Anatomy Act

Question 1

Disposition

Answer 1

Means any disposition that may be made of a body under the Funeral, Burial and Cremation Services Act, 2002,
&

“dispose” has a corresponding meaning; (“disposition”, “disposer”)

Question 2

general inspector

Answer 2

means the general inspector of anatomy; (“inspecteur général”)

Question 3

“local inspector”

Answer 3

means a local inspector of anatomy having jurisdiction, and includes the general inspector; (“inspecteur local”)

Question 4

“private morgue”

Answer 4

means a place where bodies are customarily retained before their disposition, other than a public morgue; (“morgue privée”)

Question 5

“public morgue”

Answer 5

means a place under the control and management of a municipal corporation where bodies are retained before their disposition; (“morgue publique”)

Question 6

General inspector

Answer 6

2. (1) The Lieutenant Governor in Council may appoint a general inspector of anatomy who shall perform such duties as are assigned to him or her by this or any other Act, and may perform any of the duties of a local inspector anywhere in Ontario. R.S.O. 1990, c. A.21, s. 2 (1).

Question 7

Local inspectors

Answer 7

(2) The Lieutenant Governor in Council may appoint persons who are coroners as local inspectors of anatomy for such areas in Ontario as is considered advisable, and each local inspector shall perform such duties as are assigned to him or her under this or any other Act in the area in his or her jurisdiction, under the supervision and direction of the general inspector. R.S.O. 1990, c. A.21, s. 2 (2)

Question 8

Notice to local inspector

Answer 8

3. (1) Subject to the Coroners Act, the person having possession of the body of a deceased person that,

(a) is unclaimed by a relative or friend within twenty-four hours after the death; and

(b) has not been or will not be used for a purpose authorized under the Human Tissue Gift Act,

shall notify the local inspector and shall furnish the local inspector with such information respecting the deceased person as is within the knowledge of the notifier and as the local inspector may require. R.S.O. 1990, c. A.21, s. 3 (1); 2016, c. 23, s. 35.

Question 9

Bodies under control of local inspector

Answer 9

2) A body of which the local inspector is notified under subsection (1) shall be deemed to be under his or her control for the purposes of this Act. R.S.O. 1990, c. A.21, s. 3 (2).

Question 10

Claiming bodies

Answer 10

A body, while under the control of the local inspector, may be claimed by a relative for disposition or by any other person who gives an undertaking to dispose of the body. R.S.O. 1990, c. A.21, s. 3 (3); 2016, c. 23, s. 35.

Question 11

Bodies for anatomical dissection

Answer 11

4. (1) Subject to the Coroners Act, the local inspector may cause a body under his or her control to be delivered to a teacher of anatomy or surgery in a school, for the purpose of anatomical dissection. R.S.O. 1990, c. A.21, s. 4 (1).

Question 12

Idem

Answer 12

No body upon which a post mortem examination has been performed shall be delivered to a teacher of anatomy or surgery in a school unless the school is first informed of the post mortem examination and consents to accept the body. R.S.O. 1990, c. A.21, s. 4 (2).

Question 13

Order of Ontario Court of Justice

Answer 13

6. Where doubt exists as to whether a person is entitled to claim a body under section 3 or 5, the person claiming the body may apply to the Ontario Court of Justice for an order, and the court may make the order in the prescribed form. R.S.O. 1990, c. A.21, s. 6; 1997, c. 39, s. 1; 2006, c. 19, Sched. C, s. 1 (2).

Question 14

Orders of general inspector

Answer 14

(2) The general inspector may make such orders in writing as he or she considers necessary requiring a school to provide and maintain any of the methods and facilities referred to in subsection (1) in accordance with good anatomical practices, and, where an order is not complied with, the general inspector may, in his or her discretion, suspend delivery of bodies to the school for such periods as he or she may determine. R.S.O. 1990, c. A.21, s. 9 (2)

Question 15

Every local inspector shall …

Answer 15

(a) keep a register showing,

(i) the name, sex, age, birthplace and last place of residence of every person whose body is under the control of the local inspector or of whose body he or she has been notified under subsection 5 (2), and

(ii) the name of the school to which the body was delivered and the date of the delivery; and

(b) furnish the general inspector with such information as he or she requires. R.S.O. 1990, c. A.21, s. 10

Question 16

Duty of municipality to bury

Answer 16

11. Subject to this Act, any unclaimed body found within the limits of a regional municipality or of a local municipality that is not situated within a regional municipality shall, at the request of the local inspector or, where there is no local inspector appointed under subsection 2 (2), of a coroner, be disposed of at the expense of the corporation, but the corporation may recover the expense thereof from the estate of the deceased or from any person whose duty it was to dispose of the body. R.S.O. 1990, c. A.21, s. 11; 2002, c. 17, Sched. F, Table.

Question 17

Storage in morgues

Answer 17

12. (1) A local inspector or, where there is no local inspector, a coroner may order a body to be stored in a public morgue or retained in a private morgue until other arrangements are made. R.S.O. 1990, c. A.21, s. 12 (1).

Question 18

Security in morgues

Answer 18

Every person in charge of a public or private morgue shall ensure that bodies in the morgue are secure against unlawful interference. R.S.O. 1990, c. A.21, s. 12 (2).

Question 19

Offence

Answer 19

13. (1) Every person who contravenes this Act is guilty of an offence and on conviction is liable, if a corporation, to a fine of not more than $2,000 or, if not a corporation, to a fine of not more than $1,000 or to imprisonment for a term of not more than one year, or to both. R.S.O. 1990, c. A.21, s. 13 (1).

Question 20

Regulations

Answer 20

14. (1) The Lieutenant Governor in Council may make regulations,

(a) designating schools for the purposes of this Act;

(b) prescribing the records that shall be kept by schools;

(c) prescribing the duties of the general inspector and the local inspectors in addition to the duties imposed by this Act;

(d) requiring the payment of fees to the general inspector and local inspectors for services performed under this Act and the regulations, and prescribing the amounts thereof. R.S.O. 1990, c. A.21, s. 14; 1997, c. 39, s. 2 (1).

Question 21

Same

Answer 21

2) The Minister responsible for the administration of this Act may by regulation prescribe the form of the order that may be made under section 6. 1997, c. 39, s. 2 (2).

Question 22

Forms

Answer 22

(3) Subject to subsection (2), the Minister responsible for the administration of this Act may require that forms approved by the Minister be used for any purpose of this Act. 1997, c. 39, s. 2 (2).