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ontario regulation 180/13

made under the

Coroners Act

Made: May 1, 2013
Filed: June 5, 2013
Published on e-Laws: June 5, 2013
Printed in The Ontario Gazette: June 22, 2013


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

(GENERAL)

1. (1) Clause (d) of the definition of “tissue sample” in subsection 1 (1) of Regulation 180 of the Revised Regulations of Ontario, 1990 is amended by striking out “portion” and substituting “small piece”.

(2) Clause (e) of the definition of “tissue sample” in subsection 1 (1) of the Regulation is revoked and the following substituted:

(e) a paraffin block containing a small piece of an organ.

2. Subsection 1 (2) of the Regulation is amended by striking out “In sections 9, 10 and 11” at the beginning in the portion before the definition and substituting “In sections 8, 9, 10 and 11”.

3. (1) Section 8 of the Regulation is amended by adding the following subsection:

(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.

(2) Subsection 8 (5) of the Regulation is revoked.

4. (1) Subsection 9 (1.2) of the Regulation is revoked and the following substituted:

(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.

(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.

(2) Subsection 9 (6) of the Regulation is amended by striking out “to which subsection (1.1) or (1.2) applies” in the portion before clause (a) and substituting “to which subsection (1.1), (1.2) or (1.3) applies”.

(3) Subsections 9 (7), (8) and (9) of the Regulation are revoked and the following substituted:

(7) The retention period for a tissue sample to which subsection (1) applies ends in accordance with subsections (1) and (5).

(8) The retention period for a tissue sample to which subsection (1.1) applies ends in accordance with subsections (1.1) and (6).

(9) The retention period for a tissue sample to which subsection (1.2) applies ends in accordance with subsections (1.2) and (6).

(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).

5. (1) Subsections 10 (1), (1.1) and (1.2) of the Regulation are revoked and the following substituted:

Disposal

(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).

(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).

(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.

(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.

(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.

(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.

(2) Subsection 10 (2) of the Regulation is amended by striking out “Despite subsections (1), (1.1) and (1.2)” at the beginning and substituting “Despite subsections (1), (1.1), (1.2) and (1.3)”.

(3) Subsection 10 (2.3) of the Regulation is amended by striking out “Despite subsections (1.1), (1.2) and (2)” at the beginning and substituting “Despite subsections (1.2), (1.3) and (2)”.

(4) Subsection 10 (3) of the Regulation is amended by striking out “subsections (1), (1.1) and (1.2)” in the portion before paragraph 1 and substituting “subsections (1), (1.1), (1.2) and (1.3)”.

(5) Subsection 10 (3) of the Regulation is amended by adding the following paragraph:

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

(6) Paragraph 4 of subsection 10 (3) of the Regulation is amended by striking out “Despite paragraphs 1, 2 and 3” at the beginning and substituting “Despite paragraphs 2 and 3”.

Commencement

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

 

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