O. Reg. 50/12: GENERAL
filed April 10, 2012 under Coroners Act, R.S.O. 1990, c. C.37
Skip to contentontario regulation 50/12
made under the
coroners act
Made: April 4, 2012
Filed: April 10, 2012
Published on e-Laws: April 11, 2012
Printed in The Ontario Gazette: April 28, 2012
Amending Reg. 180 of R.R.O. 1990
(General)
1. (1) Clause (b) of the definition of “personal representative” in subsection 1 (1) of Regulation 180 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:
(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.
(2) The French version of the definition of “tissue sample” in subsection 1 (1) of the Regulation is amended by striking out “échantillon de tissus” and substituting “échantillon de tissu”.
2. The French version of subsection 7 (3) of the Regulation is amended by striking out “un échantillon de tissus” and substituting “un échantillon de tissu”.
3. (1) The French version of subsection 8 (1) of the Regulation is amended by striking out “un échantillon de tissus” and substituting “un échantillon de tissu” and by striking out “l’échantillon de tissus” and substituting “l’échantillon de tissu”.
(2) The French version of subsection 8 (2) of the Regulation is amended by striking out “un échantillon de tissus” and substituting “un échantillon de tissu” and by striking out “l’échantillon de tissus” and substituting “l’échantillon de tissu”.
(3) The French version of subsection 8 (3) of the Regulation is amended by striking out “un échantillon de tissus” and substituting “un échantillon de tissu” and by striking out “l’échantillon de tissus” and substituting “l’échantillon de tissu”.
(4) The French version of subsection 8 (5) of the Regulation is amended by adding “pour la première fois” after “conservés”.
4. (1) Subsection 9 (1) of the Regulation is revoked and the following substituted:
Retention periods
(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.
(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.
(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 first retained on or after June 14, 2010, or first retained before June 14, 2010 and still retained on that day.
(2) Subsection 9 (2) of the Regulation is amended by striking out “a tissue sample described in paragraph 2 or 3 of subsection (1)” in the portion before clause (a) and substituting “a tissue sample described in subsection (1.1) or (1.2)”.
(3) Clause 9 (2) (a) of the Regulation is amended by striking out “the pathologist or coroner may dispose of the tissue sample before the expiry of the maximum period set out in that paragraph” at the beginning and substituting “the pathologist or coroner may dispose of the tissue sample before the expiry of the maximum period set out in that subsection”.
(4) The French version of clause 9 (2) (b) of the Regulation is amended by striking out “dans le cas d’un échantillon de tissus” wherever it appears in the portion before subclause (i) and substituting in each case “dans le cas d’un échantillon de tissu”.
(5) Subclause 9 (2) (b) (i) of the Regulation is amended by striking out “may decide that the tissue sample be disposed of before the expiry of the maximum period set out in that paragraph” at the beginning and substituting “may decide that the tissue sample be disposed of before the expiry of the maximum period set out in that subsection”.
(6) Subclause 9 (2) (b) (ii) of the Regulation is amended by striking out “may decide that the tissue sample be retained for longer than the maximum period set out in that paragraph” at the beginning and substituting “may decide that the tissue sample be retained for longer than the maximum period set out in that subsection”.
(7) Subsection 9 (3) of the Regulation is amended by striking out “to retain a tissue sample for longer than the maximum period set out in paragraph 2 or 3 of subsection (1)” and substituting “to retain a tissue sample for longer than the maximum period set out in subsection (1.1) or (1.2)”.
(8) The French version of clause 9 (4) (a) of the Regulation is amended by striking out “un échantillon de tissus” at the end and substituting “un échantillon de tissu”.
(9) The French version of clause 9 (4) (b) of the Regulation is amended by striking out “un échantillon de tissus” at the end and substituting “un échantillon de tissu”.
(10) Subsections 9 (5), (6) and (7) of the Regulation are revoked and the following substituted:
(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.
(6) In the case of a tissue sample to which subsection (1.1) or (1.2) 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.
(7) The retention period for a tissue sample that is a slide, paraffin block or dried blood sample ends in accordance with subsections (1) and (5).
(8) The retention period for a tissue sample that is a body fluid ends in accordance with subsections (1.1) and (6).
(9) The retention period for a tissue sample that is not a slide, paraffin block, dried blood sample or body fluid ends in accordance with subsections (1.2) and (6).
(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.
5. (1) Subsection 10 (1) of the Regulation is revoked and the following substituted:
Disposal
(1) A tissue sample that is a slide, paraffin block or dried blood sample may be destroyed after the end of its retention period as determined under section 9.
(1.1) A tissue sample that is not a slide, paraffin block or dried blood sample must be destroyed promptly after the end of its retention period as determined under section 9.
(1.2) Despite subsection (1.1), a tissue sample that is an organ must not be destroyed 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 and, if a request is made by the deceased person’s personal representative under subsection 11 (3), it must not be destroyed except in accordance with subsection 11 (9).
(2) Subsection 10 (2) of the Regulation is revoked and the following substituted:
(2) Despite subsections (1), (1.1) and (1.2), 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 direct that the tissue sample be disposed of other than by being destroyed if he or she is of the opinion that there is a compelling reason to do so.
(3) Subsection 10 (3) of the Regulation is amended by striking out “The persons or entities responsible for complying with subsection (1) or disposing of a tissue sample pursuant to a direction made under subsection (2)” in the portion before paragraph 1 and substituting “The persons or entities responsible for complying with subsections (1), (1.1) and (1.2) or disposing of a tissue sample pursuant to a direction made under subsection (2)”.
(4) The French version of paragraph 3 of subsection 10 (3) of the Regulation is amended by striking out “le pathologiste qui a décidé de conserver l’échantillon de tissus” and substituting “le pathologiste qui a décidé de conserver l’échantillon de tissu”.
(5) Paragraph 4 of subsection 10 (3) of the Regulation is revoked and the following substituted:
4. Despite paragraphs 1, 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.
6. (1) The French version of subsection 11 (3) of the Regulation is amended by adding “pour la première fois” after “conservé”.
(2) Subsection 11 (5) of the Regulation is amended by striking out “paragraph 3 of subsection 9 (1)” and substituting “subsection 9 (1.2)”.
Commencement
7. This Regulation comes into force on the day it is filed.