Ontario Regulation 153/26, made under the Coroners Act and amending Regulation 180 of the Revised Regulations of Ontario, 1990 (General), introduces new rules governing the collection, retention, use, and disposal of tissue samples in post-mortem investigations, with a particular focus on genetic material and future genetic testing.

The regulation expands the definition of “tissue sample” to explicitly include extracted DNA samples. This change is significant because it brings molecular genetic material within the formal regulatory framework, ensuring that DNA derived from post-mortem examinations is treated consistently with other forms of retained biological material. The amendment reflects the increasing role of genetic analysis in determining causes of death and identifying hereditary conditions.

A revised section establishes that the Chief Coroner and Chief Forensic Pathologist must jointly issue directions or guidelines respecting the accommodation of religious and conscientious beliefs in relation to post-mortem examinations and the collection and retention of tissue samples. This provision strengthens procedural safeguards by formalizing the requirement to consider cultural and religious sensitivities, while still maintaining investigative and public health objectives.

A new section introduces mandatory obligations for pathologists and coroners where a genetic condition is suspected to have contributed to a death. In such cases, and subject to applicable guidelines, a pathologist performing a post-mortem examination must collect and retain tissue samples for the purpose of potential future genetic testing. Similarly, a coroner directing or conducting an examination under the Act must ensure that appropriate tissue samples are collected and retained when such a genetic link is suspected. This establishes a proactive framework for preserving genetic material that may be relevant for future diagnostic or familial health purposes.

Retention rules are significantly restructured. While most tissue samples remain subject to general retention limits (typically up to two years, depending on the type of sample), extracted DNA samples and samples collected for future genetic testing are subject to a minimum retention period of 50 years. This long-term retention requirement reflects the potential long-term medical and familial relevance of genetic information.

Disposal provisions are also updated. Tissue samples subject to standard retention limits must be disposed of promptly after the retention period expires, with specific safeguards for organs. However, extracted DNA samples and genetic testing–related samples are excluded from certain disposal provisions. Additionally, the Chief Coroner or Chief Forensic Pathologist must dispose of genetic testing samples if requested by the deceased person’s personal representative.

Ontario (153/2026) June 16, 2026–
Disclaimer: Insights are for informational purposes only and does not reflect RRI’s official position or constitute legal opinion.