5 (1) In this section, “spouse” means a person, (a) to whom the person is married, or (b) with whom the person is living or, immediately before the person’s death, was living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act.  R.S.O. 1990, c. H.20, s. 5 (1); 1999, c. 6, s. 29 (1); 2005, c. 5, s. 70 (1, 2). Consent by spouse, etc., for use of body after death (2) Where a person who has not given or cannot give a consent under section 4 dies, or in the opinion of a physician is incapable of giving a consent by reason of injury or disease and the person’s death is imminent, (a) the person’s spouse; or (b) if none or if the spouse is not readily available, any one of the person’s children; or (c) if none or if none is readily available, either one of the person’s parents; or (d) if none or if neither is readily available, any one of the person’s brothers or sisters; or (e) if none or if none is readily available, any other of the person’s next of kin; or (f) if none or if none is readily available, the person lawfully in possession of the body other than, where the person died in hospital, the administrative head of the hospital, may consent, (g) in a writing signed by the spouse, relative or other person; or (h) orally by the spouse, relative or other person in the presence of at least two witnesses; or (i) by the telegraphic, recorded telephonic, or other recorded message of the spouse, relative or other person, to the body or the part or parts thereof specified in the consent being used after death for therapeutic purposes, medical education or scientific research.  R.S.O. 1990, c. H.20, s. 5 (2); 1999, c. 6, s. 29 (2); 2005, c. 5, s. 70 (3); 2016, c. 23, s. 73; 2021, c. 4, Sched. 11, s. 39. Prohibition (3) No person shall give a consent under this section if the person has reason to believe that the person who died or whose death is imminent would have objected.  R.S.O. 1990, c. H.20, s. 5 (3). Consent is full authority, exceptions (4) Upon the death of a person in respect of whom a consent was given under this section the consent is binding and is, subject to section 6, full authority for the use of the body or for the removal and use of the specified part or parts for the purpose specified except that no person shall act on a consent given under this section if the person has actual knowledge of an objection thereto by the person in respect of whom the consent was given or by a person of the same or closer relationship to the person in respect of whom the consent was given than the person who gave the consent.  R.S.O. 1990, c. H.20, s. 5 (4). Consent is full authority, personal information (4.1) The authority to give consent under this section includes the authority to consent to the collection, use or disclosure of personal information that is necessary for, or ancillary to, a decision about the gift.  2004, c. 3, Sched. A, s. 98 (2). Person lawfully in possession of body, exceptions (5) In subsection (2), person lawfully in possession of the body does not include, (a) the Chief Coroner or a coroner in possession of the body for the purposes of the Coroners Act; (b) the Public Guardian and Trustee in possession of the body for the purpose of its burial under the Crown Administration of Estates Act; (c) an embalmer or funeral director in possession of the body for the purpose of its burial, cremation or other disposition; or (d) the superintendent of a crematorium in possession of the body for the purpose of its cremation.  R.S.O. 1990, c. H.20, s. 5 (5). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 29 (1, 2) - 01/03/2000 2004, c. 3, Sched. A, s. 98 (2) - 01/11/2004 2005, c. 5, s. 70 (1-3) - 09/03/2005 CTS 30 AU 10 - 1 2016, c. 23, s. 73 - 05/12/2016 2021, c. 4, Sched. 11, s. 39 (1, 2) - 19/04/2021