BILL 48

An Act to Amend the Coroners Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Coroners Act, chapter C-23 of the Revised Statutes, 1973, is amended

(a)  in the definition « Ministre » in the French version by striking out the period at the end of the definition and substituting a semicolon;

(b)  by adding the following definitions in alphabetical order:

“construction project site” means any building, structure, premises, water or land where construction is carried on; (chantier de construction)

“employer” means an employer as defined in the Occupational Health and Safety Act; (employeur )

“food processing plant” means a place where food, other than fish, is processed for sale; (usine de transformation des aliments)

“fish processing plant” means a place where fish are processed for sale; (usine de traitement de poisson)

“mine” means a mine as defined in the Occupational Health and Safety Act; (mine)

2 The Act is amended by adding after section 6 the following:

Death of employee

6.1 An employer shall immediately give notice to a coroner of the death of a worker who died as a result of an accident occurring in the course of his or her employment at or in a woodland operation, sawmill, lumber processing plant, food processing plant, fish processing plant, construction project site, mining plant or mine, including a pit or quarry.

3 Section 7 of the Act is repealed and the following is substituted:

Mandatory inquest

7 A coroner shall hold an inquest

(a)  when a Judge of The Court of Queen’s Bench of New Brunswick, a member of the Executive Council or the Chief Coroner orders in writing that the coroner hold an inquest, or

(b)  when a worker dies as a result of an accident occurring in the course of his or her employment at or in a woodland operation, sawmill, lumber processing plant, food processing plant, fish processing plant, construction project site, mining plant or mine, including a pit or quarry.

4 Subsection 10(2) of the Act is repealed and the following is substituted:

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.

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.

EXPLANATORY NOTES

Section 1

New definitions.

Section 2

New provision.

Section 3

The existing provision is as follows:

7 A coroner shall hold an inquest when required to do so in writing by a Judge of The Court of Queen’s Bench of New Brunswick, a member of the Executive Council or the Chief Coroner.

Section 4

The existing provision is as follows:

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

Section 5

Commencement provision.