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O. Reg. 151/12: GENERAL


Published: 2012-06-13

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ontario regulation 151/12

made under the

Coroners Act

Made: May 30, 2012
Filed: June 13, 2012
Published on e-Laws: June 13, 2012
Printed in The Ontario Gazette: June 30, 2012


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

(General)

1. (1) Subsection 1 (2) of Regulation 180 of the Revised Regulations of Ontario, 1990 is amended by striking out “In sections 10 and 11” at the beginning and substituting “In sections 9, 10 and 11”.

(2) Section 1 of the Regulation is amended by adding the following subsection:

(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.

2. 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,

(a) for a maximum of three years, if it is first retained before June 14, 2010, is still retained on that day and is an organ;

(b) for a maximum of two years, if it,

(i) is first retained before June 14, 2010, is still retained on that day and is not an organ, or

(ii) is first retained on or after June 14, 2010.

3. (1) Subsection 10 (1) of the Regulation is amended by striking out “destroyed” and substituting “disposed of”.

(2) Subsection 10 (1.1) of the Regulation is amended by striking out “destroyed” and substituting “disposed of”.

(3) Subsections 10 (1.2) and (2) of the Regulation are revoked and the following substituted:

(1.2) Despite subsection (1.1), a tissue sample that is an organ 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.

(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, 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.

(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.

(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).

(2.3) Despite subsections (1.1), (1.2) 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).

(4) Subsection 10 (3) of the Regulation is amended by striking out “disposing of a tissue sample pursuant to” in the portion before paragraph 1.

4. Subsection 11 (9) of the Regulation is revoked and the following substituted:

(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.

Commencement

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

 

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