Bill 67 2007

An Act to amend various Acts to require a declaration with respect to the donation of organs and tissue on death

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see Public Statutes – Detailed Legislative History on www.e-Laws.gov.on.ca.

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.  Section 11 of the Health Insurance Act is amended by adding the following subsections:

Definition

   (3)  In subsections (4) and (5),

"tissue" means tissue as defined in the Trillium Gift of Life Network Act.

Organ or tissue donation

   (4)  Despite the regulations, the General Manager shall not, on or after the day this subsection comes into force, issue or renew a health card for a person of at least 16 years of age unless the person has completed a declaration that is part of the card.

Contents of declaration

   (5)  The declaration shall specify the use that the person completing it requires be made of the person's organs or tissue after death or shall specify that the person is undecided about specifying such a use.

Contents of declaration

   (5)  The person completing the declaration shall specify whether the person is willing to donate his or her organs or tissue on death by checking one of the following boxes:

    1.  Yes/Oui.

    2.  No/Non.

    3.  Undecided/Aucune décision.

Donation

   (5.1)  If the person completing the declaration specifies that the person is willing to donate his or her organs or tissue on death, the application for the issuance or renewal of the health card is not complete unless it contains a direction, in the prescribed form, from the person as to the use that the person requires be made of his or her organs on death.

Authority of declaration

   (6)  Upon the death of a person who has completed a declaration under subsection (4), the declaration 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except that no person shall act upon the declaration if the person has reason to believe that it was subsequently withdrawn before the death of the deceased.

Highway Traffic Act

   2.  Section 32 of the Highway Traffic Act is amended by adding the following subsections:

Organ or tissue donation

   (13.1)  Despite the regulations, the Minister shall not, on or after the day this subsection comes into force, issue a driver's licence to a person or renew a driver's licence of a person unless the person has completed a declaration that is part of the licence.

Contents of declaration

   (13.2)  The declaration shall specify the use that the person completing it requires be made of the person's organs or tissue after death or shall specify that the person is undecided about specifying such a use.

Contents of declaration

   (13.2)  The person completing the declaration shall specify whether the person is willing to donate his or her organs or tissue on death by checking one of the following boxes:

    1.  Yes/Oui.

    2.  No/Non.

    3.  Undecided/Aucune décision.

Donation

   (13.2.1)  If the person completing the declaration specifies that the person is willing to donate his or her organs or tissue on death, the application for the issuance or renewal of the driver's licence is not complete unless it contains a direction, in the form prescribed by the regulations, from the person as to the use that the person requires be made of his or her organs on death.

Authority of declaration

   (13.3)  Upon the death of a person who has completed a declaration under subsection (13.1), the declaration 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 the declaration if the person has reason to believe that it was subsequently withdrawn before the death of the deceased.

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 declaration to prevail

   (4)  If a person has completed more than one of the following instruments, the latest valid instrument that the person has completed prevails over the other instruments:

    1.  A consent given under this section.

    2.  A declaration in the person's health card under subsection 11 (4) of the Health Insurance Act.

    3.  A declaration in the person's driver's licence under subsection 32 (13.1) of the Highway Traffic Act.

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 and Tissue Donation Mandatory Declaration Act, 2007.

This reprint of the Bill is marked to indicate the changes that were made in Committee.

The changes are indicated by underlines for new text and a strikethrough for deleted text.

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EXPLANATORY NOTE

The Bill amends the Health Insurance Act and the Highway Traffic Act to require that a health card or a driver's licence cannot be issued or renewed for a person of at least 16 years of age unless the person has completed a declaration that specifies what uses are to be made of the person's organs or tissue after death or that specifies that the person is undecided about specifying such uses whether or not the person is willing to donate his or her organs or tissue on death.

Under the Trillium Gift of Life Network Act, if a person of at least 16 years of age has given one or more of a consent under that Act or a declaration in a health card or a driver's licence, the latest such valid instrument prevails over the others.