Section 196Amendment

Source excerpt

This section is an amendment note stating the provision was integrated into c. E-8, s. 6.

196. (Amendment integrated into c. E-8, s. 6). 1983, c. 41, s. 196.
Section 196Verify source
§ 197Section 197Amendment

Source excerpt

197. (Amendment integrated into c. E-8, s. 21). 1983, c. 41, s. 197.

197. (Amendment integrated into c. E-8, s. 21). 1983, c. 41, s. 197.
Section 197Verify source
§ 198Section 198Amendment

Source excerpt

This section states that an amendment has been integrated into c. E-8, ss. 34.1-34.2, and cites 1983, c. 41, s. 198.

198. (Amendment integrated into c. E-8, ss. 34.1-34.2). 1983, c. 41, s. 198.
Section 198Verify source
§ 199Section 199Amendment

Source excerpt

199. (Amendment integrated into c. I-11, s. 3). 1983, c. 41, s. 199.

199. (Amendment integrated into c. I-11, s. 3). 1983, c. 41, s. 199.
Section 199Verify source
§ 200Section 200Amendment

Source excerpt

This section notes that an amendment was integrated into c. I-11, section 16.

200. (Amendment integrated into c. I-11, s. 16). 1983, c. 41, s. 200.
Section 200Verify source
§ 201Section 201Amendment

Source excerpt

201. (Amendment integrated into c. J-2, s. 4). 1983, c. 41, s. 201.

201. (Amendment integrated into c. J-2, s. 4). 1983, c. 41, s. 201.
Section 201Verify source
§ 202Section 202Amendment

Source excerpt

202. (Amendment integrated into c. P-35, s. 47). 1983, c. 41, s. 202.

202. (Amendment integrated into c. P-35, s. 47). 1983, c. 41, s. 202.
Section 202Verify source
§ 203Section 203Amendment

Source excerpt

This section states that an amendment was integrated into c. P-35, s. 52, and gives the historical citation 1983, c. 41, s. 203.

203. (Amendment integrated into c. P-35, s. 52). 1983, c. 41, s. 203.
Section 203Verify source
§ 204Section 204Amendment

Source excerpt

204. (Amendment integrated into c. P-35, s. 61). 1983, c. 41, s. 204.

204. (Amendment integrated into c. P-35, s. 61). 1983, c. 41, s. 204.
Section 204Verify source
§ 205Section 205Amendment

Source excerpt

This section states that an amendment has been integrated into c. S-2.1, section 160, and cites 1983, chapter 41, section 205.

205. (Amendment integrated into c. S-2.1, s. 160). 1983, c. 41, s. 205.
Section 205Verify source
§ 206Section 206Amendment

Source excerpt

206. (Amendment integrated into c. S-5, s. 7). 1983, c. 41, s. 206.

206. (Amendment integrated into c. S-5, s. 7). 1983, c. 41, s. 206.
Section 206Verify source
§ 207Section 207Amendment

Source excerpt

This section only gives amendment-history notes: it says the amendment was integrated into c. S-5, s. 118, and cites 1983, c. 41, s. 207.

207. (Amendment integrated into c. S-5, s. 118). 1983, c. 41, s. 207.
Section 207Verify source
§ 208Section 208Amendment

Source excerpt

This section contains only amendment and citation notes.

208. (Amendment integrated into c. T-10, s. 5). 1983, c. 41, s. 208.
Section 208Verify source
§ 209Section 209Amendment

Source excerpt

209. (Amendment integrated into c. T-16, s. 4). 1983, c. 41, s. 209.

209. (Amendment integrated into c. T-16, s. 4). 1983, c. 41, s. 209.
Section 209Verify source
§ 210Section 210Amendment

Source excerpt

This section notes that an amendment was integrated into c. T-16, s. 70, and gives a citation to 1983, c. 41, s. 210.

210. (Amendment integrated into c. T-16, s. 70). 1983, c. 41, s. 210.
Section 210Verify source
§ 211Section 211Amendment

Source excerpt

This section only notes that an amendment was integrated into c. T-16, s. 174, and gives a citation to 1983, c. 41, s. 211.

211. (Amendment integrated into c. T-16, s. 174). 1983, c. 41, s. 211.
Section 211Verify source
§ 212Section 212Provision

Source excerpt

Section 212 states that the section ceased to have effect on 21 November 1989.

212. (This section ceased to have effect on 21 November 1989). 1983, c. 41, s. 212; U. K., 1982, c. 11, Sch. B, Part I, s. 33.
Section 212Verify source
§ 213Section 213Provision

Source excerpt

213. (Omitted). 1983, c. 41, s. 213.

213. (Omitted). 1983, c. 41, s. 213.
Section 213Verify source
§ ISchedule IProvision

Source excerpt

The coroner must swear to carry out the duties of office honestly, impartially, and justly, and must not take extra payment or other consideration beyond what the law allows.

OATH OF THE CORONER I declare under oath, that I will discharge the duties of my office of coroner honestly, impartially and justly, and I will not accept any sum of money or other consideration for what I may do in discharging the duties of my office apart from what will be allowed to me by law. 1983, c. 41, Schedule I; 1985, c. 29, s. 47; 1991, c. 44, s. 10; 1999, c. 40, s. 241.
Section IVerify source
§ IISchedule IIProvision

Source excerpt

The oath requires the Chief Coroner or Deputy Chief Coroner to perform office duties honestly, impartially, and justly, and not to take money or other consideration except what is allowed by law.

OATH OF THE CHIEF CORONER AND DEPUTY CHIEF CORONERS I declare under oath that I will discharge the duties of my office of Chief Coroner (or Deputy Chief Coroner) honestly, impartially and justly, and I will not accept any sum of money or other consideration for what I may do in discharging the duties of my office apart from what will be allowed to me by law. 1983, c. 41, Schedule II; 1999, c. 40, s. 241.
Section IIVerify source
§ —ScheduleRepeal

Source excerpt

This schedule repeals specified parts of chapter 41 of the statutes of 1983, with some sections excepted, when the relevant consolidations or updates to chapter R-0.2 come into force.

In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), chapter 41 of the statutes of 1983, in force on 1 March 1985, is repealed, except sections 190 to 192 and 213, effective from the coming into force of chapter R-0.2 of the Revised Statutes. In accordance with section 17 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), section 103.1 of chapter 41 of the statutes of 1983, in force on 1 March 1986, is repealed effective from the coming into force of the updating to 1 March 1986 of chapter R-0.2 of the Revised Statutes. In accordance with section 9 of the Act respecting the consolidation of the statutes and regulations (chapter R-3), sections 1 to 4, 34 to 40, 42 to 44, 44.1, 45 to 103, 103.2 to 103.6, 104 to 162, 170 to 182, 185 to 188, 191 and 193 to 211 of chapter 41 of the statutes of 1983, in force on 1 September 1986, are repealed effective from the coming into force of the updating to 1 September 1986 of chapter R-0.2 of the Revised Statutes.
ScheduleVerify source

Legislative relationships

17 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

7 instruments

  • Act respecting the governance of the health and social services system (chapter G-1.021) or the Act

    Section 40

  • Canada Evidence Act

    Section 127

  • Code of Civil Procedure. 176. Every person convicted of contempt of court under this Act

    Section 176

  • Corrections and Conditional Release Act

    Section 38

  • Courts of Justice Act

    Sections 11, 122

  • Educational Childcare Act

    Section 39

  • Funeral Operations Act

    Section 80

G–M

3 instruments

  • Government or of another government for the purposes of the administration of this Act

    Section 33

  • Health Insurance Act

    Section 182

  • Individual and Family Assistance Act

    Section 37

N–S

7 instruments

  • Police Act

    Section 168.1

  • Public Security is responsible for administering this Act

    Section 184

  • Public Service Act

    Section 24

  • Québec or remitted in accordance with Chapter V of the Funeral Operations Act

    Section 78

  • regulations submitted to it for approval. After approval the regulation

    Section 165

  • Revised Statutes. In accordance with section 17 of the Act

    Section Schedule

  • State. 178. This Act

    Section 178

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