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

2(2)The Chief Coroner may appoint one or more persons as coroners for the Province.

2(3)The Chief Coroner

2(5)The Minister may designate one or more coroners to be a Deputy Chief Coroner for the Province, who shall perform any duty 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.

4(1)Unless a person knows that a coroner has already been notified of the facts and circumstances relating to a death, the person shall immediately notify a coroner of the facts and circumstances if the person has reason to believe that the deceased person died

4(2)Despite paragraph (1)(e), a person shall immediately notify a coroner of the facts and circumstances relating to a death if the person has reason to believe that the deceased person died from disease, natural causes or medically assisted death under circumstances that may require an investigation.

5(1)If a person has reason to believe that another 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 2 of the Provincial Offences Procedure Act as a category I offence.

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 the coroner 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 under section 4, 5.1, 5.2 or 5.3, the coroner shall view the body and make any investigation that is required to enable the coroner 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, the coroner shall immediately give notice of the death to the Chief Coroner.

9(3)Where the Chief Coroner is notified of a death, whether under subsection (2) or section 4, 5.1, 5.2 or 5.3, the Chief Coroner shall act or shall designate a coroner to act.

9(4)A coroner may direct any peace officer to assist in the 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 the peace officer 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 in the investigation of a death, if the coroner 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 the circumstances permit after the conclusion of the investigation or, if there is an inquest, after the conclusion of the inquest, unless the coroner or police officer 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 2 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 King’s Bench of New Brunswick of the coroner’s decision whether an inquest is necessary, together with the grounds for the 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, the coroner 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 the coroner 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 the coroner had viewed the body and made the investigation.

13(1)The coroner may issue a summons to any person who in the coroner’s 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.

14.1(1)Unless the Chief Coroner otherwise orders, no person shall publish, broadcast or transmit information that could disclose the identity of a juror.

14.1(2)A person who violates or fails to comply with subsection (1) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category I offence.

20(1)The coroner shall administer an oath or solemn affirmation to each juror to inquire diligently touching the death of the person on whose body the inquest is about to be held and to give a true verdict according to the evidence.

20(2)Before administering an oath or solemn affirmation under subsection (1), the coroner shall examine the person under oath or solemn affirmation to determine if the person is qualified to serve as a juror.

20(3)The coroner shall attach to the inquisition a certificate stating that the coroner examined and found each person named in the certificate to be qualified to serve 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 under oath or solemn affirmation all persons who tender their evidence respecting the facts touching the death, and all persons whom the coroner 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 they 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 the Chief Coroner may wish to make on these recommendations to any department or agency of Canada, the Province or a local government, and to any company or other person, where the Chief Coroner 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 the Minister 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) A verdict of the jury is not required to be unanimous, but it must be returned by a majority of the jurors.

29(2)If a majority of the jurors cannot agree on a verdict, the coroner shall

29(3)At any time after the jury is discharged under paragraph (2)(b), the Chief Coroner may order the coroner to summon another jury and hold a second inquest, with or without a view of the body as the Chief Coroner considers appropriate.

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 under oath or solemn affirmation before the coroner that the person believes 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, the coroner shall file the report with the Chief Coroner together with an affidavit setting out the facts that in the coroner’s 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 the deceased’s 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 the coroner 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 may commence new proceedings.

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

39(1)Where The Court of King’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.

42.1(1)The Chief Coroner shall establish a child death review committee for the following purposes: 

42.1(2)The child death review committee shall consist of at least seven members appointed by the Chief Coroner, including the following persons:

42.1(3)The child death review committee shall perform the duties and functions assigned by the Chief Coroner, this Act and the regulations.

42.11(1)A member of the child death review committee shall be appointed

42.11(2)A member of the child death review committee may be reappointed.

42.11(3)Despite the expiry of their terms, members of the child death review committee may continue to serve until they resign or are reappointed or replaced.

42.11(4)Despite subsection (3), a member of the child death review committee may be removed for cause by the Chief Coroner.

42.11(5)If a vacancy occurs on the child death review committee, the Chief Coroner may appoint a qualified person to fill the vacancy for the balance of the term of the member replaced.

42.11(6)In the case of a temporary absence, illness or incapacity to act of any member of the child death review committee, the Chief Coroner may appoint a qualified person as a substitute for the member for the period of the temporary absence, illness or incapacity.

42.11(7)A vacancy on the child death review committee does not impair the capacity of the committee to act.

42.12(1)The coroner appointed under paragraph 42.1(2)(a) shall be the Chair of the child death review committee.

42.12(2)The members of the child death review committee shall appoint a member of the committee to be the Vice-Chair who shall perform the duties and functions directed by the committee.

42.2(1)At the request of the Chair, the child death review committee shall meet as often as is necessary for the proper exercise of its duties and functions.

42.2(2)Subject to subsection (3), the Chair or, in the absence of the Chair, the Vice-Chair shall preside at the meetings of the child death review committee.

42.2(3)If the Chair and Vice-Chair are absent from a meeting of the child death review committee, the members who are present may elect from among themselves a person to preside at the meeting.

42.21(1)The Chief Coroner, after consulting the members of the child death review committee, shall determine, amend or revoke the terms of reference of the committee and the procedure for a review.

42.21(2)Subject to this Act and the terms of reference determined under subsection (1), the child death review committee may

42.21(3)Despite subsection (2), no right to a hearing is established by this section.

42.22(1)Each month, the Chief Coroner shall report to the child death review committee all child deaths of which a coroner has been notified under this Act.

42.22(2)The child death review committee shall review a child death only when

42.3(1)With the approval of the Chief Coroner, the child death review committee may conduct a review of a child death.

42.3(2)The Chief Coroner may require the child death review committee to review a child death reported under subsection 42.22(1).

42.3(3)Every member of a child death review committee shall comply with the provisions respecting conflict of interest that are prescribed by regulation.

42.3(4)After a child death review has been conducted, the child death review committee shall submit a report to the Chief Coroner, which shall address the relevant facts and circumstances and its recommendations.

42.3(5)The child death review committee may make recommendations as to any action that should be taken to prevent further injury or death in circumstances similar to those addressed in the report.

42.31(1)A report made under subsection 42.3(4) shall be in a form acceptable to the Chief Coroner.

42.31(2)The child death review committee shall provide a copy of the report to the Chief Coroner within 120 days of commencing the review.

42.31(3)Despite subsection (2), the Chief Coroner may, before or after expiry of the limitation period, extend the period for providing the report if satisfied that there are reasonable grounds for an extension.

42.31(4)The child death review committee shall not make any finding of legal responsibility or express any conclusion of law in its report.

42.32(1)The Chief Coroner shall provide a copy of a report referred to in subsection 42.3(4), together with the Chief Coroner’s comments, if any, in response to the recommendations,

42.32(2)The Chief Coroner may refer a child death to the Child, Youth and Senior Advocate for review or investigation.

42.32(3)Within six months of receiving a report referred to in subsection 42.3(4), the Chief Coroner shall provide to the Minister the recommendations made in the report, and the comments made by the Chief Coroner, if any, in response to the recommendations.

42.32(4)As soon as possible after receiving the recommendations made in the report and the comments made by the Chief Coroner, the Minister shall lay them before the Legislative Assembly if it is then sitting, and if it is not, the Minister shall file them with the Clerk of the Legislative Assembly.

42.4(1)The Chief Coroner shall establish a domestic violence death review committee for the following purposes: 

42.4(2)The domestic violence death review committee shall consist of at least nine members appointed by the Chief Coroner, including the following persons:

42.4(3)The domestic violence death review committee shall perform the duties and functions assigned by the Chief Coroner, this Act and the regulations.

42.41(1)A member of the domestic violence death review committee shall be appointed

42.41(2)A member of the domestic violence death review committee may be reappointed.

42.41(3)Despite the expiry of their terms, members of the domestic violence death review committee may continue to serve until they resign or are reappointed or replaced.

42.41(4)Despite subsection (3), a member of the domestic violence death review committee may be removed for cause by the Chief Coroner.

42.41(5)If a vacancy occurs on the domestic violence death review committee, the Chief Coroner may appoint a qualified person to fill the vacancy for the balance of the term of the member replaced.

42.41(6)In the case of a temporary absence, illness or incapacity to act of any member of the domestic violence death review committee, the Chief Coroner may appoint a qualified person as a substitute for the member for the period of the temporary absence, illness or incapacity.

42.41(7)A vacancy on the domestic violence death review committee does not impair the capacity of the domestic violence death review committee to act.

42.42(1)The coroner appointed under paragraph 42.4(2)(a) shall be the Chair of the domestic violence death review committee.

42.42(2)The members of the domestic violence death review committee shall appoint a member of the committee to be the Vice-Chair who shall perform the duties and functions directed by the committee.

42.5(1)At the request of the Chair, the domestic violence death review committee shall meet as often as is necessary for the proper exercise of its duties and functions.

42.5(2)Subject to subsection (3), the Chair or, in the absence of the Chair, the Vice-Chair shall preside at the meetings of the domestic violence death review committee.

42.5(3)If the Chair and Vice-Chair are absent from a meeting of the domestic violence death review committee, the members who are present may elect from among themselves a person to preside at the meeting.

42.51(1)The Chief Coroner, after consulting with the members of the domestic violence death review committee, shall determine, amend or revoke the terms of reference of the committee and the procedure for a review.

42.51(2)Subject to this Act and the terms of reference determined under subsection (1), the domestic violence death review committee may

42.51(3)Despite subsection (2), no right to a hearing is established by this section.

42.6(1)With the approval of the Chief Coroner, the domestic violence death review committee may conduct a review of a domestic violence death.

42.6(2)The Chief Coroner may require the domestic violence death review committee to review a domestic violence death reported under section 42.52.

42.6(3)Every member of a domestic violence death review committee shall comply with the provisions respecting conflict of interest that are prescribed by regulation.

42.6(4)After a domestic violence death review has been conducted, the domestic violence death review committee shall submit a report to the Chief Coroner, which shall include the relevant facts and circumstances and its recommendations.

42.6(5)The domestic violence death review committee may make recommendations as to any action that should be taken to prevent further injury or death in circumstances similar to those addressed in the report.

42.61(1)A report made under subsection 42.6(4) shall be in a form acceptable to the Chief Coroner.

42.61(2)The domestic violence death review committee shall provide a copy of the report to the Chief Coroner within 120 days of commencing a review.

42.61(3)Despite subsection (2), the Chief Coroner may, before or after the expiration of the limitation period, extend the period for providing the report if satisfied that there are reasonable grounds for an extension.

42.61(4)The domestic violence death review committee shall not make any finding of legal responsibility or express any conclusion of law in its report.

42.62(1)The Chief Coroner shall provide a copy of a report referred to in subsection 42.6(4), together with the Chief Coroner’s comments, if any, in response to the recommendations to any department or agency of Canada, the Province or a local government, and to any other person, when the Chief Coroner has reason to believe the department, agency or person should be concerned with the subject matter of the recommendations.

42.62(2)Within six months of receiving a report referred to in subsection 42.6(4), the Chief Coroner shall provide to the Minister the recommendations made in the report, and the comments made by the Chief Coroner, if any, in response to the recommendations.

42.62(3)As soon as possible after receiving the recommendations made in the report and the comments made by the Chief Coroner, the Minister shall lay them before the Legislative Assembly if it is then sitting, and if it is not, the Minister shall file them with the Clerk of the Legislative Assembly.

42.7(1)The Chief Coroner and a peace officer shall disclose information, including personal information or personal health information, collected during an investigation or an inquest to a death review committee for the purposes of a child death review or a domestic violence death review, as the case may be, without the consent of the individual to whom the information relates.

42.7(2)Despite any other Act, but subject to subsection (4), a death review committee has a right to all information and documents that are necessary to enable the death review committee to perform the duties and functions and exercise the powers under this Act.

42.7(3)Subject to subsection (4), if the Chief Coroner requests a person to provide information relating to a death being reviewed by a death review committee, the person shall provide the information and produce any documents that, in the opinion of the Chief Coroner, relate to the review and that are in the possession or under the control of the person.

42.7(4)A death review committee does not have a right to information or documents protected by a claim of privilege.

42.71(1)Despite the Right to Information and Protection of Privacy Act and the Personal Health Information Privacy and Access Act, but subject to section 42.72, a statement, declaration, record or document provided to a death review committee in the course of a death review is confidential and shall not be communicated to any person other than the Chief Coroner without the written authorization of the Minister.

42.71(2)Failure by a member of a death review committee to comply with subsection (1) is sufficient grounds for dismissal from the committee as the Chief Coroner considers appropriate.

42.8(1)The Chief Coroner shall fix the remuneration of a member of a death review committee who does not hold a full-time position in the Public Service as defined in the Public Service Labour Relations Act.

42.8(2)Members of a death review committee are entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with their duties and functions on the committee in accordance with the Treasury Board travel policy guidelines, as amended.

42.91(1)No action or other proceeding for damages or otherwise lies or shall be instituted and no proceeding shall be taken in any court, whether by way of injunction, declaratory judgment, order on judicial review or otherwise, against any of the following persons in relation to anything they have done in good faith, or in relation to anything omitted in good faith, under this Act: 

42.91(2)The following persons shall be indemnified by the Crown in right of the Province against all costs, charges and expenses incurred by them in relation to any action, application or other proceeding brought against them in connection with their duties and functions and with respect to all other costs, charges and expenses incurred by them in connection with those duties and functions, except costs, charges and expenses that are occasioned by their wilful neglect or wilful default:

43(1)The Chief Coroner shall file an annual report with the Minister on the administration of this Act, including the following: 

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.