[38] Bill 79 Original (PDF)
Bill 79 2006
An Act to amend the
Trillium Gift of Life Network Act,
the Health Insurance Act
and the Highway Traffic Act
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:
1. The Trillium Gift of Life Network Act is amended by adding the following Part:
PART II.0.1
POST MORTEM GIFTS FOR TRANSPLANTS, CONSENT ON HEALTH CARDS
Definitions
8.0.1 In this Part,
"driver's licence" means a licence issued under the Highway Traffic Act to drive a motor vehicle on a highway; ("permis de conduire")
"health card" means the card provided to an insured person within the meaning of the Health Insurance Act by the General Manager; ("carte Santé")
"next of kin" means a person listed in clauses 5 (2) (b) to (e); ("proche parent")
"spouse" has the same meaning as in subsection 5 (1). ("conjoint")
Consent form, health card
8.0.2 (1) The General Manager shall ensure that a consent form for the use of the person's body or the part or parts of the body specified in the consent after death for the transplant of tissue from the body accompanies every application for or application to renew a health card.
Health records
(2) If consent is given under this section, the records maintained by the General Manager shall reflect that consent.
Issuance of new health card
(3) If an insured person within the meaning of the Health Insurance Act wishes to consent to the use of his or her body or part or parts of it after death for the transplant of tissue, the person may request that the General Manager provide an application for the issuance of a new health card with the consent form and, on completion of the application and the consent, the General Manager shall issue a new health card and shall amend his or her records to reflect the consent.
Consent form, driver's licence
8.0.3 (1) The Minister of Transportation shall ensure that a consent form for the use of the person's body or the part or parts of the body specified in the consent after death for the transplant of tissue from the body accompanies every application for or application to renew a driver's licence.
Licence records
(2) If consent is given under this section, the records maintained by the Minister of Transportation shall reflect that consent.
Issuance of a new driver's licence
(3) If a person with a driver's licence wishes to consent to the use of his or her body or part or parts of it after death for the transplant of tissue, the person may request that the Minister of Transportation provide an application for the issuance of a new driver's licence with the consent form and, on completion of the application and the consent, the Minister of Transportation shall issue a new driver's licence and shall amend his or her records to reflect the consent.
Content of consent form
8.0.4 (1) The consent form under sections 8.0.2 and 8.0.3 must contain the following:
1. Information on the importance of transplants and the need for donors.
2. Information on the options available to the person concerning which part or parts of the body may be used for tissue transplant purposes. The consent form must be designed to provide the person with clear choices as to which option, if any, the person chooses to exercise.
3. An explanation as to the effect of the consent.
4. A signature line for the person providing the consent and an optional signature line for the person's spouse or next of kin.
Who may consent
(2) Consent under sections 8.0.2 and 8.0.3 may be given by,
(a) the person to whom the consent relates, if the person has attained the age of 16 years and is capable of giving consent; or
(b) if the person has not attained the age of 16 years or is incapable of giving consent, a person who can consent to treatment on behalf of the person under subsection 20 (1) of the Health Care Consent Act, 1996.
Consent is full authority
(3) Upon the death of a person who has given a consent or on whose behalf consent has been given under section 8.0.2 or 8.0.3,
(a) the consent is binding and is full authority for the use of the body or the removal and use of the specified part or parts for the purpose specified; and
(b) a person may act upon the consent, unless there is a signed, written withdrawal of the consent by the person who gave the consent or oral withdrawal by that person in the presence of and attested to by two witnesses during the last illness of the person whose body or part or parts of it are to be used for tissue transplant purposes.
Consent is full authority, personal information
(4) The authority to give consent under clause (2) (b) includes the authority to consent to the collection, use or disclosure of personal information that is necessary for, or ancillary to, a decision about the gift.
Conflict
8.0.5 In the event of a conflict or inconsistency between a consent given under section 8.0.2 and one given under section 8.0.3, the more recent consent prevails.
Consent, health card
8.0.6 (1) Within one year after the introduction of a numerical system that indicates consent to the use of a person's body or part or parts of it after death for the transplant of tissue under subsection 4 (3) of the Health Insurance Act, the General Manager shall ensure that the appropriate numeral to indicate consent under section 8.0.2 is shown on a person's health card.
Consent, driver's licence
(2) Within one year after the introduction of a numerical system that indicates consent to the use of a person's body or part or parts of it after death for the transplant of tissue under subsection 32 (4.1) of the Highway Traffic Act, the Minister of Transportation shall endorse the person's driver's licence with the appropriate numeral to indicate consent under section 8.0.3.
Registry
8.0.7 The Network may use the information in the records referred to in subsections 8.0.2 (2) and 8.0.3 (2) for the purpose of creating and maintaining a registry of consent to the use of a person's body or the part or parts of the body specified in the consent after death for the transplant of tissue from the body.
2. (1) Section 4 of the Health Insurance Act is amended by adding the following subsection:
Same
(3) The General Manager shall, in accordance with the regulations, develop and publish a numerical system that indicates consent and the level or type of consent to use of the body or part or parts of the body for tissue transplant after death, in which a numeral can be placed on a person's health card and shall manage the introduction of the numerical system and its use.
(2) Subsection 45 (1) of the Act is amended by adding the following clause:
(a.0.1) governing the development, introduction and use of a numerical system that indicates consent to use of the body or part or parts of the body for tissue transplant after death that is to be included on the health card;
3. (1) Section 32 of the Highway Traffic Act is amended by adding the following subsection:
Same
(4.1) The Minister shall endorse the driver's licence of every person who consents to use of the body or part or parts of the body for tissue transplant after death with a numeral that indicates consent and the level or type of consent.
(2) Subsection 32 (14) of the Act is amended by adding the following clause:
(d.1) governing the development, introduction and use of a numerical system that indicates consent to use of the body or part or parts of the body for tissue transplant after death that permits a numeral that indicates consent and the level or type of consent to be endorsed on the driver's licence of a person who so consents;
Commencement
4. (1) This section and section 5 come into force on the day this Act receives Royal Assent.
(2) Section 1 comes into force 180 days after the day this Act receives Royal Assent.
(3) Sections 2 and 3 come into force 12 months after the day this Act receives Royal Assent.
Short title
5. The short title of this Act is the Trillium Gift of Life Network Statute Law Amendment Act, 2006.
EXPLANATORY NOTE
The Bill amends the Trillium Gift of Life Network Act, the Health Insurance Act and the Highway Traffic Act. The amendments to the Trillium Gift of Life Network Act require that a consent form be distributed with every application for or renewal of a person's health card and driver's licence. The consent form permits a person to consent to the use of his or her body or the part or parts of it specified in the consent after the person's death for the transplant of tissue. If a person provides a consent, the information shall be included on the person's health card or endorsed on the person's driver's licence, within one year after the introduction of the numerical system that indicates consent on the health card and driver's licence. Upon the death of a person, the consent is binding and is full authority for the use of the body as specified, unless the person has explicitly withdrawn the consent in writing or has orally withdrawn the consent in the presence of and attested to by two witnesses. The Trillium Gift of Life Network may use the information from the records of the General Manager under the Health Insurance Act and from the Minister of Transportation to start and maintain a registry of information on consent.
The Health Insurance Act is amended to require the General Manager under the Act to introduce a numerical system to indicate consent to use the body or part or parts of it after death for the transplant of tissue that is to be included on the health card and to manage the introduction of the system and its use.
The Highway Traffic Act is amended to require the Minister of Transportation to endorse a person's driver's licence with a numeral to indicate consent to use the body or part or parts of it after death for the transplant of tissue. The Lieutenant Governor in Council is empowered to make regulations governing the development, introduction and use of a numerical system that indicates consent to use of the body or part or parts of the body for tissue transplant after death that permits a numeral that indicates consent and the level or type of consent to be endorsed on the driver's licence of a person who so consents.