Retention periods
 9. (1) If first retained on or after June 14, 2010, or first retained before June 14, 2010 and still retained on that day, a tissue sample that is a slide, paraffin block or dried blood sample must be retained for, (a) at least 50 years, if the deceased person was 18 years old or younger; (b) at least 20 years, if the deceased person was older than 18.  O. Reg. 50/12, s. 4 (1). (1.1) Subject to subsections (2) and (3), a tissue sample that is a body fluid may be retained for, (a) a maximum of five years, if first retained on or after June 14, 2010 but before May 1, 2012, or first retained before June 14, 2010 and still retained on that day; (b) a maximum of two years, if first retained on or after May 1, 2012.  O. Reg. 50/12, s. 4 (1). (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. O. Reg. 180/13, s. 4 (1). (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. O. Reg. 180/13, s. 4 (1). (2) Subject to section 11, where a pathologist or coroner decides to retain a tissue sample described in subsection (1.1) or (1.2), (a) the pathologist or coroner may dispose of the tissue sample before the expiry of the maximum period set out in that subsection if he or she determines, with the approval of the Chief Forensic Pathologist or the Chief Coroner, or the designate of either, as the case may be, that there is no longer sufficient reason to retain the tissue sample; (b) 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, (i) may decide that the tissue sample be disposed of before the expiry of the maximum period set out in that subsection if he or she is of the opinion that there is no longer sufficient reason to retain the tissue sample, or (ii) may decide that the tissue sample be retained for longer than the maximum period set out in that subsection if he or she is of the opinion that there is a compelling reason to do so.  O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (2-6). (3) Where the Chief Forensic Pathologist or Chief Coroner, or the designate of either, has decided under subclause (2) (b) (ii) to retain a tissue sample for longer than the maximum period set out in subsection (1.1) or (1.2), the Chief Forensic Pathologist or Chief Coroner or the designate of either, as the case may be, may decide that the tissue sample be disposed of at any time if he or she is of the opinion that there is no longer a compelling reason to retain it.  O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (7). (4) For the purposes of subsections (2) and (3), the Chief Forensic Pathologist and Chief Coroner or the designate of either, (a) shall ask one another for advice on whether a tissue sample should be retained or disposed of; and (b) may ask the Oversight Council for advice on whether a tissue sample should be retained or disposed of.  O. Reg. 232/10, s. 2; O. Reg. 50/12, s. 4 (8, 9). (5) In the case of a tissue sample to which subsection (1) applies, the retention period begins when the body from which the tissue was removed is or was made available for burial, cremation or other disposition without the tissue, regardless of whether the tissue sample is first retained on or after June 14, 2010, or was first retained before June 14, 2010 and is still retained on that day.  O. Reg. 50/12, s. 4 (10). (6) In the case of a tissue sample to which subsection (1.1), (1.2) or (1.3) applies, the retention period begins, (a) on June 14, 2010, if the tissue sample was first retained before June 14, 2010 and is still retained on that day; (b) when the body from which the tissue was removed is made available for burial, cremation or other disposition without the tissue, if the tissue sample is first retained on or after June 14, 2010.  O. Reg. 50/12, s. 4 (10); O. Reg. 180/13, s. 4 (2). (7) The retention period for a tissue sample to which subsection (1) applies ends in accordance with subsections (1) and (5). O. Reg. 180/13, s. 4 (3). (8) The retention period for a tissue sample to which subsection (1.1) applies ends in accordance with subsections (1.1) and (6). O. Reg. 180/13, s. 4 (3). (9) The retention period for a tissue sample to which subsection (1.2) applies ends in accordance with subsections (1.2) and (6). O. Reg. 180/13, s. 4 (3). (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). O. Reg. 180/13, s. 4 (3). (10) Despite subsections (8) and (9), if a pathologist or coroner decides to dispose of a tissue sample under clause (2) (a), or the Chief Forensic Pathologist or Chief Coroner, or the designate of either, decides to dispose of a tissue sample under subclause (2) (b) (i) or subsection (3), the retention period for the tissue sample ends when the decision is made.  O. Reg. 50/12, s. 4 (10).