c-68.01, r. 3 - Regulation respecting the identification, transportation, preservation or keeping, custody and return or remittal of dead bodies, objects and documents

Updated to 1 July 2024

This document has official status.

chapter C-68.01, r. 3

Regulation respecting the identification, transportation, preservation or keeping, custody and return or remittal of dead bodies, objects and documents

Coroners Act

(chapter C-68.01, s. 167).

The former alphanumerical designation of this Regulation was chapter R-0.2, r. 3.

O.C. 907-92; S.Q. 2020, c. 20, s. 44.

DIVISION I INTERPRETATION

1. In this Regulation,

“carrier” means any person who has entered into an agreement with the Chief Coroner to transport dead bodies under section 33 of the Coroners Act (chapter C-68.01); (transporteur)

“morgue” means a morgue designated by the Chief Coroner under paragraph 2 of section 32 of the Act; (morgue)

“person exercising the coroner’s powers” means a person who exercises the coroner’s powers under section 65, 66 or 68 of the Act. (personne exerçant les pouvoirs du coroner)

O.C. 907-92, s. 1.

DIVISION II IDENTIFICATION OF A DEAD BODY

2. Where notice is given in accordance with Chapter II of the Act, the investigating coroner or the person exercising the coroner’s powers shall establish or have established the identity of the deceased person at the location at which the death was certified if there is a person at that location able to identify the body.

O.C. 907-92, s. 2.

3. The room in the morgue in which bodies are identified shall

(1)  be clean and equipped with a natural or artificial ventilation system;

(2)  allow for a distance of not less than 1.5 m between the body and the person identifying it;

(3)  be equipped with a washbasin and an area where a person may sit down, or shall be contiguous to such a room; and

(4)  have lighting of an intensity of not less than 200 decalux over the table on which the body is laid.

O.C. 907-92, s. 3.

4. The coroner or the person exercising the coroner’s powers shall ensure that only those parts of the body essential to the identification are exposed; where necessary, they shall have been cleaned.

O.C. 907-92, s. 4.

DIVISION III TRANSPORTATION OF A DEAD BODY

5. The coroner or the person exercising the coroner’s powers shall make certain before having a body transported to the morgue that a pronouncement of death has been made by a physician and shall obtain the physician’s pronouncement in writing.

Notwithstanding the foregoing, a pronouncement by a physician is not required in the case of skeletal remains or if the body at the time of its discovery reveals decapitation, total severance, full cranial compression or excochleation, an advanced state of decomposition, adipocere, mummification or calcination.

O.C. 907-92, s. 5.

6. A physician making a pronouncement of death shall specify in that pronouncement the deceased person’s identity, if known, and the date, time and place at which the pronouncement is made and the physician’s name and permit number.

Where identity is unknown, the pronouncement shall contain particulars likely to be of use in identifying the deceased person.

O.C. 907-92, s. 6.

7. The coroner or person exercising the coroner’s powers having a body transported to the morgue shall attach the tag supplied by the Chief Coroner to a hand or foot of the body or to the body bag. The tag shall specify

(1)  the deceased person’s name or particulars likely to be of use in identifying the deceased person;

(2)  the manner of identification;

(3)  the name, address and telephone number of the person identifying the deceased person and the relationship to the deceased; and

(4)  the name of the carrier and the destination of the body.

O.C. 907-92, s. 7.

8. A request to have a body transported shall be written or made verbally by the coroner or by the person exercising the coroner’s powers.

O.C. 907-92, s. 8.

9. The coroner or the person exercising the coroner’s powers may consign a body only to a carrier who has entered into an agreement with the Chief Coroner to transport dead bodies.

O.C. 907-92, s. 9.

10. A carrier who transports a body to the morgue shall

(1)  respond to the request for transport with all dispatch;

(2)  (paragraph revoked);

(3)  ensure that its employees show all respect due the body and are dressed conservatively.

O.C. 907-92, s. 10; O.C. 403-96, s. 1; O.C. 436-2001, s. 1.

11. To transport a dead body, a carrier shall use a motor vehicle that

(1)  (paragraph revoked);

(2)  is fitted so that it is impossible from the outside to see inside the part of the vehicle in which the body is carried; and

(3)  has the part in which the body is carried cleaned after each transportation;

(4)  (paragraph revoked).

Where a body must be transported in a temperature exceeding 20 ºC inside the part of the vehicle in which the body is carried for a period likely to accelerate decomposition, the carrier shall use a vehicle equipped with an air-conditioning system.

O.C. 907-92, s. 11; O.C. 403-96, s. 2; O.C. 436-2001, s. 2.

12. Notwithstanding sections 9 and 11, if a body is found in a place that is inaccessible to the carrier, the coroner may authorize transport by a person other than a carrier and by any other means of transport.

O.C. 907-92, s. 12.

13. The carrier shall wrap the body in a non-transparent shroud covered with a sheet, and shall move the body on a stretcher.

Notwithstanding the foregoing, the carrier shall place the body in a body bag supplied by the Chief Coroner if the body is in a condition described in the second paragraph of section 5.

O.C. 907-92, s. 13.

14. A carrier shall ensure that its employees wear gloves while handling a dead body.

O.C. 907-92, s. 14.

15. Before leaving the place where a body is located, the carrier shall see that all human remains have been removed and placed in a body bag supplied by the Chief Coroner.

O.C. 907-92, s. 15.

16. After a body has been placed in a shroud or body bag, no person may lift the shroud or open the body bag without authorization from the coroner.

O.C. 907-92, s. 16.

DIVISION IV KEEPING, PRESERVATION AND REMITTAL OF A DEAD BODY

17. Only a morgue is authorized to keep or preserve a body in the possession of the coroner or a person exercising the coroner’s powers.

O.C. 907-92, s. 17.

18. The morgue shall preserve a body at a temperature of 4 ºC or cooler.

Notwithstanding the foregoing, where it is foreseen that the body will be kept for more than 10 days, the morgue shall preserve the body at a temperature of -9 ºC or cooler.

The body shall remain shrouded or in the body bag at all times.

O.C. 907-92, s. 18.

19. The place in which the body is preserved shall be kept clean by the morgue.

When a dead body has been removed, the morgue shall wash down that place with soap and water, followed by an antiseptic solution.

O.C. 907-92, s. 19.

20. The morgue shall see that the place in which a body is preserved is accessible at all times to the coroner or to the person exercising the coroner’s powers.

O.C. 907-92, s. 20.

21. The morgue shall ensure that a person is available to assist the coroner in handling the body for the purposes of identification.

O.C. 907-92, s. 21.

22. Where the coroner has not yet taken possession of a body for which notice is required pursuant to Chapter II of the Act and which is located in a hospital centre or reception centre within the meaning of section 1 of the Act respecting health services and social services for Cree Native persons (chapter S-5), or in an institution within the meaning of the Act respecting health services and social services (chapter S-4.2), the establishment or institution shall keep the body until the coroner takes possession of it.

The establishment or institution shall attach a tag to the body stating the deceased person’s identity and the manner of identification.

The body shall be kept out of the view of the public.

O.C. 907-92, s. 22.

23. The person in possession of the dead body shall not remit the body to a person claiming it unless the claimant is in possession of the authorization prescribed in section 78 of the Act.

O.C. 907-92, s. 23.

DIVISION V SEIZED OBJECTS AND DOCUMENTS

24. The person exercising the coroner’s powers who seizes objects and documents shall, after drawing up an inventory of the seizure, place the objects and documents in the container supplied by the Chief Coroner and shall seal it.

O.C. 907-92, s. 24.

25. Where the person exercising the coroner’s powers does not retain custody of the container, the person shall entrust the container to the employees transporting the body.

In such case, the carrier shall remit the sealed container to the morgue which in turn shall remit the container to the coroner.

O.C. 907-92, s. 25.

26. The carrier or the morgue shall see that the container remains sealed and in safekeeping until the coroner takes possession of it.

O.C. 907-92, s. 26.

27. An establishment or institution keeping a dead body pursuant to section 22 shall draw up an inventory of the objects and documents found on the body and shall place them in a container.

It shall entrust the container to the person designated by the coroner.

O.C. 907-92, s. 27.

28. The coroner or the person exercising the coroner’s powers who has custody of seized objects and documents shall place them under lock and key unless they have been returned in accordance with the Act.

O.C. 907-92, s. 28.

29. A coroner holding the original copy of a will may surrender the will only where proof in writing has been submitted that establishes the entitlement of the person claiming the will.

O.C. 907-92, s. 29.

DIVISION VI OFFENCES

30. Contravention of the first paragraph of section 5 or of section 16, 18 or 23 constitutes an offence.

O.C. 907-92, s. 30.

31. (Omitted).

O.C. 907-92, s. 31.

REFERENCES

O.C. 907-92, 1992 G.O. 2, 3186

O.C. 403-96, 1996 G.O. 2, 1757

O.C. 436-2001, 2001 G.O. 2, 1950

S.Q. 2020, c. 20, s. 44