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Bill 84, Peter Kormos Memorial Act (Saving Organs to Save Lives), 2023

Gélinas, France

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Original

Bill 84 Original (PDF)

EXPLANATORY

NOTE

The

Gift of Life Act currently requires that consent be

obtained before tissue can be removed from a human body and used for

therapeutic purposes, medical education or scientific research. Under the

proposed amendments, consent is no longer required except from parents or

guardians on behalf of children under 16 years of age. A person may object to

the removal and use of the tissue prior to the person’s death or a substitute

may object on the person’s behalf after the death has occurred. If an objection

is made or there is no consent on behalf of a child under 16 years of age, no

tissue shall be removed from the body.

Part II of the Act sets out the manner

and circumstances in which an objection or a consent may be made by or on

behalf of a person. Obligations are placed on facilities designated under the

Act (including hospitals and other health facilities) to notify Ontario Health

when a patient dies or if death is imminent.

Proposed

amendments are also made to the Connecting Care Act, 2019 .

The objects of Ontario Health are amended to provide for the planning,

co-ordinating, undertaking, supporting and promoting of activities relating to

the removal, donation and use of human tissue, including the co-ordinating and

supporting of designated facilities in connection with the removal and use of

human tissue for transplant. The Act is also amended to provide that Ontario

Health shall establish and maintain a registry of objections and consents made

by a person, the person’s substitute or the parent or guardian of a child who

is under 16 years of age to the removal and use of tissue from the person’s

body after the person’s death.

Bill 84 2023

Act to amend various statutes with respect to the removal and use of tissue

from a human body for therapeutic purposes, medical education or scientific

research

His

Majesty, by and with the advice and consent of the Legislative Assembly of the

Province of Ontario, enacts as follows:

Gift

of Life Act

(1) The definition of “consent” in

section 1 of the Gift of Life Act is repealed.

(2) The

definition of “writing” in

section 1 of the Act is repealed.

The heading to

Part II of the Act is repealed and the following substituted:

PART II

POST MORTEM TRANSPLANTS AND OTHER USES OF TISSUE

Sections 4 and 5 of the Act are repealed and the following substituted:

Post

mortem use of tissue

(1) Subject

to subsection (2), if a person dies, tissue from the person’s body may be

removed and used after the person’s death for therapeutic purposes, medical

education or scientific research, including transplant.

Exception

(2) Subsection

(1) does not apply to,

(

a) a

person who has objected in the manner specified in subsection (3) to tissue

from the person’s body being removed and used after the person’s death or on

whose behalf such an objection has been made under subsection 5 (4); or

(

b) a

parent or guardian of a child who is under 16 years of age who has not

consented in the manner specified in subsection (5).

Objection

(3) Any

person who is 16 years of age or more may object, at any time prior to the

person’s death or during the person’s last illness, to tissue from the person’s

body being removed and used and the person shall make the objection,

(

a) in

writing, and the person shall sign the objection;

(

b) orally,

in the presence of at least two witnesses; or

(

c) by

email, recorded telephonic message or other recorded message.

Communication

of objection

(4) An

objection made under subsection (3) shall be communicated to an attending

physician or to the Agency.

Minors,

consent

(5) At

any time prior to the death of a child who is under 16 years of age, the parent

or guardian of the child shall consent on the child’s behalf to tissue from the

child’s body being removed and used after the child’s death and the consent

shall be communicated to an attending physician or to the Agency.

Objection

by other persons

(1) A

person listed in subsection (2) may object to tissue from another person’s body

being removed and used after that person’s death if,

(

a) the

other person dies without making an objection in accordance with subsection 4

(3); or

(

b) the

other person’s death is imminent and, in the opinion of a physician, the person

is incapable by reason of injury or disease of making an objection in

accordance with subsection 4 (3).

Who

may object

(2) Subject

to subsection (6), the persons who may object to tissue from another person’s

body being removed and used after the other person’s death are,

(

a) the

person’s spouse;

(

b) if

the person has no spouse or if the person’s spouse is not available, any one of

the person’s children;

(

c) if

the person has no spouse or children or if none are available, either one of

the person’s parents;

(

d) if

the person does not have any of the relatives mentioned in clause (a), (

b) or

(

c) or if none of them are available, any one of the person’s siblings;

(

e) if

the person does not have any of the relatives mentioned in clause (a), (b), (

c) or (

d) or if none of them are available, any other of the person’s next of kin;

and

(

f) if

the person does not have any of the relatives mentioned in clause (a), (b),

(c), (

d) or (

e) or if none of them are available, the person lawfully in

possession of the body other than a person referred to in subsection (3).

Person

lawfully in possession of body, exception

(3) The

following are the persons mentioned in clause (2) (f):

1. The

administrative head of the hospital where the person has died.

2. The

Chief Coroner or a coroner in possession of the body for the purposes of the Coroners Act .

3. The

Public Guardian and Trustee in possession of the body for the purpose of its

burial under the Crown Administration of Estates Act .

4. An

embalmer or funeral director in possession of the body for the purposes of its

burial, cremation or other disposition.

5. The

superintendent of a crematorium in possession of the body for the purposes of

its cremation.

Form

of objection

(4) A

person making an objection under this

section shall make the objection,

(

a) in

writing, and the person shall sign the objection;

(

b) orally,

in the presence of at least two witnesses; or

(

c) by

email, recorded telephonic message or other recorded message.

Communication

of objection

(5) An

objection made under subsection (4) shall be communicated to an attending

physician or to the Agency.

Prohibition

(6) No

person shall make an objection under this

section to tissue from another

person’s body being removed and used after that person’s death if the person

has reason to believe that the person who died or whose death is imminent would

not have objected to the removal or use.

Definition

(7) In

this section,

“spouse”

means a person,

(

a) to

whom the person is married, or

(

b) with

whom the person is living or, immediately before the person’s death, was living

in a conjugal relationship outside marriage, if the two persons,

(

i) cohabitated

for at least one year,

(ii) are

together the parents of a child, or

(iii) together

entered into a cohabitation agreement under

section 53 of the Family Law Act .

Section 6 of the Act is amended by striking out “and a consent under this Part

has been obtained for a post mortem transplant of tissue from the body” and

substituting “and no objection to a post mortem removal and use of tissue from

the body has been made under this Part or a consent under this Part has been

obtained for a post mortem transplant of tissue from the body in the case of a

child who is under 16 years of age”.

Section 8 of the Act is repealed.

The heading to

Part II.1 of the Act is repealed and the following substituted:

PART II.1

OBLIGATIONS OF DESIGNATED FACILITIES

Subsections 8.1 (4) and (5) of the Act are repealed and the following

substituted:

Determination

(4) When

the designated facility gives notice to the Agency, the Agency shall determine

whether the facility is required to contact the patient or the patient’s

substitute concerning the right of the patient or the substitute, as the case

may be, to object or consent in the case of a child who is under 16 years of

age to the removal and use of tissue from the body of the patient for

transplant.

Same

(5) The

Agency shall make the determination under subsection (4) in consultation with

the designated facility.

Query

about objection

(5.1) If

the Agency advises the designated facility that it is required to contact the

patient or the patient’s substitute, the facility shall make reasonable efforts

to ensure that,

(

a) the

patient or the patient’s substitute is contacted to determine whether there is

an objection or a consent to tissue being removed from the body of the patient

after death for transplant; and

(

b) the

contact is made in a manner that meets the requirements of the Agency and by a

person who meets such requirements as may be prescribed by the Minister.

Clauses 11 (1) (

a) and (

b) of the Act are repealed and the following

substituted:

(

a) who

has given or refused to give a consent under

Part I or who has objected to

tissue being removed and used from a human body under

Part II;

(

b) with

respect to whom a consent has been given or an objection has been made; or

Subsection 15 (4) of the Act is repealed.

Connecting

Care Act, 2019

Clause 6 (

c) of the Connecting Care Act, 2019 is

repealed and the following substituted:

(

c) to

plan, co-ordinate, undertake, support and promote activities related to tissue

removal, donation and transplantation and other uses in accordance with the Gift of Life Act , including co-ordinating and supporting

the work of designated facilities as defined under that Act in connection with

the removal and use of tissue from a human body for transplant;

(c.1) to

establish and maintain a registry of names in respect of persons who have sent

to the Agency an objection to tissue from their body being removed and used

after their death or on whose behalf such an objection, or a consent in the

case of a child who is under 16 years of age, has been sent to the Agency;

The Act is amended by adding the following Part:

PART V.0.1

REGISTRY

Registry

43.0.1

(1) The

Agency shall establish a registry of names of persons who have sent to the

Agency an objection to tissue from their body being removed and used after

their death or on whose behalf such an objection, or a consent in the case of a

child who is under 16 years of age, has been sent to the Agency.

Same

(2) The

Agency shall enter a name in the registry established under subsection

(1) promptly on receiving an objection or consent made in accordance with the Gift of Life Act .

Same

(3) The

registry shall indicate the name of the person in respect of whom the objection

or consent is made and, if indicated by the person making the objection or

providing the consent on behalf of a child who is under 16 years of age,

whether the objection or the consent applies to all tissue or parts of the body

or only to specified tissue or parts.

Commencement

This Act comes into force on the day it receives Royal Assent.

Short

title

The

short title of this Act is the Peter Kormos Memorial Act (Saving Organs to Save Lives), 2023 .

Date Bill stage Event Outcome Committee

March 23, 2023

First Reading

Ordered for Second Reading

March 23, 2023

First Reading

Vote

Carried

First Reading

March 23, 2023

Carried