2nd Session, 43rd Legislature

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Bill 7

THE HUMAN TISSUE GIFT AMENDMENT ACT

(Assented to                                         )

HIS 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   Section 1 is amended

(a) by replacing the definitions "human tissue gift agency" and "non-regenerative tissue" with the following:

"human tissue gift agency" means

(a) the provincial health authority as defined in The Health System Governance and Accountability Act,

(b) the Winnipeg Regional Health Authority continued under the Health Authorities and Health Regions Regulation, Manitoba Regulation 80/2022, and

(c) any other entity that is designated by regulation as a human tissue gift agency; (« organisme chargé des dons de tissus humains »)

"non-regenerative tissue" means tissue other than birth tissue and regenerative tissue; (« tissu non susceptible de régénération »)

(b) in the definition "tissue", by striking out "or" at the end of clauses (a) and (c) and repealing clause (d); and

(c) by adding the following definition:

"birth tissue" means amniotic fluid, a placenta or an umbilical cord; (« tissu natal »)

3(1)   Subsections 9(1) and (2) are replaced with the following:

Donations by living persons

9(1)   Subject to subsections (2) and (4), a person who is 18 years of age or over and who is able to make a free and informed decision may consent to the removal and use of tissue specified in the consent from the person's own body while living.

Purpose for which consent may be given

9(2)   The person may consent to their tissue being used only as follows:

(a) in the case of regenerative tissue, for medical education, scientific research or therapeutic purposes;

(b) in the case of birth tissue, for medical education, scientific research or therapeutic purposes;

(c) in the case of non-regenerative tissue, for therapeutic purposes.

3(2)   Subsection 9(3) is repealed.

Coming into force

4   This Act comes into force on the day it receives royal assent.