[37] Bill 17 Original (PDF)
Bill 17 2003
An Act to amend
various Acts with respect to
organ or tissue donation
on death
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
Health Insurance Act
1. The Health Insurance Act is amended by adding the following section:
Organ or tissue donation form
11.0.1 (1) Despite the regulations, every health card that the General Manager issues or renews for an insured person of at least 16 years of age after this section comes into force shall be accompanied by a written form that allows the person to sign a consent that allows the person's organs or tissue specified in the consent to be used after the person's death for transplant purposes.
Definition
(2) In subsection (1),
"tissue" means tissue as defined in the Trillium Gift of Life Network Act.
Authority of consent
(3) Upon the death of a person who has given a consent under subsection (1), the consent is binding and is full authority for the removal and use of the specified organs or tissue for the purpose specified, except that no person shall act upon such a consent if the person has reason to believe that it was subsequently withdrawn.
Highway Traffic Act
2. Section 32 of the Highway Traffic Act, as amended by the Statutes of Ontario, 1993, chapter 40, section 2, 1996, chapter 20, section 3 and 2002, chapter 18, Schedule P, section 12, is amended by adding the following subsections:
Organ or tissue donation form
(19) Every driver's licence that the Minister issues to a person or renews after this subsection comes into force shall be accompanied by a written form that allows the person to sign a consent that allows the person's organs or tissue specified in the consent to be used after the person's death for transplant purposes.
Definition
(20) In subsection (19),
"tissue" means tissue as defined in the Trillium Gift of Life Network Act.
Authority of consent
(21) Upon the death of a person who has given a consent under subsection (19), the consent is binding and is full authority for the removal and use of the specified organs or tissue for the purpose specified, except that no person shall act upon such a consent if the person has reason to believe that it was subsequently withdrawn.
Trillium Gift of Life Network Act
3. Section 4 of the Trillium Gift of Life Network Act is amended by adding the following subsection:
Latest consent to prevail
(4) If a person gives more than one valid consent under this section, the latest valid consent that the person has given prevails over all other consents that the person has given.
Commencement and Short Title
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Organ or Tissue Donation Statute Law Amendment Act, 2003.
EXPLANATORY NOTE
The Bill amends the Health Insurance Act and the Highway Traffic Act to require that a health card or driver's licence, respectively, issued or renewed for a person of at least 16 years of age be accompanied by a written form that allows the person to sign a consent to the use of the person's organs or tissue after death.
Under the Trillium Gift of Life Network Act, if a person gives more than one valid such consent, the latest valid consent that the person has given prevails over all other consents that the person has given.