2(1)The Lieutenant-Governor in Council may appoint a person as Chief Coroner for the Province.

2(2)The Lieutenant-Governor in Council may appoint one or more persons as coroners for the Province.

2(3)The Chief Coroner

2(5)The Minister may designate a coroner to be the Deputy Chief Coroner for the Province, who shall perform such duties as may be assigned by the Minister or by the Chief Coroner and who, when the position of Chief Coroner is vacant or when the Chief Coroner is unable to act by reason of interest, illness, absence or any other cause, shall perform the duties and exercise the powers of the Chief Coroner.

2.1(1)The Minister may designate a coroner to be a regional coroner who shall have, subject to the direction of the Chief Coroner, general supervision of the coroners within one or more regions designated by the Minister and such other duties and powers as may be assigned by the Minister or by the Chief Coroner.

2.1(2)No designation made under subsection (1) affects the jurisdiction of a coroner for the Province to act anywhere in the Province.

5(1)Where he has reason to believe that a person died in any of the circumstances mentioned in section 4, no person shall embalm, cremate, apply any chemical externally or internally to, or make any alteration of any kind to the body of the deceased or remove any part from the body of the deceased for the purposes of the Human Tissue Gift Act until a coroner so directs.

5(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category I offence.

6(1)Where a person dies while a prisoner in a penitentiary, jail, correctional institution, place of secure custody or place of temporary detention, the person in charge of the penitentiary, jail, correctional institution, place of secure custody or place of temporary detention shall immediately give notice of the death to the Chief Coroner.

6(2)Where a person dies while in custody pursuant to the Family Services Act, Intoxicated Persons Detention Act, Mental Health Act or while under arrest for an offence or an alleged offence against any statute of Canada or New Brunswick, the person having actual custody of such person shall immediately give notice of the death to the Chief Coroner.

8(1)Where a person has been charged with a criminal offence arising out of a death, an inquest touching the death shall be held only upon the direction of the Minister.

8(2)Where during an inquest any person is charged with a criminal offence arising out of the death, the coroner shall discharge the jury and close the inquest, and shall then proceed as if he had determined that an inquest was unnecessary, but the Minister may direct that the inquest be re-opened.

9(1)Where a coroner is notified of a death pursuant to section 4 or 6, he shall view the body and make such investigation as is required to enable him to determine whether an inquest is necessary.

9(2)Where a coroner is of the opinion that an inquest, if any, could more conveniently be held by another coroner, he shall immediately give notice of the death to the Chief Coroner.

9(3)Where the Chief Coroner is notified of a death, whether pursuant to subsection (2) or section 4 or 6, he shall act himself or shall designate a coroner to act.

9(4)A coroner may direct any peace officer to assist him in his investigation.

9(5)Every peace officer required under this section to assist a coroner in the investigation of a death shall, within such time as the coroner directs, submit to the coroner a report of the results of any investigation he may have conducted in respect of that death in a form acceptable to the coroner.

9.1(1)A coroner or a peace officer required under section 9 to assist him in the investigation of a death, where he believes on reasonable grounds that it is necessary to do so for the purposes of an investigation under section 9, shall

9.1(2)Where anything is seized by a coroner or peace officer under subsection (1) the coroner or peace officer shall keep it in safe custody and shall return it to the person from whom it was seized as soon as is practicable after the conclusion of the investigation or, where there is an inquest, after the conclusion of the inquest, unless he is authorized or required by law to dispose of it otherwise.

9.1(2.1)A coroner may not preserve the scene of the death under paragraph (1)(d) for a period exceeding forty-eight hours, but the Chief Coroner may, in writing, extend such period

9.1(3)A person who without just cause interferes with a coroner or peace officer in the conduct of an investigation under section 9 commits an offence punishable under Part II of the Provincial Offences Procedure Act as a category F offence.

9.1(4)Without limiting the application of subsection (3), a person who refuses to permit a coroner or peace officer to inspect information in any records as required under subsection (1) may be summoned to appear before the coroner with such records and upon neglect or refusal of such person to appear the provisions of sections 14, 16 and 18 apply mutatis mutandis.

9.1(5)If this section is inconsistent with or in conflict with a provision of the Right to Information and Protection of Privacy Act, this section prevails.

9.2(1)Before or after attempting to enter any place under section 9.1, a coroner may apply for an entry warrant in accordance with the Entry Warrants Act.

9.2(2)A coroner to whom an entry warrant has been issued may search the place to which the warrant relates for the purpose of discovering material which may clarify the circumstances in which the deceased person died.

10(1)Upon completing an investigation as to whether an inquest into a death is necessary, the coroner shall make a declaration before a commissioner for taking affidavits to be read in The Court of Queen’s Bench of New Brunswick of his decision whether an inquest is necessary, together with the grounds for his decision, and shall immediately file the declaration with the Chief Coroner.

10(2)If a coroner decides that an inquest is necessary or if a coroner is required to hold an inquest under section 7, he or she shall issue a warrant to a peace officer for summoning a sufficient number of persons, duly qualified as jurors under the Jury Act, to appear before him or her at a specified time and place to form a jury of five persons to inquire into the death.

10(3)Only so many persons in excess of five shall be summoned as will be likely to form a jury after allowing for failures to attend or sufficient objection to qualification; and, if necessary to complete the jury, further jurors may be summoned at any time in like manner.

10(4)No person who has served on a jury at an inquest within the twelve months preceding the date of the coroner’s warrant shall be summoned by the peace officer or is qualified to be sworn by the coroner as a juror, except with the consent of the Chief Coroner in writing endorsed on the warrant, but, if such a person is sworn and serves as a juror, the inquest is not by that reason invalidated.

10(5)After an inquest has begun, it may continue notwithstanding that one or two jurors may become unable to act; but if three or more jurors become unable to act, the coroner shall issue a warrant for the summoning of a new jury and begin the inquest de novo.

11(1)A coroner may, subject to directions from the Chief Coroner, authorize and direct a medical practitioner, or a peace officer, to take possession of the body, view the body and make such further investigation as is required to enable the coroner to determine whether an inquest is necessary and to report to the coroner.

11(2)Upon receipt of the report the coroner shall proceed as if he himself had viewed the body and made the investigation.

13(1)The coroner may issue a summons to any person who in his opinion is able to give material evidence as to the cause of death, or as to any other matter to be inquired of at the inquest, which summons shall be served in the same manner as a summons to witness by any peace officer in any county without being backed.

13(2)The original summons may contain the names of any number of witnesses, but a copy thereof may contain the name of that witness only upon whom it is to be served.

20(1)The jurors shall be sworn by the coroner diligently to inquire touching the death of the person on whose body the inquest is about to be held, and a true verdict to give according to the evidence.

20(2)Before swearing any person as a juror, the coroner shall examine the person under oath to determine if he is qualified to serve as a juror, and the coroner shall attach to the inquisition a certificate that he examined and found qualified each person sworn as a juror.

23(1)The coroner and jury shall, at the first sittings of the inquest view the body, after which the coroner shall examine upon oath, or in cases where affirmation is allowed on affirmation, all persons who tender their evidence respecting the facts touching the death, and all persons whom he thinks expedient to examine as being likely to have knowledge of relevant facts.

23(2)It is not necessary for a jury to view the body upon which an inquest is being held if the coroner directs that the viewing of the body is dispensed with.

24(1)The evidence given at an inquest held by a coroner shall be recorded in accordance with the Recording of Evidence Act.

24(2)The stenographer or any other person in charge of recording the evidence shall before acting make oath or solemn affirmation that he or she will truly and faithfully record the evidence given at the inquest.

24(3)It is not necessary to transcribe the evidence unless the Chief Coroner orders it to be done or unless any other person orders a copy of the transcript.

24(4)Except where otherwise required by the Criminal Code (Canada), the coroner shall, as soon as possible after the holding of an inquest, file with the Chief Coroner

25(1)The coroner or jury may make recommendations as to any action that should be taken to prevent further injury or death in circumstances similar to those involved in the death that was the subject of the inquest, and the coroner shall attach any such recommendations to the inquisition.

25(2)The Chief Coroner shall report any recommendations referred to in subsection (1) together with any comments he may wish to make on these recommendations to any department or agency of Canada, the Province, a municipality or a rural community, and to any company or other person, where he has reason to believe such department, agency, company or person should be concerned with the subject matter of the recommendations.

27(1)Where a coroner is satisfied that the death of a person has occurred, but either from the nature of the event causing the death or for any other reason neither the body nor any part thereof that the coroner or jury can view can be found or recovered, the coroner may, with the consent in writing of the Chief Coroner, hold an inquest without any view of the body, in the same manner in all other respects as inquests are held under this Act.

27(2)Where a person has died outside New Brunswick, but there is reason to believe death resulted from the occurrence within New Brunswick of circumstances referred to in section 4, the Chief Coroner may, with the consent in writing of the Minister, hold or direct a coroner to hold an inquest in the same manner as inquests are held under this Act, and such inquest may be held without any view of the body if a view cannot conveniently be arranged.

27.1(1)Notwithstanding anything in the Cemetery Companies Act, the Minister may, at any time that he considers it necessary for the purposes of an investigation or an inquest, direct that a body be exhumed under and subject to such conditions as the Minister considers proper.

27.1(2)Notwithstanding anything in the Cemetery Companies Act, where a coroner has issued a warrant under subsection 10(2), the Chief Coroner may direct that the body that is the subject of the inquest be exhumed under and subject to such conditions as the Chief Coroner considers proper.

27.1(3)Subject to subsection 2(5) and subsection (2), no coroner may direct that a body be exhumed.

29(1)At an inquest if the jury, after having been out for three hours, are unable to agree upon a verdict, the coroner may discharge the jury after having first taken their findings upon such facts as they have agreed upon, if any.

29(2)The coroner shall thereupon submit the evidence taken together with such findings if any to the Chief Coroner who may order the coroner to summon another jury and hold a second inquest, either with or without a view of the body as to the Chief Coroner seems proper.

31(1)The coroner may, before or during an inquest, by summons direct a medical practitioner to make a post-mortem examination of the body of the deceased with or without an analysis of the contents of the stomach or intestines.

31(2)If a person states upon oath before the coroner that in his belief the death of the deceased was caused partly or entirely by the improper or negligent treatment of a medical practitioner or other person, such medical practitioner or other person shall not be allowed to make, or assist at, the post-mortem examination.

31(3)A medical practitioner holding a post-mortem examination shall prepare a complete and detailed report of the work done and of the result of the medical practitioner’s findings, give a copy of the report to the coroner and file a copy of the report with the nearest regional health authority as defined in the Regional Health Authorities Act.

31(4)Where the coroner, after receipt of the post-mortem report, decides that an inquest is unnecessary, he shall file the said report with the Chief Coroner together with an affidavit setting out the facts that in his opinion necessitated the holding of the post-mortem examination.

37(1)After an inquest the coroner shall grant a warrant for the burial of the deceased, which shall be delivered to any of his relatives or friends who wish to take charge of the burial.

37(2)If no person undertakes to bury the deceased, the coroner shall direct a peace officer to bury the body in a decent manner using proper economy and to render an account of the expense therefor to the coroner, which, with the peace officer’s fees for burying the body shall be paid to the peace officer out of the Consolidated Fund on the recommendation of the Chief Coroner stating that the charge is reasonable and proper.

37(3)The coroner, after view, may order a body that cannot be identified to be removed to such place as he may direct, and, if necessary, have the same prepared for burial, and the expenses of such removal, or removal and preparation for burial, shall be paid out of the Consolidated Fund upon the coroner certifying that such charges are just and reasonable.

38(1)The Chief Coroner may take over or transfer to another coroner the conduct of any investigation or inquest into a death at any stage thereof before a verdict of the jury.

38(2)The coroner assuming conduct of any investigation or inquest under subsection (1) shall be seized with exclusive jurisdiction in the matter, subject to further directions by the Chief Coroner under subsection (1), and shall be deemed to be substituted for the coroner who originally undertook the investigation or inquest.

38(3)The coroner assuming the conduct of any investigation or inquest from another coroner may continue the proceedings already commenced, or he may commence proceedings de novo.

38(4)Where the coroner assuming the conduct of any investigation or inquest commences proceedings de novo, anything theretofore done in connection with the investigation or inquest shall be of no effect.

39(1)Where The Court of Queen’s Bench of New Brunswick, or a judge thereof, upon application made by or under the authority of the Minister, is satisfied

39(2)The court or judge may order that such inquest be held by any coroner.

39(3)Upon an inquest so ordered it shall not be necessary, unless the court or judge otherwise orders, to view the body, but save as aforesaid, the inquest shall be held in like manner in all respects as any other inquest under this Act.

43(1)The Chief Coroner shall file an annual report with the Minister on the administration of this Act, including a report of inquests held during the year, investigations of deaths in which no inquests were held, and recommendations that the Chief Coroner may have arising out of inquests during the year.

43(2)The Minister shall table the report of the Chief Coroner in the Legislative Assembly not later than the tenth sitting day of the Legislative Assembly after the Minister receives the report.