Disinterment and removal of human remains
 162. (1) No person shall disinter human remains except in accordance with the Act and one of the following: this section, section 178 or 179 or a site disposition agreement mentioned in section 184.  O. Reg. 30/11, s. 162 (1). (2) No person shall remove scattered cremated remains from a scattering ground except in accordance with this section.  O. Reg. 30/11, s. 162 (2). (3) No person shall disinter any human remains unless, (a) the prior consent of the interment rights holder has been obtained; and (b) except if the remains are cremated human remains, prior notification has been given to the medical officer of health.  O. Reg. 30/11, s. 162 (3). (4) No person shall remove scattered remains without the prior consent of the scattering rights holder.  O. Reg. 30/11, s. 162 (4). (5) Subsections (3) and (4) do not apply to a disinterment or removal that is, (a) made pursuant to a direction under section 102.1 of the Act; or (b) ordered by the registrar under subsection 88 (7) of the Act pursuant to a cemetery closure.  O. Reg. 30/11, s. 162 (5). (6) The registrar may consent under subsection (3) or (4) in the place of the interment or scattering rights holder if, (a) the whereabouts of an interment or scattering rights holder are not known; (b) the interment or scattering rights holder is not readily ascertainable; or (c) the interment or scattering rights holder is not able to consent.  O. Reg. 30/11, s. 162 (6). (7) Before consenting under subsection (6), the registrar shall consider whether any known person may have an interest in the disposition of the remains, and if there is such an interested person, shall order that the person proposing to do the disinterment or removal give notice of it to the interested person in the form and manner that the registrar specifies.  O. Reg. 30/11, s. 162 (7). (8) If a person requests the consent of the registrar under subsection (6), a person who objects to the disinterment or removal may file a written objection, with reasons, with the registrar, at any time before the registrar consents to the disinterment or removal.  O. Reg. 30/11, s. 162 (8). (9) If a person files an objection with the registrar under subsection (8), the registrar shall determine whether the person has an interest in the remains.  O. Reg. 30/11, s. 162 (9). (10) Before consenting to a disinterment or removal, the registrar shall take into account the reasons for objecting that a person with an interest in the remains has.  O. Reg. 30/11, s. 162 (10). (11) The registrar’s consent to a disinterment or removal may be subject to the terms and conditions that the registrar considers appropriate.  O. Reg. 30/11, s. 162 (11). (12) The registrar shall give notice of the registrar’s decision to, (a) the person requesting the registrar’s consent, (b) any interested person who was given notice under subsection (7); (c) any person filing an objection under subsection (8); and (d) the cemetery operator.  O. Reg. 30/11, s. 162 (12). (13) A person receiving notice of the registrar’s decision under subsection (12) may appeal the decision to the Tribunal by mailing or delivering, within 15 days after being served with the decision, a written request for a hearing to the registrar and to the Tribunal.  O. Reg. 30/11, s. 162 (13). (14) If a person appeals the registrar’s decision, the Tribunal shall hold a hearing and may uphold the registrar’s decision or substitute its decision for that of the registrar.  O. Reg. 30/11, s. 162 (14). (15) The registrar’s decision to consent to disinterment or removal shall not take effect until, (a) the time for appealing the decision has expired; or (b) if an appeal is brought, the Tribunal has made an order upholding the registrar’s decision to consent to the disinterment or removal.  O. Reg. 30/11, s. 162 (15). (16) A medical officer of health may attend at, supervise or direct a disinterment or removal.  O. Reg. 30/11, s. 162 (16). (17) If a medical officer of health determines that remains are those of a person who died of a communicable disease within the meaning of the Health Protection and Promotion Act, the remains shall be dealt with in accordance with that Act.  O. Reg. 30/11, s. 162 (17). (18) No person shall remove a dead human body from a cemetery unless a certificate of a medical officer of health or the cemetery operator has been obtained and affixed to the container holding the body, confirming that the Act and the regulations have been complied with.  O. Reg. 30/11, s. 162 (18). (19) A burial permit under the Vital Statistics Act is not required for the reinterment of a dead human body that has been disinterred in accordance with the Act and the regulations.  O. Reg. 30/11, s. 162 (19). (20) Nothing in this section shall prohibit a cemetery operator from removing human remains placed in a cemetery without permission of the cemetery operator if the removal is authorized by the cemetery by-laws and if the removal is done in accordance with the cemetery by-laws.  O. Reg. 30/11, s. 162 (20).