Coroners Act

R.R.O. 1990, REGULATION 180

GENERAL

Consolidation Period:  From May 25, 2026 to the e-Laws currency date.

Last amendment: 153/26.

Legislative History: 128/92, 141/94, 104/95, 259/99, 98/04, 277/09, 232/10, 50/12, 151/12, 180/13, 302/16, CTR 22 JL 22 - 1, 153/26.

This is the English version of a bilingual Regulation.

CONTENTS

 

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.

Note: On January 1, 2027, the definition of “tissue sample” in subsection 1 (1) of the Regulation is amended by striking out “and” at the end of clause (d), by adding “and” at the end of clause (e) and by adding the following clause: (See: O. Reg. 153/26, s. 1)

(f) an extracted DNA sample.

(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 Area Number	Column 2 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.

Additional matters on which Oversight Council must advise Chief Coroner

4.1 (1) For the purposes of paragraph 7 of subsection 8.1 (1) of the Act, this section prescribes additional matters on which the Oversight Council must advise and make recommendations to the Chief Coroner. O. Reg. 302/16, s. 1.

(2) If the Chief Coroner has established a committee to advise coroners in connection with determinations to be made by them, in accordance with section 20 of the Act, regarding whether an inquest is necessary or unnecessary having regard to whether an inquest would serve the public interest, the Oversight Council shall advise and make recommendations to the Chief Coroner with respect to the terms of reference of the committee and the matters to be considered by the committee before providing the advice to a coroner. O. Reg. 302/16, s. 1.

(3) If the Chief Coroner is required to conduct a review under subsection 26 (2) of the Act, of a decision made by a coroner under subsection 26 (1) of the Act to not hold an inquest, the Oversight Council shall advise and make recommendations to the Chief Coroner with respect to the review. O. Reg. 302/16, s. 1.

(4) The advice and recommendations of the Oversight Council under subsection (3) may include,

(a) the factors the Chief Coroner should consider in the course of conducting the review, in order to decide whether or not to direct, under subsection 25 (1) of the Act, that an inquest be held; and

(b) the Oversight Council’s view as to whether or not the Chief Coroner should direct, under subsection 25 (1) of the Act, that an inquest be held. O. Reg. 302/16, s. 1.

(5) If a group of similar deaths has occurred, the Oversight Council shall advise and make recommendations to the Chief Coroner regarding whether it would serve the public interest to hold an inquest into one or more of these deaths. O. Reg. 302/16, s. 1.

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.

Note: On January 1, 2027, section 6 of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 2)

Policy re religious, conscientious beliefs and post mortems

6. The Chief Coroner and the Chief Forensic Pathologist shall jointly issue directions or guidelines on the accommodation of religious and conscientious beliefs in relation to the conduct of post mortem examinations and the collection and retention of tissue samples. O. Reg. 153/26, s. 2.

Retention, Storage and Disposal of Tissue Samples

Note: On January 1, 2027, the Regulation is amended by adding the following section immediately after the heading “Retention, Storage and Disposal of Tissue Samples”: (See: O. Reg. 153/26, s. 3)

Future genetic testing, mandatory collection, retention

6.1 (1) Subject to directions or guidelines issued under section 6, a pathologist who performs a post mortem examination of a body shall, if the pathologist is of the opinion that a genetic condition contributed to the person’s death, collect tissue samples from the body and retain them for the purpose of future genetic testing. O. Reg. 153/26, s. 3.

(2) Subject to directions or guidelines issued under section 6, a coroner who conducts or directs another person to conduct an examination or analysis under subsection 28 (2) of the Act shall, if the coroner is of the opinion that a genetic condition contributed to the person’s death, collect tissue samples from the body and retain them for the purpose of future genetic testing. O. Reg. 153/26, s. 3.

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.

Note: On January 1, 2027, subsection 7 (1) of the Regulation is amended by striking out “retain tissue samples obtained from the body” at the end and substituting “collect tissue samples from the body and retain them”. (See: O. Reg. 153/26, s. 4 (1))

(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.

Note: On January 1, 2027, subsection 7 (2) of the Regulation is amended by striking out “retain tissue samples obtained from the body” and substituting “collect tissue samples from the body and retain them”. (See: O. Reg. 153/26, s. 4 (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.

Note: On January 1, 2027, subsection 7 (3) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 4 (3))

(3) In deciding whether to collect or retain a tissue sample under subsection (1) or (2), including whether to collect or retain a tissue sample for the purpose of future genetic testing in circumstances other than those mentioned in section 6.1, a pathologist or coroner shall comply with 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. 153/26, s. 4 (3).

(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.

Note: On January 1, 2027, subsection 7 (4) of the Regulation is amended by striking out “may decide to retain” wherever it appears and substituting in each case “may decide to collect and retain”. (See: O. Reg. 153/26, s. 4 (4))

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).

Note: On January 1, 2027, subsection 8 (1) of the Regulation is amended by striking out “retain a tissue sample obtained from the body” and substituting “retain a tissue sample from the body”. (See: O. Reg. 153/26, s. 5 (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).

Note: On January 1, 2027, subsection 8 (2) of the Regulation is amended by striking out “retain a tissue sample obtained from the body” and substituting “retain a tissue sample from the body”. (See: O. Reg. 153/26, s. 5 (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).

Note: On January 1, 2027, subsection 8 (3) of the Regulation is amended by striking out “retain a tissue sample” and substituting “retain a tissue sample from a body”. (See: O. Reg. 153/26, s. 5 (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).

Note: On January 1, 2027, subsection 9 (1.1) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 6 (1))

(1.1) Subject to subsections (1.2), (1.3), (2) and (3), a tissue sample that is not a slide, paraffin block or dried blood sample may be retained for a maximum of two years. O. Reg. 153/26, s. 6 (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).

Note: On January 1, 2027, subsection 9 (1.2) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 6 (1))

(1.2) A tissue sample that is an extracted DNA sample or a sample collected for the purpose of future genetic testing must be retained for at least 50 years. O. Reg. 153/26, s. 6 (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),

Note: On January 1, 2027, subsection 9 (2) of the Regulation is amended by striking out “or (1.2)” at the end of the portion before clause (a). (See: O. Reg. 153/26, s. 6 (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).

Note: On January 1, 2027, subsection 9 (3) of the Regulation is amended by striking out “or (1.2)”. (See: O. Reg. 153/26, s. 6 (3))

(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).

Note: On January 1, 2027, subsection 9 (5) of the Regulation is amended by adding “(1.1) or (1.2)” after “(1)” and by striking out “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” at the end. (See: O. Reg. 153/26, s. 6 (4))

(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).

Note: On January 1, 2027, subsection 9 (6) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 6 (5))

(6) In the case of a tissue sample to which subsection (1.3) applies, the retention period begins on June 14, 2010. O. Reg. 153/26, s. 6 (5).

(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).

Note: On January 1, 2027, subsection 9 (7) of the Regulation is amended by adding “or (1.1)” after “subsection (1)”. (See: O. Reg. 153/26, s. 6 (6))

(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).

Note: On January 1, 2027, subsection 9 (8) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 6 (7))

(8) The retention period for a tissue sample to which subsection (1.2) applies ends in accordance with subsections (1.2) and (5). O. Reg. 153/26, s. 6 (7).

(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).

Note: On January 1, 2027, subsection 9 (9) of the Regulation is revoked. (See: O. Reg. 153/26, s. 6 (7))

(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).

Note: On January 1, 2027, subsection 9 (9.1) of the Regulation is amended by striking out “subsection (1.3) and clause (6) (a)” at the end and substituting “subsections (1.3) and (6)”. (See: O. Reg. 153/26, s. 6 (8))

(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).

Note: On January 1, 2027, subsection 9 (10) of the Regulation is revoked. (See: O. Reg. 153/26, s. 6 (9))

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).

Note: On January 1, 2027, subsection 10 (1.1) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 7 (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 (7), unless it is an organ, in which case it must not be disposed of before the 90^th 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. 153/26, s. 7 (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).

Note: On January 1, 2027, subsection 10 (1.2) of the Regulation is revoked and the following substituted: (See: O. Reg. 153/26, s. 7 (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 subsection 9 (8). O. Reg. 153/26, s. 7 (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).

Note: On January 1, 2027, section 10 of the Regulation is amended by adding the following subsections: (See: O. Reg. 153/26, s. 7 (2))

(2.0.1) Subsection (2) does not apply to an extracted DNA sample or a tissue sample collected for the purpose of future genetic testing. O. Reg. 153/26, s. 7 (2).

(2.0.2) The Chief Forensic Pathologist or the Chief Coroner shall dispose of a tissue sample that was collected for the purpose of future genetic testing if the deceased person’s personal representative so requests. O. Reg. 153/26, s. 7 (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.

Note: On January 1, 2027, paragraph 1 of subsection 10 (3) of the Regulation is amended by striking out “paraffin blocks and dried blood samples” and substituting “paraffin blocks, dried blood samples, extracted DNA samples and tissue samples retained for the purpose of future genetic testing”. (See: O. Reg. 153/26, s. 7 (3))

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).

Note: On January 1, 2027, paragraph 4 of subsection 10 (3) of the Regulation is amended by striking out “or (1.2)”. (See: O. Reg. 153/26, s. 7 (4))

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.

Note: On January 1, 2027, the Regulation is amended by striking out “an organ obtained from” and substituting “an organ collected from”. (See: O. Reg. 153/26, s. 8 (1))

(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).

Note: On January 1, 2027, subsection 11 (5) of the Regulation is amended by striking out “(1.2)” and substituting “(1.1)”. (See: O. Reg. 153/26, s. 8 (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.

Note: On January 1, 2027, the Regulation is amended by adding the following section: (See: O. Reg. 153/26, s. 9)

Genetic testing of retained tissue samples

12. (1) A request that a deceased person’s retained tissue sample be subjected to genetic testing may be made for the purpose of informing health care decisions of a genetic relative of the deceased by,

(a) the deceased person’s parent, sibling or child; or

(b) a substitute decision-maker, within the meaning of Part II of the Health Care Consent Act, 1996, of the deceased person’s parent, sibling or child. O. Reg. 153/26, s. 9.

(2) The request shall be made in writing to the Chief Coroner or the Chief Forensic Pathologist. O. Reg. 153/26, s. 9.

(3) On receipt of a request, the Chief Coroner or the Chief Forensic Pathologist shall decide whether the genetic testing should be conducted, based on their determination as to whether they reasonably expect that the testing will provide information that could inform health care decisions of the genetic relatives of the deceased. O. Reg. 153/26, s. 9.

(4) The Chief Coroner or the Chief Forensic Pathologist shall, in writing, inform the person who made the request of the decision made under subsection (3). O. Reg. 153/26, s. 9.

(5) If the Chief Coroner or Chief Forensic Pathologist determines that the requested testing should be done, they shall cause the tissue sample to be tested. O. Reg. 153/26, s. 9.

(6) On receipt of the results of the testing, the Chief Coroner or Chief Forensic Pathologist shall share the results with the person who made the request. O. Reg. 153/26, s. 9.

(7) The Chief Coroner or Chief Forensic Pathologist may, on request, share the results of the testing with any person authorized to make a request under subsection (1) but shall not provide information about the request made under subsection (1), including any information about the identity of the requestor. O. Reg. 153/26, s. 9.

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.