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Coroners Act

R.R.O. 1990, REGULATION 180

GENERAL

Consolidation Period: From June 5, 2013 to the e-Laws currency date.

Last amendment: O. Reg. 180/13.

This is the English version of a bilingual Regulation.

Interpretation and Application

Interpretation

1.  (1)  In this Regulation,

“personal representative” means,

(a) “personal representative”, as defined in the Estates Administration Act, or

(b) if no such person can be identified,

(i) the deceased person’s spouse, or

(ii) if there is no spouse or if no spouse can be identified or if the spouse is not willing or able to act,

(A) any one of the deceased person’s children, or

(B) if there are no children or none can be identified or none is willing or able to act,

(1) either one of the deceased person’s parents, or

(2) if there are no parents or neither can be identified or neither is willing or able to act, any one of the deceased person’s brothers or sisters; (“représentant personnel”)

“tissue sample” includes,

(a) body fluid,

(b) a dried blood sample,

(c) an organ or a portion of an organ,

(d) a slide containing body fluid, a dried blood sample or a small piece of an organ, and

(e) a paraffin block containing a small piece of an organ. O. Reg. 232/10, s. 1; O. Reg. 50/12, s. 1; O. Reg. 180/13, s. 1.

(2)  In sections 8, 9, 10 and 11 of this Regulation,

“organ” includes a portion of an organ that is a substantial proportion of the whole organ. O. Reg. 232/10, s. 1; O. Reg. 151/12, s. 1 (1); O. Reg. 180/13, s. 2.

(2.1)  In this Regulation, a reference to disposal of a tissue sample includes disposal as waste in accordance with applicable legislation or disposal as human remains in accordance with applicable legislation. O. Reg. 151/12, s. 1 (2).

(3)  For the purposes of subsections 10 (4.7) and (4.8) of the Act,

“restrain” means to place under control by the use of force or mechanical means, but does not include placing under control by the use of chemicals or by means of seclusion in a secure area. O. Reg. 232/10, s. 1.

Prescribed areas for coroners’ appointments

2.  The areas composed of the geographic areas prescribed under the Territorial Division Act, 2002 that are set out in Column 2 of the Table to this section are established under subsection 3 (5) of the Coroners Act as areas to be known by the numbers set opposite them in Column 1 of the Table.

TABLE
AREAS

Column 1

Column 2

Area Number

Area

1.

Essex, Chatham-Kent and Lambton

2.

Elgin, Middlesex and Oxford

3.

Huron and Perth

4.

Bruce and Grey

5.

Waterloo and Wellington

6.

Brant, Haldimand and Norfolk

7.

Niagara

8.

Halton and Hamilton

9.

Toronto, Peel and York

10.

Dufferin and Simcoe

11.

Durham and Northumberland

12.

Haliburton, Kawartha Lakes and Peterborough

13.

Frontenac, Hastings, Lennox and Addington and Prince Edward

14.

Lanark and Leeds and Grenville

15.

Stormont, Dundas and Glengarry and Prescott and Russell

16.

Ottawa

17.

Renfrew and Nipissing

18.

Muskoka and Parry Sound

19.

Algoma, Manitoulin, Sudbury and Timiskaming

20.

Cochrane

21.

Thunder Bay

22.

Kenora and Rainy River

O. Reg. 277/09, s. 1.

Oversight Council

Composition of Oversight Council

3.  (1)  The Oversight Council shall be composed of the following persons:

1. A person who has retired as a judge of any federal, provincial or territorial court.

2. The Chief Coroner.

3. The Chief Forensic Pathologist.

4. A person nominated by the Minister.

5. The Dean or Associate Dean of an Ontario medical school or a person who teaches full-time at an Ontario medical school.

6. A person employed under Part III of the Public Service of Ontario Act, 2006 who is nominated by the Minister of Health and Long-Term Care.

7. Two persons employed under Part III of the Public Service of Ontario Act, 2006 who are nominated by the Attorney General.

8. Two persons, each of whom is a president, chief executive officer or other senior administrator of an Ontario public hospital.

9. At least three members of the public. O. Reg. 232/10, s. 2.

(2)  The Chief Coroner and Chief Forensic Pathologist shall be non-voting members of the Oversight Council. O. Reg. 232/10, s. 2.

(3)  Despite subsection (1), the Oversight Council is deemed to be fully constituted and able to exercise its powers and duties if one, two, three or four positions are vacant. O. Reg. 232/10, s. 2.

Composition of complaints committee

4.  (1)  The complaints committee of the Oversight Council shall be composed of at least three members of the Oversight Council, at least one of whom must be a member of the public appointed under paragraph 9 of subsection 3 (1). O. Reg. 232/10, s. 2.

(2)  The Chief Coroner and Chief Forensic Pathologist shall not be members of the complaints committee of the Oversight Council. O. Reg. 232/10, s. 2.

Powers and Duties of the Chief Coroner and the Chief Forensic Pathologist

Rules re register of pathologists

5.  The Chief Forensic Pathologist may make rules respecting the maintenance of the register of pathologists under section 7.1 of the Act and the authorization of pathologists to provide services under the Act. O. Reg. 232/10, s. 2.

Policy re religious beliefs and post mortems

6.  The Chief Coroner and the Chief Forensic Pathologist shall jointly issue directions or guidelines on the accommodation of religious beliefs in relation to the conduct of post mortem examinations and the retention of tissue samples. O. Reg. 232/10, s. 2.

Retention, Storage and Disposal of Tissue Samples

Decision to retain tissue samples

7.  (1)  A pathologist who performs a post mortem examination of a body may decide to retain tissue samples obtained from the body. O. Reg. 232/10, s. 2.

(2)  A coroner who conducts or directs another person to conduct an examination or analysis under subsection 28 (2) of the Act may decide to retain tissue samples obtained from the body, other than whole organs. O. Reg. 232/10, s. 2.

(3)  In deciding whether to retain a tissue sample, a pathologist or coroner shall have regard to any directions or guidelines issued by the Chief Forensic Pathologist or Chief Coroner, respectively, or jointly by the Chief Forensic Pathologist and Chief Coroner. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 2.

(4)  A pathologist may decide to retain a whole organ under subsection (1) only if he or she is so authorized by the Chief Forensic Pathologist or his or her designate and a coroner may decide to retain other tissue samples under subsection (2) only if he or she is so authorized by the Chief Coroner or his or her designate. O. Reg. 232/10, s. 2.

Storage

8.  (1)  If a pathologist who performs a post mortem examination of a body in a hospital decides to retain a tissue sample obtained from the body, the hospital shall be responsible for storing the tissue sample and for complying with the retention periods determined under section 9. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 3 (1).

(2)  If a pathologist who performs a post mortem examination of a body in the Provincial Forensic Pathology Unit decides to retain a tissue sample obtained from the body, the Chief Forensic Pathologist shall be responsible for storing the tissue sample and for complying with the retention periods determined under section 9. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 3 (2).

(3)  If a coroner decides to retain a tissue sample, the Chief Coroner shall be responsible for storing the tissue sample and for complying with the retention periods determined under section 9. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 3 (3).

(3.1)  Despite subsections (1), (2) and (3), if a tissue sample that is an organ is first retained before June 14, 2010, the Chief Forensic Pathologist shall be responsible for storing the tissue sample and for complying with the retention periods determined under section 9. O. Reg. 180/13, s. 3 (1).

(4)  The hospital, Chief Forensic Pathologist or Chief Coroner, as the case may be, shall ensure that retained tissue samples are stored in a secure location. O. Reg. 232/10, s. 2.

(5)  Revoked: O. Reg. 180/13, s. 3 (2).

Retention periods

9.  (1)  If first retained on or after June 14, 2010, or first retained before June 14, 2010 and still retained on that day, a tissue sample that is a slide, paraffin block or dried blood sample must be retained for,

(a) at least 50 years, if the deceased person was 18 years old or younger;

(b) at least 20 years, if the deceased person was older than 18. O. Reg. 50/12, s. 4 (1).

(1.1)  Subject to subsections (2) and (3), a tissue sample that is a body fluid may be retained for,

(a) a maximum of five years, if first retained on or after June 14, 2010 but before May 1, 2012, or first retained before June 14, 2010 and still retained on that day;

(b) a maximum of two years, if first retained on or after May 1, 2012. O. Reg. 50/12, s. 4 (1).

(1.2)  Subject to subsections (2) and (3), a tissue sample that is not a slide, paraffin block, dried blood sample or body fluid may be retained for a maximum of two years, if,

(a) it is first retained on or after June 14, 2010; or

(b) it is first retained before June 14, 2010, is still retained on that day and is not an organ. O. Reg. 180/13, s. 4 (1).

(1.3)  If first retained before June 14, 2010 and still retained on that day, a tissue sample that is an organ must be retained for at least eight years. O. Reg. 180/13, s. 4 (1).

(2)  Subject to section 11, where a pathologist or coroner decides to retain a tissue sample described in subsection (1.1) or (1.2),

(a) the pathologist or coroner may dispose of the tissue sample before the expiry of the maximum period set out in that subsection if he or she determines, with the approval of the Chief Forensic Pathologist or the Chief Coroner, or the designate of either, as the case may be, that there is no longer sufficient reason to retain the tissue sample;

(b) the Chief Forensic Pathologist or his or her designate, in the case of a tissue sample retained by a pathologist, or the Chief Coroner or his or her designate, in the case of a tissue sample retained by a coroner,

(i) may decide that the tissue sample be disposed of before the expiry of the maximum period set out in that subsection if he or she is of the opinion that there is no longer sufficient reason to retain the tissue sample, or

(ii) may decide that the tissue sample be retained for longer than the maximum period set out in that subsection if he or she is of the opinion that there is a compelling reason to do so. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (2-6).

(3)  Where the Chief Forensic Pathologist or Chief Coroner, or the designate of either, has decided under subclause (2) (b) (ii) to retain a tissue sample for longer than the maximum period set out in subsection (1.1) or (1.2), the Chief Forensic Pathologist or Chief Coroner or the designate of either, as the case may be, may decide that the tissue sample be disposed of at any time if he or she is of the opinion that there is no longer a compelling reason to retain it. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (7).

(4)  For the purposes of subsections (2) and (3), the Chief Forensic Pathologist and Chief Coroner or the designate of either,

(a) shall ask one another for advice on whether a tissue sample should be retained or disposed of; and

(b) may ask the Oversight Council for advice on whether a tissue sample should be retained or disposed of. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (8, 9).

(5)  In the case of a tissue sample to which subsection (1) applies, the retention period begins when the body from which the tissue was removed is or was made available for burial, cremation or other disposition without the tissue, regardless of whether the tissue sample is first retained on or after June 14, 2010, or was first retained before June 14, 2010 and is still retained on that day. O. Reg. 50/12, s. 4 (10).

(6)  In the case of a tissue sample to which subsection (1.1), (1.2) or (1.3) applies, the retention period begins,

(a) on June 14, 2010, if the tissue sample was first retained before June 14, 2010 and is still retained on that day;

(b) when the body from which the tissue was removed is made available for burial, cremation or other disposition without the tissue, if the tissue sample is first retained on or after June 14, 2010. O. Reg. 50/12, s. 4 (10); O. Reg. 180/13, s. 4 (2).

(7)  The retention period for a tissue sample to which subsection (1) applies ends in accordance with subsections (1) and (5). O. Reg. 180/13, s. 4 (3).

(8)  The retention period for a tissue sample to which subsection (1.1) applies ends in accordance with subsections (1.1) and (6). O. Reg. 180/13, s. 4 (3).

(9)  The retention period for a tissue sample to which subsection (1.2) applies ends in accordance with subsections (1.2) and (6). O. Reg. 180/13, s. 4 (3).

(9.1)  The retention period for a tissue sample to which subsection (1.3) applies ends in accordance with subsection (1.3) and clause (6) (a). O. Reg. 180/13, s. 4 (3).

(10)  Despite subsections (8) and (9), if a pathologist or coroner decides to dispose of a tissue sample under clause (2) (a), or the Chief Forensic Pathologist or Chief Coroner, or the designate of either, decides to dispose of a tissue sample under subclause (2) (b) (i) or subsection (3), the retention period for the tissue sample ends when the decision is made. O. Reg. 50/12, s. 4 (10).

Disposal

10.  (1)  A tissue sample to which subsection 9 (1) applies may be disposed of after the end of its retention period as determined under subsection 9 (7). O. Reg. 180/13, s. 5 (1).

(1.1)  A tissue sample to which subsection 9 (1.1) applies must be disposed of promptly after the end of its retention period as determined under subsection 9 (8). O. Reg. 180/13, s. 5 (1).

(1.2)  A tissue sample to which subsection 9 (1.2) applies must be disposed of promptly after the end of its retention period as determined under section 9 (9), unless it is an organ, in which case it must not be disposed of before the 90th day after the body from which the organ was removed is or was made available for burial, cremation or other disposition without the organ. O. Reg. 180/13, s. 5 (1).

(1.3)  A tissue sample to which subsection 9 (1.3) applies may be disposed of after the end of its retention period as determined under subsection 9 (9.1) if the Chief Forensic Pathologist so directs. O. Reg. 180/13, s. 5 (1).

(1.4)  The Chief Forensic Pathologist may issue a direction under subsection (1.3) with respect to a particular tissue sample or a class of tissue samples. O. Reg. 180/13, s. 5 (1).

(1.5)  Before issuing a direction under subsection (1.3), the Chief Forensic Pathologist,

(a) shall ask the Chief Coroner for advice on whether the tissue sample or class of tissue samples should be retained or disposed of; and

(b) may ask the Oversight Council for advice on whether the tissue sample or class of tissue samples should be retained or disposed of. O. Reg. 180/13, s. 5 (1).

(2)  Despite subsections (1), (1.1), (1.2) and (1.3), the Chief Forensic Pathologist or his or her designate, in the case of a tissue sample retained by a pathologist, or the Chief Coroner or his or her designate, in the case of a tissue sample retained by a coroner, may, if he or she is of the opinion that there is a compelling reason to do so, direct that the tissue sample be made available for collection by the deceased person’s personal representative in order to be buried or cremated. O. Reg. 151/12, s.  3 (3); O. Reg. 180/13, s. 5 (2).

(2.1)  A tissue sample that is collected after it is made available for collection under subsection (2) must be buried or cremated in accordance with applicable legislation without undue delay. O. Reg. 151/12, s. 3 (3).

(2.2)  If the tissue sample is not collected within 30 days after it has been made available for collection, it may be disposed of by the person who made the direction under subsection (2). O. Reg. 151/12, s. 3 (3).

(2.3)  Despite subsections (1.2), (1.3) and (2), if a request is made by the deceased person’s personal representative under subsection 11 (3), the organ must be dealt with in accordance with subsections 11 (4) to (9). O. Reg. 151/12, s. 3 (3); O. Reg. 180/13, s. 5 (3).

(3)  The persons or entities responsible for complying with subsections (1), (1.1), (1.2) and (1.3) or a direction made under subsection (2) are the following:

1. In respect of slides, paraffin blocks and dried blood samples, the hospital, Chief Forensic Pathologist or Chief Coroner who is responsible under section 8 for their storage.

1.1 In respect of a tissue sample that is an organ and is first retained before June 14, 2010, the Chief Forensic Pathologist.

2. In respect of other tissue samples retained by a coroner, the coroner responsible for the investigation into the death or another coroner assigned by the Chief Coroner or his or her designate.

3. In respect of other tissue samples retained by a pathologist, the pathologist who decided to retain the tissue sample or another pathologist assigned by the Chief Forensic Pathologist or his or her designate.

4. Despite paragraphs 2 and 3, in respect of tissue samples retained for longer than the maximum period set out in subsection 9 (1.1) or (1.2) by virtue of a decision made under subclause 9 (2) (b) (ii), the person who made the decision. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 5 (3-5); O. Reg. 151/12, s. 3 (4); O. Reg. 180/13, s. 5 (4-6).

Retention of organs and giving them to deceased’s personal representative

11.  (1)  A pathologist shall promptly notify the coroner who is responsible for the investigation into the death if the pathologist decides to retain an organ. O. Reg. 232/10, s. 2.

(2)  Upon being notified, the coroner shall make reasonable efforts to promptly notify the deceased person’s personal representative that an organ obtained from the deceased person’s body has been retained. O. Reg. 232/10, s. 2.

(3)  The deceased person’s personal representative may at any time ask the coroner responsible for the investigation into the death that the organ be made available for burial or cremation; in the case of an organ that was first retained before June 14, 2010 and is still retained on that day, the deceased person’s personal representative may make this request of the Chief Coroner or his or her designate at any time. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 6 (1).

(4)  Upon receipt of a request under subsection (3) to a coroner, the coroner shall inform the pathologist who conducted the post mortem examination, or another pathologist assigned by the Chief Forensic Pathologist or his or her designate, of the request and the pathologist shall decide whether or not to continue to retain the organ; in the case of a request under subsection (3) to the Chief Coroner or his or her designate, the Chief Coroner or his or her designate shall inform the Chief Forensic Pathologist or his or her designate of the request and the decision whether or not to continue to retain the organ shall be made by the Chief Forensic Pathologist or his or her designate. O. Reg. 232/10, s. 2.

(5)  Despite subsection (4), if the request under subsection (3) to a coroner is made in respect of an organ that has been retained for longer than the maximum period set out in subsection 9 (1.2) pursuant to a decision made by the Chief Forensic Pathologist or his or her designate under subclause 9 (2) (b) (ii), the pathologist shall refer the request to the Chief Forensic Pathologist or his or her designate and the Chief Forensic Pathologist or his or her designate shall decide whether or not to continue to retain the organ. O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 6 (2).

(6)  Clause 9 (2) (a) and subsection 9 (4) apply to a pathologist’s decision under subsection (4) and subsection 9 (4) applies to the decision of the Chief Forensic Pathologist or his or her designate under subsection (4) or (5). O. Reg. 232/10, s. 2.

(7)  If the decision made under subsection (4) or (5) is to no longer retain the organ, the pathologist shall make the organ available for collection in order to be buried or cremated. O. Reg. 232/10, s. 2.

(8)  An organ that is collected after it is made available for collection under subsection (7) must be buried or cremated in accordance with applicable legislation without undue delay. O. Reg. 232/10, s. 2.

(9)  If the organ is not collected within 30 days after it has been made available for collection, it may be disposed of by the Chief Forensic Pathologist or his or her designate. O. Reg. 151/12, s. 4.

12.-16.  Revoked: O. Reg. 277/09, s. 1.

17.-22.  Revoked: O. Reg. 259/99, s. 1.

23.  Revoked: O. Reg. 128/92, s. 1.

24.-41.  Revoked: O. Reg. 259/99, s. 1.

SCHEDULES 1-4 Revoked: O. Reg. 277/09, s. 2.

SCHEDULES 5-11 Revoked: O. Reg. 259/99, s. 2.

FORMS 1-16 Revoked: O. Reg. 259/99, s. 3.

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