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2nd Session, 41st Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 213

THE GIFT OF LIFE ACT (HUMAN TISSUE GIFT ACT AMENDED)


Table of Contents Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. H180 amended

1           The Human Tissue Gift Act is amended by this Act.

2           The following centred heading is added before section 1:

PART 1

INTERPRETATION

3           Section 1 is amended by adding the following definitions:

"organ donation registry website" means a prescribed website operated by the Winnipeg Regional Health Authority; (« site Web du registre sur le don d'organes »)

"prescribed" means prescribed by regulation;

4           The following is added after section 1:

PART 2

DONATIONS FOR TRANSPLANT AND

OTHER THERAPEUTIC USES AFTER DEATH

Application

1.1         This Part governs the donation and use of tissue from a deceased person for transplant and other therapeutic purposes.

Presumed consent to therapeutic use after death

1.2         Subject to section 1.4, when a person dies, tissue from his or her body may be removed and used for transplant or other therapeutic purposes without the need for consent from the person, his or her proxy or a relative of the person.

Registering objection

1.3(1)      A person who is 18 years of age or over may object to the removal and use of tissue from his or her body after death for transplant or other therapeutic purposes by

(a) registering his or her objection on the organ donation registry website in the prescribed manner;

(b) stating his or her objection in a written document signed by the person that is provided to the person's attending physician; or

(c) stating the objection orally in the presence of at least two witnesses during the person's last illness.

Objection by others

1.3(2)      If a person who is 18 years of age or over

(a) dies without making an objection under subsection (1); or

(b) is facing imminent death and, in the opinion of a physician, the person is incapable of making an objection under subsection (1);

an objection to the removal and use of tissue from the person's body after death for transplant or other therapeutic purposes may be made in accordance with clause (1)(a) or (b) by

(c) the person's proxy; or

(d) if there is no proxy authorized to act or the proxy is unavailable, by the person's nearest relative.

Registering objection for minors

1.3(3)      A parent or guardian of a minor may register an objection to the removal and use of tissue from the minor's body after death for transplant or other therapeutic purposes in accordance with clause (1)(a) or (b).

Effect of objection

1.4         When an objection by or on behalf of a person has been made in accordance with section 1.3, no tissue may be removed from the person's body after his or her death and used for transplant or other therapeutic purposes.

5           The following is added before section 2:

PART 3

DONATIONS FOR MEDICAL EDUCATION AND

SCIENTIFIC RESEARCH

Application

1.5          This Part governs the donation and use of tissue from a deceased person for medical education or scientific research.

6           Subsection 2(1) is amended by striking out "for therapeutic purposes or".

7(1)        Subsections 3(1) and (3) are amended by striking out "for therapeutic purposes or".

7(2)        The English version of subsection 3(4) is amended by striking out "for therapeutic purposes or".

8(1)        Subsection 4(2) is amended by striking out "section 2" and substituting "section 1.3 or 2".

8(2)        Subsection 4(3) is amended

(a) in the part before clause (a), by adding "under section 2" after "direction"; and

(b) in clause (b), by striking out "therapeutic purposes or".

9           Subsection 5(1) is amended by striking out "for therapeutic purposes or".

10          Section 8 is renumbered as section 12.1.

11          The following is added before section 9:

PART 4

DONATIONS FROM LIVING PERSONS

Application

8.1         This Part governs the donation and use of tissue from living persons.

12           The following centred heading is added before section 12:

PART 5

MISCELLANEOUS PROVISIONS

13          The following is added after clause 15.1(b):

(c) prescribing anything referred to in this Act as being prescribed;

(d) respecting any matter necessary or advisable to carry out the purposes of this Act.

Consequential amendment, C.C.S.M. c. A80

14           Subsection 4(4) of The Anatomy Act is repealed.

Coming into force

15          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Human Tissue Gift Act. Currently, a direction needs to be made by or on behalf of a person that authorizes the removal of a person's organs after death for transplant and other therapeutic purposes. The Bill creates a presumed consent to the removal of organs after death for transplant and other therapeutic purposes. The Bill provides several methods for people to object to the removal and use of their organs after death.

A consequential amendment is made to The Anatomy Act.