Bill 58 2012

An Act to amend various Acts with respect to organ or tissue donation on death

Note: This Act amends or repeals more than one Act.  For the legislative history of these Acts, see the Table of Consolidated Public Statutes – Detailed Legislative History at 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.  The Health Insurance Act is amended by adding the following section:

Organ or tissue donation

   11.0.1  (1)  Despite the regulations, the General Manager shall not, on or after the day this section comes into force, issue a health card to an insured person of at least 16 years of age or renew a health card of such a person unless the person has completed a declaration, in the required form, that forms part of the card and that specifies whether or not the person consents to having his or her organs or tissue used for transplant purposes after the person's death.

Definition

   (2)  In subsection (1),

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

Contents of declaration

   (3)  The declaration shall list the organs and tissue that the person consents to having used for transplant purposes after the person's death and may specify that the consent is limited to certain specified purposes and may specify the organs and tissue that the person does not consent to having so used.

Authority of consent

   (4)  Upon the death of a person who has completed a declaration under subsection (1), the consent is binding and is full authority for the removal and use of the specified organs or tissue for the purposes specified, except that no person shall act upon the consent if the person has reason to believe that it was subsequently withdrawn.

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, in the required form, that forms part of the licence and that specifies whether or not the person consents to having his or her organs or tissue used for transplant purposes after the person's death.

Definition

   (13.2)  In subsection (13.1),

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

Contents of declaration

   (13.3)  The declaration shall list the organs and tissue that the person consents to having used for transplant purposes after the person's death and may specify that the consent is limited to certain specified purposes and may specify the organs and tissue that the person does not consent to having so used.

Authority of consent

   (13.4)  Upon the death of a person who has completed a declaration under subsection (13.1), the consent is binding and is full authority for the removal and use of the specified organs or tissue for the purposes specified, except that no person shall act upon the 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, 2012.

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, cannot be issued or renewed unless the person has completed a declaration that forms part of the card or licence and that specifies whether or not the person consents to having his or her organs or tissue used for transplant purposes after the person's death.

Under the Trillium Gift of Life Network Act, if a person gives more than one such valid consent, the latest valid consent that the person has given prevails over all other consents that the person has given.