Acts and Regulations

84-79 - Fees and Forms

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Current to 1 January 2024
NEW BRUNSWICK
REGULATION 84-79
under the
Coroners Act
(O.C. 84-338)
Filed May 9, 1984
Under section 45 of the Coroners Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the Fees and Forms Regulation - Coroners Act.
2(1)The following fees and allowances are prescribed for the purposes of the Act:
(a) expert witnesses:
notwithstanding paragraph (i), the fees and allowances paid to expert witnesses under the Table of Witness Fees Regulation - Provincial Offences Procedure Act apply mutatis mutandis to fees and allowances to be paid expert witnesses under the Coroners Act and for the purposes of the application of the Table of Witness Fees Regulation - Provincial Offences Procedure Act, the appropriate approving authority is the coroner holding the inquest;
(b) expert consultants:
(i) acting at the request of the Chief Coroner, not exceeding per half day.............. $25.00
(c) subject to paragraph (c.1), medical practitioners:
(i) post-mortem examination without dissection.............. $250
(ii) post-mortem examination with dissection by a qualified pathologist or analytical expert, analysis and preparation of related reports
(A) if performed before September 30, 2014.............. $663
(B) if performed on or after October 1, 2014.............. $730
(iii) type 2 forensic post-mortem examination with dissection by a qualified pathologist or analytical expert, analysis and preparation of related reports
(A) if performed before September 30, 2014.............. $1,114
(B) if performed on or after October 1, 2014.............. $1,194
(c.1) the fee or allowance payable to a medical practitioner shall be increased by 35% if the post-mortem examination begins
(i) on a Saturday or holiday, or
(ii) after 6 p.m. of any day and before 8 a.m. of the following day;
(d) coroners:
(i) conducting an investigation, per hour.............. $25.00
(ii) conducting an inquest per half day (limit of fifty dollars per inquest).............. $25.00
(e) interpreters:
(i) attending inquest as interpreter, per half day.............. $12.50
(f) jurors:
notwithstanding paragraph (i), the fees and allowances paid to persons under the Jurors’ Fees Regulation - Jury Act apply mutatis mutandis to fees and allowances to be paid to jurors under the Coroners Act;
(g) witnesses:
notwithstanding paragraph (i), the fees and allowances paid to witnesses under the Table of Witness Fees Regulation - Provincial Offences Procedure Act apply mutatis mutandis to fees and allowances paid to witnesses under the Coroners Act and for the purposes of the application of the Table of Witness Fees Regulation - Provincial Offences Procedure Act, the appropriate approving authority is the coroner holding the inquest;
(h) Repealed: 2009-146
(i) miscellaneous:
(i) reasonable living expenses when away from the ordinary place of residence shall be as approved by the Chief Coroner;
(ii) actual travel expenses reasonably and necessarily incurred may be allowed by the Chief Coroner in the case of a person not a resident of New Brunswick, who, at the request of the Chief Coroner, travels from a point outside the Province to assist with an investigation or attend an inquest;
(iii) the Chief Coroner may provide for additional payment to medical practitioners, coroners and expert consultants in special circumstances;
(iv) all fees and allowances shall be submitted to the Chief Coroner within sixty days of completion of the investigation or inquest;
(v) all fees shall be at the discretion of and be taxed by the Chief Coroner;
(vi) no person acting as a coroner shall receive fees for acting in any other capacity; and
(vii) no fees shall be paid to a coroner who holds office in an ex officio capacity.
2(2)Despite paragraphs (1)(f), (g) and (i), unless the inquest is held outside of the regular working hours of a witness or juror, jurors’ fees and witness fees are not payable to persons who are employees of the following:
(a) the federal government;
(b) the Province; or
(c) a local government.
85-129; 87-140; 2003-25; 2005-69; 2006-57; 2009-146; 2013-14; 2014-148; 2017, c.20, s.44
3A coroner’s declaration made pursuant to section 10 of the Act shall be in Form 1.
4A warrant of the coroner to summon the jury made pursuant to section 10 of the Act shall be in Form 2.
5A summons to a juror made pursuant to section 12 of the Act shall be in Form 3.
6A summons to a witness made pursuant to section 13 of the Act shall be in Form 4.
7A warrant against a witness for contempt of summons made pursuant to section 14 of the Act shall be in Form 5.
8A commitment for non-payment of a fine, etc., made pursuant to sections 16 and 18 of the Act shall be in Form 6.
9An oath of a juror pursuant to section 19 of the Act shall be in Form 7.
10An oath of a witness pursuant to section 19 of the Act shall be in Form 8.
11A coroner’s certificate regarding qualification of jurors made pursuant to section 20 of the Act shall be in Form 9.
12An inquisition made pursuant to section 26 of the Act shall be in Form 10.
13A coroner’s summons to a medical practitioner and authorization for an autopsy made pursuant to section 31 of the Act shall be in Form 11.
14A warrant for burial made pursuant to sections 37 and 42 of the Act shall be in Form 12.
15Regulation 72-10 under the Coroners Act is repealed.
N.B. This Regulation is consolidated to January 1, 2018.