Appointment of coroners

1  (1)  The Lieutenant Governor in Council may appoint one or more coroners for British Columbia, or for any smaller area that the Lieutenant Governor in Council thinks proper.

(2)  A coroner ceases to hold office on reaching 65 years of age, but the Lieutenant Governor in Council may extend the coroner's term for any period not beyond the date of the coroner's 70th birthday.

 Oaths of office and allegiance

2  (1)  Before acting in the office, a coroner must take and sign the following oaths before a justice or any other person qualified to administer oaths:

I, .......... , swear that I will truly and faithfully, according to my skill and knowledge, execute the duties, powers and trusts reposed in me as a coroner.

I, .......... , swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth II, her heirs and successors.

(2)  The oath of office and oath of allegiance must be promptly sent to the Provincial Secretary and must be filed in the Provincial Secretary's office.

 Appointment of chief coroner and powers

3  (1)  The Lieutenant Governor in Council may appoint a coroner to be chief coroner for British Columbia.

(2)  The chief coroner must do the following:

(a) administer this Act and the regulations;

(b) supervise, direct and control all coroners in British Columbia in the performance of their duties;

(c) conduct programs to instruct coroners in their duties;

(d) bring the findings and recommendations of coroners and coroner's juries to the attention of appropriate persons, agencies and ministries of government;

(e) prepare, publish and distribute a code of ethics to guide coroners;

(f) perform other duties that are assigned to the chief coroner under any other Act or regulations or by the Attorney General.

 Appointment of regional coroners

4  (1)  The Attorney General may designate a coroner to be a regional coroner.

(2)  A regional coroner has, subject to the direction of the chief coroner, general supervision of the coroners in a region determined by the Attorney General and other powers and duties as may be determined by the Attorney General or by the chief coroner.

(3)  A regional coroner may exercise the powers and assume the duties conferred by this section in any other region at the request of the coroner designated for that region, the Attorney General or the chief coroner.

(4)  A designation under this section does not limit the jurisdiction throughout British Columbia of a coroner appointed with that jurisdiction.

 Administration in municipalities

5  (1)  The Attorney General may authorize one coroner to direct the administration of the coroner's courts in a municipality.

(2)  Subject to section 4, a coroner authorized under subsection (1) must generally control and direct the administration of the coroner's courts in the municipality.

 Coroners' remuneration

6  (1)  A coroner is not entitled to any greater fees than those prescribed by regulation, unless the Attorney General is of the opinion that those fees are inadequate, having regard to the difficulties of travelling, the time actually employed or other special circumstances, in which case the Attorney General may direct that additional fees be paid.

(2)  Despite subsection (1), a coroner may, instead of or in addition to fees, be paid a salary to be set by the Attorney General.

 Pension plan

7  The Public Service Pension Plan, continued under the Public Sector Pension Plans Act, applies to every coroner to whom a salary is paid under section 6.

 Judge may act as coroner

8  (1)  Subject to section 14 (3), a judge of the Provincial Court may perform any of the duties and exercise any of the powers of a coroner in the absence of a coroner or at the request of the Attorney General.

(2)  A judge who has held an inquest or part of an inquest into the death of any person must not preside at a preliminary hearing or at the trial of a person who is charged with an offence arising out of the acts that may have caused the death.

 Deaths to be reported

9  (1)  A person must immediately notify a coroner or a peace officer of the facts and circumstances relating to a death if he or she has reason to believe that a person has died

(a) as a result of violence, misadventure, negligence, misconduct, malpractice or suicide,

(b) by unfair means,

(c) during pregnancy or following pregnancy in circumstances that might reasonably be attributable to pregnancy,

(d) suddenly and unexpectedly,

(e) from disease, sickness or unknown cause, for which the person was not treated by a medical practitioner,

(f) from any cause, other than disease, under circumstances that may require investigation, or

(g) in a correctional centre, youth custody centre or penitentiary or a police prison or lockup.

(2)  The person in charge of an institution must immediately give notice to the coroner of the death of a person who dies

(a) while a resident of or an in-patient in

(i)  [Repealed 1999-39-6.]

(ii)  a place for the examination, diagnosis, treatment or rehabilitation of mentally disordered persons to which the Mental Health Act applies, or

(iii)  a public or private hospital to which the person was transferred from a place referred to in subparagraph (ii), or

(b) while the person is, whether or not on the premises or in actual custody,

(i)  a patient of a place referred to in paragraph (a) (ii), or

(ii)  committed to a correctional centre, youth custody centre or penitentiary or a police prison or lockup.

(3)  If a person dies while detained by or in the actual custody of a peace officer, the peace officer must immediately notify the coroner.

(4)  A peace officer who is notified under subsection (1) must notify a coroner.

 Inquest required for death of person in custody

10  The coroner must issue a warrant to hold an inquest in the case of a death in a police prison or lockup or of a death in the circumstances referred to in section 9 (3).

 No interference with body

11  A person who has reason to believe that a person died in any of the circumstances referred to in section 9 must not interfere with or alter the body or its condition in any way until the coroner so directs.

 Guarding wreckage if person dies in wreck

12  (1)  If a person has died by violence in the wreck of a building, bridge, structure, embankment, airplane, motor vehicle, boat, machine or apparatus, the coroner may take charge of all wreckage and place peace officers in charge of it to prevent disturbance of the wreckage until the coroner has made the examination that he or she considers necessary.

(2)  If a death occurs in any of the circumstances referred to in subsection (1), a person who, without authority from the coroner, interferes with, destroys, carries away, alters the position of the wreckage or any part of it, or anything in any way connected with it, except for the purpose of saving lives or relieving human suffering, commits an offence and is liable on conviction

(a) to a fine of not more than $100, or

(b) if the offence is committed willfully and with the intention of making away with or destroying evidence, to imprisonment for a term of not more than 6 months.

 Shipment of bodies outside British Columbia

13  (1)  A person must not accept for shipment or ship or take a dead body from any place in British Columbia to any place outside British Columbia until a certificate of a coroner has first been obtained certifying that there is no reason for further examination of the body.

(2)  A person who has reason to believe that a dead body will be shipped or taken to a place outside British Columbia must not embalm or make any alteration to the body or apply any chemical to the body, internally or externally, until the certificate required by subsection (1) has been issued.

 Warrant for possession of body

14  (1)  If a coroner has reason to believe that there is in the coroner's jurisdiction the body of a person who died in any of the circumstances referred to in section 9, the coroner must

(a) issue a warrant to take possession of the body,

(b) view the body, and

(c) subject to section 10, make any further investigation required to determine whether or not an inquest is necessary.

(2)  If the chief coroner has reason to believe that a person died in any of the circumstances referred to in section 9 and a warrant has not been issued to take possession of the body, the chief corner may issue the warrant personally or direct any coroner to do so.

(3)  After the issue of a warrant to take possession of a body, another coroner must not issue a warrant or interfere in the case, except the chief coroner or except under the instructions of the Attorney General.

 Investigative powers

15  (1)  A coroner, or a medical practitioner or a peace officer authorized by a coroner to exercise all or any of the coroner's powers under this subsection, may do one or more of the following:

(a) view any dead body;

(b) take possession of any dead body;

(c) enter and inspect any place where a dead body is and any place from which the coroner has reasonable grounds for believing the body was removed;

(d) enter and inspect a cemetery or other place where a dead body may have been interred and disinter or exhume the remains of that body.

(2)  A coroner who believes on reasonable grounds that it is necessary to do so for the purposes of the investigation may do the following:

(a) inspect any place in which the deceased person was, or in which the coroner has reasonable grounds to believe the deceased person was, within a reasonable time before his or her death;

(b) inspect information in any records relating to the deceased or the deceased's circumstances;

(c) seize anything that the coroner has reasonable grounds to believe is material to the investigation.

(3)  If in the coroner's opinion it is necessary for the purposes of the investigation, the coroner may authorize a medical practitioner or a peace officer to exercise all or any of the coroner's powers under subsection (2) but, if the power is conditional on the belief of the coroner, the belief must be that of the coroner personally.

(4)  The coroner must keep anything seized under subsection (2) (c) in safe custody and must return it to the person from whom it was seized as soon as is practicable after the conclusion of the investigation or, if there is an inquest, after the conclusion of the inquest, unless the coroner is authorized or required by law to dispose of it otherwise.

 Disqualification of coroner

16  A coroner must not conduct an inquiry or inquest or make an investigation into the circumstances connected with the death of a person

(a) whom the coroner has in his or her professional capacity as a medical practitioner attended at any time within 30 days immediately before the death,

(b) on whose body he or she has performed a post mortem examination, or

(c) whose death has been caused at or on an undertaking

(i)  owned in whole or in part by the coroner,

(ii)  owned or operated by a company in which the coroner is a shareholder, or

(iii)  in respect of which the coroner is employed as a medical attendant or in any other capacity by the owner of it or under any agreement or understanding, direct or indirect, with the employees at or on the undertaking.

 Warrant for burial if inquest unnecessary

17  (1)  A coroner who determines that an inquest or inquiry is unnecessary, must promptly send

(a) to the chief coroner a signed statement setting out briefly the result of the investigation and the grounds for his or her decision, and

(b) to the chief executive officer under the Vital Statistics Act, a notice in the prescribed form.

(2)  A coroner must keep a record of the cases reported in which an inquest or inquiry has been determined to be unnecessary, showing for each case the identity of the deceased and the coroner's findings of the facts how, when, where and by what means the deceased died, including the relevant findings of the post mortem examination and of any other examinations or analyses of the body carried out.

(3)  On request, the coroner must make the information recorded under subsection (2) available to the spouse, parents, children, brothers, sisters and the personal representative of the deceased.

(4)  For the purposes of subsection (3), "spouse" means a person who

(a) was married to the deceased, or

(b) was living and cohabiting with the deceased in a marriage-like relationship, including a marriage-like relationship between persons of the same gender.

 Warrant for inquest

18  If a coroner determines that an inquest is necessary, he or she must

(a) issue a warrant for an inquest, and

(b) promptly send to the chief coroner a signed statement setting out briefly the result of the investigation and the grounds on which the coroner determined that an inquest should be held.

 Inquest without body

19  (1)  A coroner must report to the chief coroner if the coroner has reason to believe that a death has occurred in circumstances where an inquest ought to be held but the body

(a) has been destroyed by fire or otherwise,

(b) is in a place from which it cannot be recovered, or

(c) has been removed from British Columbia.

(2)  On receiving a report from a coroner under subsection (1) or information from any source of a death with similar circumstances, the chief coroner may, if he or she considers it desirable to do so, direct that an inquest concerning the death be held by the coroner making the report or any other coroner that the chief coroner directs.

(3)  The law relating to coroners and coroner's inquest applies to inquests under this section with the necessary changes and in so far as it is applicable.

 Inquiry without jury

20  (1)  If a death has occurred other than in a police prison or lockup or under circumstances that require an inquest, instead of summoning a jury, the coroner may make an inquiry into the death of the deceased as the coroner considers proper.

(2)  On an inquiry, the coroner must view and identify the body and may, in his or her discretion, put into writing the statements on oath of any person willing to supply information about the circumstances surrounding the death.

(3)  For purposes of the inquiry, the coroner may issue an order for the attendance as a witness before the coroner of any medical practitioner who attended the deceased during his or her last illness, or who was at the time actually practising in or near the place where the death occurred.

(4)  On completing the inquiry, the coroner must forward to the chief coroner

(a) all depositions and statements in writing taken by the coroner, and

(b) a report on the results of the inquiry.

(5)  A person may apply to the chief coroner to have an inquiry reopened on the grounds that new evidence has arisen or has been discovered after the coroner's report is forwarded to the chief coroner under subsection (4).

(6)  The chief coroner may direct that the coroner reconsider the matter if the chief coroner considers that the evidence referred to in subsection (5)

(a) is substantial and material to the inquiry, and

(b) did not exist at the time of the inquiry or did exist at that time but was not discovered and could not through the exercise of due diligence have been discovered.

(7)  For the purposes of reconsideration under subsection (6), the coroner has the same jurisdiction, powers and duties that the coroner has in respect of the inquiry.

 If inquest required

21  If, before proceeding to make an inquiry without a jury under section 20, or in the course of holding the inquiry, there appears to the coroner, from the information supplied to the coroner or from the opinion of any medical witness, to be any reason for summoning a jury, the coroner may proceed to summon a jury in the manner required by this Act.

 If no inquest to be held

22  (1)  If a death occurs as a result of which a person is charged with murder, manslaughter or any criminal offence arising out of the facts that may have caused the death, the Attorney General may direct that an inquest not be held or continued concerning that death.

(2)  If a charge of murder, manslaughter or any criminal offence arising out of the facts that may have caused a death is withdrawn or stayed, the Attorney General may direct that an inquest be held or, if an inquest was commenced, that it be completed and, for that purpose, section 23 applies.

 Inquest on Attorney General's direction

23  (1)  On the request of the Attorney General, a coroner must assume jurisdiction in place of another coroner over an inquiry or inquest at any stage.

(2)  A coroner who assumes jurisdiction under subsection (1) over an inquiry or inquest

(a) has exclusive jurisdiction in the matter of the inquiry or inquest, and

(b) may in his or her discretion

(i)  continue the proceedings at the stage at which they were when jurisdiction was assumed, or

(ii)  commence the proceedings anew.

(3)  The Attorney General may order an inquest or another inquest to be held concerning a death if the Attorney General is satisfied

(a) that a coroner refuses or neglects to hold an inquest that ought to be held, or

(b) if an inquest has been held, that it is necessary or desirable in the interests of justice that another inquest should be held because of fraud, rejection of evidence, irregularity of proceedings, insufficiency of inquiry or otherwise.

(4)  If the Attorney General orders another inquest, the coroner ordered to hold it has for that purpose the same powers and jurisdiction as the coroner who held the first inquest.

(5)  On an inquiry or inquest under this section, it is not necessary, unless the Attorney General otherwise orders, to view the body, but, otherwise, the inquest must be held in a similar manner in all respects as any other inquest under this Act.

 Direction by chief coroner

24  The chief coroner may

(a) direct the coroner having jurisdiction in respect of any death to issue a warrant to take possession of the body, conduct an investigation or hold an inquest,

(b) direct any other coroner to do so, or

(c) intervene to act as coroner personally for any one or more of those purposes.

 Post mortem examinations and analyses

25  (1)  At any time during an investigation, inquiry or inquest a coroner may issue a warrant for

(a) a post mortem examination, with or without dissection of the body,

(b) an analysis of the blood, urine or contents of the stomach and intestines, or

(c) any other examination or analysis that the coroner considers the circumstances warrant.

(2)  The person who performs the post mortem examination must promptly report his or her findings in writing to the coroner who issued the warrant, and the person who performs any other examination or analysis must promptly report his or her findings in writing to the coroner who issued the warrant and to the person who performed the post mortem examination.

(3)  If a place has been provided by any sanitary, health or municipal authority for the reception of dead bodies during the time required to conduct a post mortem examination, the coroner may order the removal of a dead body to and from that place for the carrying out of the examination.

(4)  The cost of a removal ordered under subsection (3) must be included as part of the expenses incurred in and about the holding of an inquiry or inquest.

 Notice to Crown counsel

26  (1)  Before holding an inquest, a coroner must notify the regional Crown counsel of the time and place at which the inquest is to be held.

(2)  The regional Crown counsel notified under subsection (1) or his or her representative may attend the inquest and act as counsel to the coroner at the inquest.

(3)  The Attorney General may be represented at an inquest by counsel and is a person with standing at the inquest.

 Purpose of inquest

27  (1)  If an inquest is held, the inquest must inquire into and determine who the deceased was and how, when, where and by what means he or she died.

(2)  The jury must not make any finding of legal responsibility or express any conclusion of law on any matter referred to in subsection (1).

(3)  Subject to subsection (2), the jury may make recommendations about any matter arising out of the inquest.

(4)  A finding that contravenes subsection (2) is improper and must not be accepted by the coroner.

(5)  If a jury fails to deliver a proper finding, the jury must be discharged.

 Inquest public

28  An inquest must be open to the public but the coroner may hold all or part of the hearing closed to the public

(a) if the coroner is of the opinion that national security might be endangered, or

(b) if a person is charged with an indictable offence under the Criminal Code, and relevant evidence about that person's conduct may be given at the inquest.

 Jury

29  (1)  Every inquest must be held with a jury.

(2)  Five persons must be summoned to serve as jurors on an inquest.

(3)  A summons to serve as a juror may be served by personal service or by sending it by registered mail addressed to the usual residence of the person summoned.

(4)  If fewer than 5 of the persons summoned appear at the time and place appointed for the inquest, the coroner may direct that other persons be summoned to make up the deficiency until a sufficient jury is secured.

(5)  If the coroner adjourns the inquest after viewing the body and one or more jurors fail, because of illness, death or absence from British Columbia, to attend at the time and place to which the inquest is adjourned, the coroner may proceed with the inquest with the remaining jurors and those additional jurors, if any, that the coroner may summon to bring the number of the jury up to 5.

(6)  If the inquest is into the death, arising out of his or her work, of a worker to whom Part 1 of the Workers Compensation Act applies, reasonable effort must be made to ensure that all or part of the jury summoned is composed of persons familiar with the type of work the deceased was doing.

 Disqualification of jurors

30  (1)  Section 3 of the Jury Act applies to jurors under this Act.

(2)  The coroner presiding at an inquest may exclude a person from being a juror if the coroner believes there is a likelihood that the person, because of interest or bias, would be unable to render a verdict in accordance with the evidence.

(3)  An officer, employee or inmate of an institution referred to in section 9 must not serve as a juror at an inquest on the body of a person who died there.

(4)  A person who is unable to understand, speak or read the language in which the inquest is to be conducted is disqualified from serving as a juror in the inquest.

 Failure of juror to appear

31  (1)  If a person summoned to serve as a juror does not, after being openly called 3 times, appear in answer to the summons, the coroner, after proof on oath that the summons has been served, may issue a warrant to a peace officer, commanding the peace officer to arrest and bring that person before the coroner at the time and place mentioned in the warrant.

(2)  If a person who is brought before the coroner pursuant to a warrant issued under subsection (1) fails to show cause why he or she did not obey the summons, the coroner may impose on that person a fine of not more than $100.

(3)  If a person summoned as a juror appears or is brought before the coroner and refuses, without reasonable excuse, to serve as a juror, the coroner may impose on that person a fine of not more than $100.

 Swearing of jurors

32  When the jurors are assembled, they must be sworn by the coroner to diligently inquire concerning the death of a person on whose body the inquest is about to be held and to give a true verdict according to the evidence.

 View of body

33  The jury must view the body if the coroner directs them to do so.

 Examination of witnesses

34  (1)  The coroner must examine on oath all persons who tender their evidence about the facts concerning the death and all persons having knowledge of the facts whom the coroner thinks it expedient to examine.

(2)  A coroner may administer oaths for the purpose of an inquest.

(3)  A coroner may employ a person to act as interpreter for a witness at an inquest.

(4)  The person referred to in subsection (3) may be summoned to attend the inquest as an interpreter and, before acting, must swear to truly and faithfully translate the evidence.

 Questions by jury

35  The jurors may ask relevant questions of each witness.

 Right to call evidence and cross examine

36  (1)  A person whose interests may be affected by evidence likely to be adduced at an inquest may

(a) appear personally or by counsel at the inquest,

(b) tender evidence and call witnesses,

(c) examine, cross examine, and re-examine witnesses, and

(d) obtain from the coroner a summons directed to any witness whom that person desires to call.

(2)  If the inquest is into the death, arising out of his or her work, of a worker to whom Part 1 of the Workers Compensation Act applies, a representative of the worker's employer and a representative of the trade union certified as the bargaining agent for the worker are deemed to be persons to whom subsection (1) applies.

 Witness summons

37  (1)  A coroner may issue a summons to any person who, in the opinion of the coroner, might be able to give material evidence on the matters to be inquired into at the inquest.

(2)  A summons issued under subsection (1) must be served by a peace officer leaving a copy of it with the witness.

(3)  The original summons may contain the names of any number of witnesses, but each copy of it need only contain the name of the witness on whom it is served.

(4)  A coroner has the same powers to compel the attendance of witnesses and to punish a witness for disobeying a summons to appear, refusing to be sworn, or refusing without lawful excuse to give evidence as are conferred on a justice by the Offence Act.

 Medical witness

38  (1)  If, on summoning or holding an inquest, the coroner finds that the deceased was attended by a medical practitioner during his or her last illness, or at his or her death, the coroner may issue an order for the attendance of that medical practitioner as a witness at the inquest.

(2)  If, on summoning or holding an inquest, the coroner finds that the deceased was not attended as set out in subsection (1), the coroner may issue an order for the attendance of any medical practitioner who is, at the time, in actual practice in or near the place where the death occurred.

(3)  At any time before the conclusion of an inquest the coroner may direct a post mortem examination by a medical practitioner summoned to attend as a witness at the inquest.

(4)  Despite subsection (3), if any person states, on oath before the coroner, that in his or her belief the death was caused, partly or entirely, by the improper or negligent treatment of a medical practitioner or other person, that medical practitioner or other person must not perform or assist at the post mortem examination.

(5)  A medical practitioner commits an offence if

(a) a coroner's order for the attendance of the medical practitioner at an inquest or for his or her attendance at the inquest and the making of or assisting in a post mortem examination, has been received by the medical practitioner or has been left at the residence or office of the medical practitioner in sufficient time for him or her to have obeyed the order, and

(b) the medical practitioner has not obeyed the order.

(6)  An information about an offence under subsection (5) may be laid by the coroner or a juror who sat on the inquest.

(7)  The court may dismiss the information if, on hearing what is alleged by the medical practitioner, the court considers that the disobedience was caused by circumstances amounting to a reasonable excuse.

(8)  A person who commits an offence under subsection (5) is liable on conviction to a fine of not more than $500.

(9)  The coroner may accept a medical report instead of the testimony of a medical practitioner who signed it.

(10)  A medical report accepted under subsection (9) is, without further proof, evidence on an inquest, unless an interested person wishes to examine the medical practitioner and has sufficient reason to do so in which case the coroner may require the medical practitioner to attend and give evidence at the inquest.

 Protection for witnesses

39  (1)  A witness at an inquest is deemed to have objected to answer any question asked of the witness on the ground that the answer may tend to

(a) incriminate the witness, or

(b) establish his or her liability in a civil proceeding at the instance of the government or any person.

(2)  An answer given by a witness at an inquest must not be used or admitted in evidence against the witness in any trial or other proceedings against the witness, other than a prosecution for perjury in giving that evidence.

(3)  If it appears at any stage of the inquest that the evidence that a witness is about to give would tend to incriminate the witness, the coroner and Crown counsel must ensure that the witness is informed of his or her rights under section 5 of the Canada Evidence Act.

(4)  A coroner may reasonably limit further cross examination of a witness if the coroner is satisfied that the cross examination of the witness has been sufficient to disclose fully and fairly the facts in relation to which the witness has given evidence.

 Right of witness to counsel

40  (1)  A witness at an inquest is entitled to be advised by his or her counsel or agent about his or her rights but, subject to section 36, the counsel or agent may not take any other part in the inquest without leave of the coroner and is not entitled, if an inquest is held in private, to be present except when that witness is giving evidence.

(2)  A coroner may exclude from a hearing anyone, other than a barrister and solicitor, appearing as an agent advising a witness if the coroner finds that person

(a) is not competent to properly advise the witness, or

(b) does not understand and comply at the inquest with the duties and responsibilities of an adviser.

 Evidence

41  (1)  Subject to subsections (2) and (3), a coroner may

(a) admit as evidence at an inquest, whether or not admissible as evidence in any court, any oral testimony and any document or other thing relevant to the purposes of the inquest,

(b) act on the evidence admitted under paragraph (a),

(c) exclude anything unduly repetitious or anything that the coroner considers does not meet the standards of proof commonly relied on by reasonably prudent persons in the conduct of their own affairs, and

(d) comment on the weight that ought to be given to any particular evidence.

(2)  Nothing is admissible in evidence at an inquest

(a) that would be inadmissible in a court because of any privilege under the law of evidence, or

(b) that is inadmissible by the Act under which the proceedings arise or any other Act.

(3)  Nothing in subsection (1) overrides the provisions of any Act expressly limiting the extent to or purposes for which any oral testimony, documents or things may be admitted or used in evidence.

 Written record of evidence

42  (1)  Subject to subsection (3), a coroner must put into writing the sworn statements of those persons who purport to know the facts and circumstances of the case, or as much of those statements as is material.

(2)  The statements referred to in subsection (1) must be signed by the witness and by the coroner.

(3)  The evidence on an inquest, or any part of it, may be taken by a reporter who may be appointed by the coroner holding the inquest.

(4)  Before acting, the reporter must swear to truly and faithfully report the evidence.

(5)  It is not necessary that evidence taken under subsection (3) be signed by the witness, but it is sufficient if the transcript is signed by the coroner, and is accompanied by an affidavit of the reporter that it is a true report of the evidence.

 Copies of documents

43  (1)  If a coroner is satisfied as to its authenticity, a copy of a document or other thing may be admitted as evidence at an inquest.

(2)  If a document has been filed in evidence at an inquest, the coroner, or the person producing it or entitled to it, with the leave of the coroner, may cause the document to be photocopied.

(3)  The coroner may authorize the photocopy made under subsection (2) to be filed in evidence in the place of the filed document and may

(a) release the filed document, or

(b) supply to the person producing it or entitled to it a photocopy of the filed document certified by the coroner.

 Prohibition of communication with jury

44  (1)  If the jurors retire to consider their verdict, they must be kept in a private place under the charge of a person designated by the coroner.

(2)  Other than the person in charge of the jurors under subsection (1), a person is not permitted to speak or to communicate in any way with any of the jurors without the leave of the coroner.

(3)  The person in charge of the jurors under subsection (1) must not speak to or communicate with any of the jurors about the subject matter of the inquest.

(4)  A contravention of this section does not affect the validity of the proceedings.

(5)  If a contravention of this section is discovered before the verdict of the jury is returned and the coroner is of the opinion that the contravention might lead to a miscarriage of justice, the coroner may discharge the jury and direct a new jury to be sworn.

 Jury decision

45  (1)  After hearing the evidence, the jury must give their verdict and certify it in writing, setting out, so far as particulars have been proved to them, who the deceased was and how, when and where he or she died.

(2)  A jury must also inquire of and find the particulars required to be registered by the Vital Statistics Act concerning the death.

 Majority

46  (1)  A verdict or finding may be returned by a majority of the jurors.

(2)  If at least 3 of the jurors cannot agree on a verdict, the coroner may record the findings of those facts, if any, that at least 3 jurors have been able to agree on, and may discharge the jury.

(3)  The coroner must then submit to the Attorney General the evidence taken at the inquest, together with the findings of fact, if any, that at least 3 of the jurors have agreed on.

(4)  The Attorney General may order a coroner to summon another jury to hold a further inquest, or may take other action that the Attorney General considers proper.

 Adjournment

47  A coroner may adjourn an inquest on the coroner's own motion or if satisfied that the adjournment is required to permit an adequate hearing to be held.

 Preservation of order

48  (1)  A coroner has the same power and authority to preserve order at an inquest that a judge of the Supreme Court may exercise during a sitting of that court.

(2)  A coroner may make any orders or give any directions at an inquest that the coroner considers necessary to maintain order and to prevent abuse of the inquest process.

(3)  If any person disobeys or fails to comply with an order or direction made under subsection (2), the coroner may call for the assistance of any peace officer to enforce the order or direction.

(4)  A peace officer called on must take any action that is necessary to enforce the order or direction and may use force as is reasonably required for that purpose.

(5)  A coroner may appoint as peace officers those persons he or she considers necessary to assist the coroner in an inquest.

 Additional powers to authorize post mortem examinations

49  (1)  In addition to the power to direct a post mortem examination for the purpose of an inquest, a coroner may authorize a post mortem examination

(a) in connection with any inquiry authorized by an Act of Canada into the cause of any aircraft accident, of the body of a person who died in, or as the result of, the aircraft accident, and

(b) of the body of a person who has died in a hospital or other institution, on the request and at the expense of the board of management of the hospital or institution.

(2)  A post mortem examination authorized under subsection (1) may be carried out despite an objection to it made by a person entitled to the custody of the body.

 Disclosure of information

50  Despite the Freedom of Information and Protection of Privacy Act, before an inquiry or inquest is completed the coroner may refuse to disclose any information collected in the course of fulfilling the coroner's duties with respect to the inquiry or inquest.

 Obstruction of coroner

51  A person must not knowingly hinder, obstruct or interfere with or attempt to do so, or supply with false information or refuse or neglect to supply information to, a coroner in the performance of his or her duties or a person authorized by the coroner in connection with an investigation.

 Offence and penalty

52  A person who contravenes section 9, 10, 11, 13 or 51 commits an offence and on conviction is liable to a fine of not more than $1 000 or to imprisonment for a term of not more than 6 months, or to both.

 Certificate as proof

53  A statement about the notification or non-notification of a coroner under section 9 purporting to be certified by the coroner within whose jurisdiction the death occurred must, without proof of the appointment or signature of the coroner, be admitted in evidence as proof of the facts stated in it.

 Appeal against penalties imposed by coroner

54  (1)  An appeal lies to the Supreme Court against a penalty imposed by a coroner, whether under the powers conferred by this Act or otherwise.

(2)  The provisions of the Offence Act respecting appeals apply to an appeal under subsection (1).

(3)  An appeal under subsection (1) must be commenced at a registry of the Supreme Court located in the judicial district where the inquest was held.

 Actions against coroner

55  A coroner, or an agent acting on behalf of a coroner, is not liable for damages caused by anything done or not done by him or her in the performance of his or her duties or in respect of a matter in which he or she lacked or exceeded his or her jurisdiction unless it is proved that he or she acted in bad faith or without reasonable and probable cause.

 Costs of coroners' inquests

56  (1)  The Attorney General must pay the costs, fees and expenses of, and incidental to, the holding of an investigation, inquest or inquiry on a dead body, or for any other purpose arising out of the administration of this Act.

(2)  Subject to the regulations, a coroner may obtain assistance or retain the services of experts in connection with all or any part of any investigation, inquiry, or inquest.

 Power to make regulations

57  (1)  The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2)  Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing the powers and duties of the chief coroner;

(b) prescribing fees for coroners for services performed under this or any other Act;

(c) prescribing fees and allowances that must be paid to persons rendering services in connection with coroners' investigations, inquiries and inquests and providing for the adjustment of the fees in special circumstances;

(d) prescribing matters that may be grounds for disqualification because of interest or bias of jurors;

(e) prescribing additional rules of procedure for inquests.

 Criminal court of record not created

58  The powers conferred on a coroner to conduct an inquiry or inquest do not create a criminal court of record.

 Repeal of common law functions

59  The common law as it relates to the functions, powers and duties of coroners in British Columbia is repealed.

 Nondisclosure of records respecting complainants under Children's Commission Act

60  The coroner must not disclose and cannot be compelled to disclose information transferred from the Children's Commission on the repeal of the Children's Commission Act, if the information could reasonably be expected to reveal the identity of a person who made a report under section 14 of the Child, Family and Community Service Act, unless that person consents to the disclosure.