Act
Coroners Act Amendment to Amend Regulation-Making Authority Regarding Collection, Retention and Disposal of Tissue Samples
Regulation Number(s):
O. Reg. 180
Instrument Type:
Act
Bill or Act:
Coroners Act, 1990
Summary of Decision:
The government has amended the Coroners Act to enable the creation of regulations that would govern the collection, retention, storage and disposal of tissue samples, body fluids and implanted devices obtained from a body that is the subject of examinations or analyses as part of a coroner's investigation but are not necessarily obtained for that purpose. Future regulations may be in respect of tissue samples or body fluids that could be collected, retained or stored for the purpose of enabling genetic analysis. The amendment came into force on July 8, 2023.
Analysis of Regulatory Impact:
• The proposed amendment would not have any compliance costs or create regulatory burden.
• This proposed amendment only creates the ability to develop future regulations.
• This proposed amendment only creates the ability to develop future regulations.
Further Information:
Coroners Act
Bill 102, Strengthening Safety and Modernizing Justice Act, 2023
Strengthening Safety and Modernizing Justice Act, 2023
Proposal Number:
23-SOLGEN009
Posting Date:
June 22, 2023
Summary of Proposal:
Clause 56 (1)(g) of the Coroners Act currently authorizes the Lieutenant Governor in Council (LGIC) to make regulations governing the retention, storage and disposal of tissue samples, body fluids and implanted devices obtained in performing a post mortem examination of a body or conducting examinations or analysis as part of a coroner's investigation.
The purpose of the coroner's investigation is to determine the circumstances of the death, if an inquest is necessary, and to prevent further deaths.
Whereas the current regulation-making authority refers to tissue samples, implanted devices, and body fluids obtained in performing examinations or analyses , the proposed amendment would refer to these items obtained from a body that is the subject of such examinations or analyses but is not necessarily obtained for the purpose of the coroner's investigation.
The proposed amendment would provide that future regulations may be in respect of tissue samples or body fluids that could be collected, retained or stored for the purpose of enabling genetic analysis.
Changes in death investigations as well as continuing advances in medical technology and disease identification mean that genetic testing plays an increasingly important role in improving public safety and preventing deaths.
For example, regulations could be made under this proposed amendment that may authorize collecting and retaining samples that would assist with identifying fatal genetic conditions both at the time of death and in the future as medical advances continue to improve knowledge about genetic connections to medical conditions.
This information can be useful to family members who may have the same genetic condition and for forensic investigations.
The purpose of the coroner's investigation is to determine the circumstances of the death, if an inquest is necessary, and to prevent further deaths.
Whereas the current regulation-making authority refers to tissue samples, implanted devices, and body fluids obtained in performing examinations or analyses , the proposed amendment would refer to these items obtained from a body that is the subject of such examinations or analyses but is not necessarily obtained for the purpose of the coroner's investigation.
The proposed amendment would provide that future regulations may be in respect of tissue samples or body fluids that could be collected, retained or stored for the purpose of enabling genetic analysis.
Changes in death investigations as well as continuing advances in medical technology and disease identification mean that genetic testing plays an increasingly important role in improving public safety and preventing deaths.
For example, regulations could be made under this proposed amendment that may authorize collecting and retaining samples that would assist with identifying fatal genetic conditions both at the time of death and in the future as medical advances continue to improve knowledge about genetic connections to medical conditions.
This information can be useful to family members who may have the same genetic condition and for forensic investigations.
Contact Address:
Strategic Policy, Research, and Innovation
Ministry of the Solicitor General
25 Grosvenor Street, Floor 9
Toronto, ON M7A 1Y6
Ministry of the Solicitor General
25 Grosvenor Street, Floor 9
Toronto, ON M7A 1Y6
Royal Assent Date:
July 8, 2023
Decision:
Approved