O. Reg. 232/10: GENERAL


Published: 2010-06-14

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ontario regulation 232/10

made under the

coroners act

Made: April 28, 2010
Filed: June 14, 2010
Published on e-Laws: June 16, 2010
Printed in The Ontario Gazette: July 3, 2010


Amending Reg. 180 of R.R.O. 1990

(General)

1. Section 1 of Regulation 180 of the Revised Regulations of Ontario, 1990 is revoked and the following substituted:

Definitions

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, any one of the deceased person’s children, or

(iii) if there are no children or none can be identified or none is willing or able to act, either one of the deceased person’s parents, or

(iv) 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 portion of an organ, and

(e) a paraffin block containing an organ or a portion of an organ. (“échantillon de tissus”)

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

“organ” includes a portion of an organ that is a substantial proportion of the whole organ.

(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. 

2. Section 3 of the Regulation is revoked and the following substituted:

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.

(2) The Chief Coroner and Chief Forensic Pathologist shall be non-voting members of the Oversight Council.

(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.

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).

(2) The Chief Coroner and Chief Forensic Pathologist shall not be members of the complaints committee of the Oversight Council.

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.

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.

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.

(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.

(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.

(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.

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.

(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.

(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.

(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.

(5) This section applies to all tissue samples, whether they were first retained before, on or after June 14, 2010.

Retention periods

9. (1) Subject to subsections (2) and (3), the retention periods for tissue samples first retained on or after June 14, 2010 are as follows:

1. Slides, paraffin blocks and dried blood samples must be retained,

i. for at least 50 years, if the deceased person was 18 years old or younger,

ii. for at least 20 years, if the deceased person was older than 18.

2. Body fluids may be retained for a maximum of five years.

3. Any other tissue samples may be retained for a maximum of two years.

(2) Subject to section 11, where a pathologist or coroner decides to retain a tissue sample described in paragraph 2 or 3 of subsection (1),

(a) the pathologist or coroner may dispose of the tissue sample before the expiry of the maximum period set out in that paragraph 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 paragraph 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 paragraph if he or she is of the opinion that there is a compelling reason to do so.

(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 paragraph 2 or 3 of subsection (1), 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.


(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.

(5) The retention periods determined under this section for tissue samples described in paragraph 1 of subsection (1), whether they were first retained before, on or after June 14, 2010, and for tissue samples described in paragraph 2 or 3 of subsection (1) that were first retained on or after June 14, 2010 begin when the body from which the tissue sample was removed is made available for burial, cremation or other disposition without the tissue sample.

(6) The retention periods determined under this section for tissue samples described in paragraph 2 or 3 of subsection (1) that were first retained before June 14, 2010 and are still retained on that day begin on June 14, 2010.

(7) The retention period for all tissue samples ends as set out in subsection (1) or when the Chief Forensic Pathologist or Chief Coroner, or the designate of either, makes a decision under subsection (3), as the case may be.

Disposal requirements

10. (1) The disposal requirements for retained tissue samples are as follows:

1. Slides, paraffin blocks and dried blood samples may be destroyed at any time after the end of their retention period as determined under section 9.

2. Other tissue samples must be destroyed at the end of their retention period as determined under section 9.

3. Despite paragraph 2, an organ may not be destroyed until at least 90 days after the body has been 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 cannot be destroyed except in accordance with subsection 11 (9). 

(2) Despite subsection (1), 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) The persons or entities responsible for complying with subsection (1) or disposing of a tissue sample pursuant to 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.

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 1, 2 and 3, in respect of tissue samples retained for longer than the maximum period set out in paragraph 2 or 3 of subsection 9 (1), the person who decides under subclause 9 (2) (b) (ii) to retain the tissue sample for a longer period.

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.

(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.

(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.


(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.

(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 paragraph 3 of subsection 9 (1) 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.

(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).

(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.

(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.

(9) If the organ is not collected within 30 days after it has been made available for collection, the organ may be destroyed.

3. This Regulation comes into force on the day it is filed.

 

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