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Bill 91, Peter Kormos Memorial Act (Trillium Gift of Life Network Amendment), 2019

Gélinas, France

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Debates

Original

Bill 91 Original (PDF)

EXPLANATORY

NOTE

Currently,

the Trillium Gift of Life Network Act requires that

consent be obtained before tissue can be removed from a human body. Under the

proposed amendments, consent is no longer required, but a person may object to

the removal of the tissue prior to his or her death or a substitute may object

on his or her behalf after the death has occurred. If an objection is made, no

tissue shall be removed from the body.

Part II of the Act sets out the manner

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

person.

The

Trillium Gift of Life Network continues in its role as planner, promoter and

co-ordinator of activities relating to the donation, removal and use of tissue

for transplant and for other uses. Obligations are placed on facilities

designated under the Act (including hospitals and other health facilities) to

notify the Network when a patient dies or if death is imminent. The Network

co-ordinates the provision of information to the patient or his or her family

with respect to the removal of tissue and the person’s right to object. A

person or the person’s substitute may register with the Network an objection to

the removal and use of tissue from the person’s body after his or her death.

The Network shall establish and maintain a registry of such objections.

Bill 91 2019

Act to amend the Trillium Gift of Life Network Act

Her

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

Province of Ontario, enacts as follows:

(1) The definition of “consent” in

section 1 of the Trillium Gift of Life Network Act is repealed.

(2) The

definition of “substitute” in

section 1 of the Act is amended by striking out

“clause 5 (2) (a), (b), (c), (d), (

e) or (f)” and substituting “paragraph 1, 2,

3, 4, 5 or 6 of subsection 5 (2)”.

(3) 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section 1 of the Act is repealed.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Part II of the Act is repealed and the following substituted: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

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Sections 4 and 5 of the Act are repealed and the following substituted: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 his or her body may be removed

and used after his or her death for medical education, scientific research or

therapeutic purposes, including transplant.

Exception

(2) Subsection

(1) does not apply to a person,

(

a) who

is a believer, a follower or a member of a prescribed religion, cult,

association or group; or

(

b) who

has objected in the manner specified in subsection (3) to tissue from his or

her body being removed and used after his or her death or on whose behalf such an

objection has been made under subsection 5 (1).

Objection

(3) Any

person who is 16 years of age or more may object to tissue from his or her body

being removed and used after his or her death by,

(

a) stating

the objection in writing in a document signed by the person and, at any time

prior to the person’s death,

(

i) delivering

the document to an attending physician, or

(ii) sending

the document to the Network; or

(

b) stating

the objection orally in the presence of at least two witnesses during the

person’s last illness.

Minors

(4) At

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

or guardian of the child may, in a manner specified in subsection (3), object

on the child’s behalf to tissue from the child’s body being removed and used

after the child’s death.

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 following persons may object to tissue from another

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

1. The

person’s spouse.

2. If

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

the person’s children.

3. If

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

the person’s parents.

4. If

the person does not have any of the relatives mentioned in paragraph 1, 2 or 3

or if none of them are available, any one of the person’s brothers or sisters.

5. If

the person does not have any of the relatives mentioned in paragraph 1, 2, 3 or

4 or if none of them are available, any other of the person’s next of kin.

6. If

the person does not have any of the relatives mentioned in paragraph 1, 2, 3, 4

or 5 or if none of them are available, the person lawfully in possession of the

body other than a person referred to in subsection (4).

Definition

(3) In

this subsection (2),

“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) have

cohabitated for at least one year,

(ii) are

together the parents of a child, or

(iii) have

together entered into a cohabitation agreement under

section 53 of the Family

Law Act .

Person

lawfully in possession of body, exception

(4) The

following are the persons mentioned in paragraph 6 of subsection (2):

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

(5) 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

e-mail, recorded telephonic message or other recorded message.

Prohibition

(6) No

person shall object to tissue from another person’s body being removed and used

after that person’s death if he or she has reason to believe that the person

who died or whose death is imminent would not have objected to the removal or

use.

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”.

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 Network, the Network 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 to the removal and use of tissue from the body of

the patient for transplant.

Same

(5) The

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

the designated facility.

Query

about objection

(5.1) If

the Network 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 he or she

objects 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 Network and by a

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

(1) Paragraphs 1 and 2 of

section 8.8 of the Act are repealed and

the following substituted:

1. To

plan, promote, co-ordinate and support activities relating to the donation of

tissue for transplant under

Part I.

2. To

plan, promote, co-ordinate and support activities relating to the removal of

tissue from a human body for transplant or activities relating to education or

research under

Part II.

2.1 To

co-ordinate and support the work of designated facilities in connection with

the removal of tissue from a human body for transplant under

Part II.

2.2 To

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

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

after their death or on whose behalf such an objection has been sent to the

Network.

(2) Paragraph

5 of

section 8.8 of the Act is amended by striking out “whether to consent to

the donation of tissue” and substituting “whether to object to tissue from a

body being removed and used after the person’s death”.

(3) Paragraph

6 of

section 8.8 of the Act is amended by striking out “donation and use of

tissue” and substituting “donation, removal and use of tissue”.

(4) Paragraph

7 of

section 8.8 of the Act is amended by striking out “donation and use of

tissue” at the end and substituting “donation, removal and use of tissue”.

(5) Paragraph

8 of

section 8.8 of the Act is amended by striking out “the donation of tissue”

at the end and substituting “the donation, removal and use of tissue”.

The Act is amended by adding the following section:

Registry

8.9.1

(1) The

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

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

their death or on whose behalf such an objection has been sent to the Network.

Same

(2) The

Network shall enter a name in the registry established under subsection

(1) promptly on receiving an objection under subsection 4 (3) or 5 (1).

Same

(3) The

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

is made and, if indicated by the person making the objection, whether the

objection applies to all tissue or parts of the body or only to specified

tissue or parts.

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.

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 (Trillium Gift of Life Network Amendment), 2019 .

Date Bill stage Event Outcome Committee

March 28, 2019

First Reading

Vote

Carried

Debates and Progress

First Reading

March 28, 2019

Committee

Second Reading

Committee

Third Reading

Royal Assent

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