O. Reg. 63/23: FEES, ALLOWANCES AND FORMS

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ontario regulation 63/23

made under the

Coroners Act

Made: March 29, 2023
Filed: March 31, 2023
Published on e-Laws: March 31, 2023
Printed in The Ontario Gazette: April 15, 2023

Amending O. Reg. 19/15

(FEES, ALLOWANCES AND FORMS)

1. Section 4.1 of Ontario Regulation 19/15 is revoked and the following substituted:

Transporting a dead body

4.1 (1) In this section and in Schedule 4,

“funeral establishment” has the same meaning as in subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002; (“résidence funéraire”)

“operator” means a person licensed under the Funeral, Burial and Cremation Services Act, 2002 to operate a funeral establishment or a transfer service; (“exploitant”)

“transfer service” has the same meaning as in subsection 1 (1) of the Funeral, Burial and Cremation Services Act, 2002. (“service de transfert”)

(2) The fees and allowances set out in Schedule 4 are payable to an operator in respect of services to transport a dead body in connection with a coroner’s investigation on the authorization of the coroner.

2. Schedule 4 to the Regulation is revoked and the following substituted:

Schedule 4
Transporting a Dead Body

To a place for examination

1. As of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation to a place for examination, the amount that is the greater of the following:

i. The fee set out opposite the date in Column 2 of Table 1.

ii. An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A. The distance from the operator’s place of business to the place where the body is picked up.

B. The distance from the place where the body is picked up to the place where it is to be examined.

C. The distance from the place where the body is examined to the operator’s place of business.

From a place of examination

2. Subject to paragraph 3, as of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation from a place for examination to a subsequent location, the amount that is the lesser of the following:

i. An amount equal to the allowance that was payable under subparagraph 1 ii in respect of the body.

ii. An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A. The distance from the operator’s place of business to the place where the body was examined.

B. The distance from the place where the body was examined to the subsequent location.

C. If applicable, the distance from the subsequent location mentioned in sub-subparagraph B to the operator’s place of business.

3. No amount is payable under paragraph 2 in respect of the transportation of a dead body if the necessary travel by the operator who provided the service described in paragraph 1 in respect of the dead body over the distances described in sub-subparagraphs 1 ii A, B and C was less than 122 kilometres.

To a place for examination and to a subsequent location

4. As of a date set out in Column 1 of Table 1 of this Schedule, if the service provided by the operator is transportation over a total distance of at least 122 kilometres, consisting of transportation to a place for examination and to a subsequent location, the amount that is the lesser of the following:

i. An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A. The distance from the operator’s place of business to the place where the body is picked up.

B. The distance from the place where the body is picked up to the place where it is to be examined.

C. The distance from the place where the body is examined to the operator’s place of business or to the location of a funeral establishment near the place where the body was initially picked up.

D. If applicable, the distance from the funeral establishment mentioned in sub-subparagraph C to the operator’s place of business.

ii. An allowance for necessary travel by the operator over the following distances, calculated at the rate set out opposite the date in Column 3 of Table 1:

A. The distance from the operator’s place of business to the place where the body is picked up.

B. The distance from the place where the body is picked up to the place where it is to be examined.

C. The distance from the place where the body is examined to a location other than a place described in sub-subparagraph i C.

D. If applicable, the distance from the location mentioned in sub-subparagraph C to the operator’s place of business.

Increases by Chief Coroner

5. An amount mentioned in paragraph 1, 2 or 4 may be increased by the Chief Coroner to an amount that the Chief Coroner considers appropriate if, in their opinion, the increase is justified having regard to the special circumstances of the case.

Additional attendants

6. As of a date set out in Column 1 of Table 1 of this Schedule, if the service described in paragraph 1, 2 or 4 necessarily requires the use of more than two attendants at the same time,

i. the fee set out opposite the date in Column 4 of Table 1 for each additional attendant beyond the first two attendants, and

ii. subject to paragraph 7, an allowance for necessary travel of each of the additional attendants over the distance to and from the location or locations where they provide the service and calculated at the rate of,

A. in southern Ontario, 40 cents per kilometre per additional vehicle required, and

B. in northern Ontario, 41 cents per kilometre per additional vehicle required.

7. If the reimbursement rate for travel in southern Ontario or northern Ontario set out in the document entitled “Travel, Meal and Hospitality Expenses Directive”, published by Management Board of Cabinet and available on a website of the Government of Ontario, as amended from time to time, is higher than the applicable rate in sub-subparagraph 6 ii A or B in respect of the date of transportation, the allowance under sub-subparagraph 6 ii A or B shall be calculated at the applicable rate set out in that document.

Additional fees

8. As of a date set out in Column 1 of Table 2 of this Schedule, the following fees apply in respect of a service described in paragraph 1 or 4:

i. If more than one dead body is transported at the same time as part of providing the service, the fee set out opposite the date in Column 2 of Table 2 for each additional dead body.

ii. If providing the service necessarily requires the use of a body pouch, the fee set out opposite the date in Column 3 of Table 2 for each required body pouch.

iii. If providing the service necessarily requires overnight storage of a body, for each instance of a body stored overnight, the fee set out opposite the date in Column 4 of Table 2.

iv. If providing the service necessarily occurs either between 7 p.m. and 7 a.m. or on a day that is a holiday as defined in the Retail Business Holidays Act, the fee set out opposite the date in Column 5 of Table 2 for each time the service is provided either between those hours or on a holiday or both.

v. If waiting time in excess of one half hour is necessarily incurred in connection with providing a service, for each hour of waiting time but not exceeding eight hours per 24-hour period,

A. the fee set out opposite the date in Column 6 of Table 2, in the case of a single attendant who is required to wait, or

B. the fee set out opposite the date in Column 7 of Table 2, in the case of two or more attendants who are required to wait.

vi. If the coroner approves transportation by means other than a motor vehicle as part of providing the service,

A. a fee equal to the amount paid for the transportation, and

B. in the case of transportation by air or rail, the additional administrative fee set out opposite the date in Column 8 of Table 2.

9. As of a date set out in Column 1 of Table 2 of this Schedule, the fees described in subparagraphs 8 i and vi apply in respect of a service described in paragraph 2.

10. If providing a service described in paragraph 1, 2 or 4 necessarily requires any attendants to seek overnight accommodation, for each night,

i. a total allowance of $300 for all attendants, or

ii. actual reasonably incurred expenses by attendants, supported by receipts and not exceeding $425 for all attendants, for accommodation and related expenses.

Table 1

Item	Column 1 Date	Column 2 Flat fee (transportation to place for examination)	Column 3 Allowance	Column 4 Fee for each additional attendant (if more than two attendants)
1.	April 1, 2023	$550	$4.50 per kilometre	$110
2.	April 1, 2024	$569.25	$4.66 per kilometre	$113.85
3.	April 1, 2025	$589.17	$4.82 per kilometre	$117.83
4.	April 1, 2026	$609.79	$4.99 per kilometre	$121.95
5.	April 1, 2027	$631.13	$5.16 per kilometre	$126.22

 

Table 2

Item	Column 1 Date	Column 2 Fee per additional body	Column 3 Fee per body pouch	Column 4 Fee per night of overnight storage of body	Column 5 Fee for 7 p.m. to 7 a.m. or holiday	Column 6 Fee per hour of waiting time (one attendant)	Column 7 Fee per hour of waiting time (two or more attendants)	Column 8 Administrative fee for air or rail
1.	April 1, 2023	$75	$50	$95	$120	$55	$110	$95
2.	April 1, 2024	$77.63	$51.75	$98.33	$124.20	$56.93	$113.85	$98.33
3.	April 1, 2025	$80.35	$53.56	$101.77	$128.55	$58.92	$117.83	$101.77
4.	April 1, 2026	$83.16	$55.43	$105.33	$133.05	$60.98	$121.95	$105.33
5.	April 1, 2027	$86.07	$57.37	$109.02	$137.71	$63.11	$126.22	$109.02

 

O. Reg. 114/19

3. Subsection 4 (5) of Ontario Regulation 114/19 is revoked.

Commencement

4. (1) Except as otherwise provided in this section, this Regulation comes into force on the day it is filed.

(2) Section 1 comes into force on the later of April 1, 2023 and the day this Regulation is filed.

Made by:
Pris par :

Le solliciteur général,

Michael Kerzner

Solicitor General

Date made: March 29, 2023
Pris le : 29 mars 2023

 

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