Human Tissue Gift Amendment Act (Trillium Gift of Life Network), 2000, S.O. 2000, c. 39 - Bill 142

• Jurisdiction: Ontario
• Date: 21 December 2000
• Bill Number: 142

EXPLANATORY NOTE

The Bill changes the title of the Human Tissue Gift Act to the Trillium Gift of Life Network Act, establishes the Trillium Gift of Life Network and provides for the establishment of policies and procedures governing consent to the donation of human tissue for transplant and for education or research. It also amends the definition of “tissue”.

The Network is established to plan, promote, co-ordinate and support activities relating to the donation of tissue for transplant and activities relating to education and research in connection with the donation of tissue.

Health facilities designated by the Minister are required to establish policies and procedures in accordance with requirements established by the Network for identifying and approaching potential donors and their families to provide information and inquire about consent.

chapter 39

An Act to amend the
Human Tissue Gift Act

Assented to December 21, 2000

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The title of the Human Tissue Gift Act is repealed and the following substituted:

Trillium Gift of Life Network Act

2. (1) Section 1 of the Act, as amended by the Statutes of Ontario, 1998, chapter 18, Schedule G, section 58, is further amended by adding the following definitions:

“designated facility” means a hospital, health facility or other entity designated as a member of a prescribed class of facilities under section 8.2; (“établissement désigné”)

“General Manager” means the General Manager appointed under the Health Insurance Act; (“directeur général”)

“hospital” means a hospital approved as a public hospital under the Public Hospitals Act; (“hôpital”)

“Minister” means the Minister of Health and Long-Term Care or such other member of the Executive Council as may be designated under the Executive Council Act to administer this Act; (“ministre”)

“Ministry” means the ministry of the Minister; (“ministère”)

“Network” means the Trillium Gift of Life Network established by subsection 8.7 (1); (“Réseau”)

“personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act; (“renseignements personnels”)

“prescribed” means prescribed by a regulation made under this Act; (“prescrit”)

“substitute” means, when used in relation to a patient, the person described in clause 5 (2) (a), (b), (c), (d), (e) or (f), as the case may be. (“remplaçant”)

(2) The definition of “tissue” in section 1 of the Act is repealed and the following substituted:

“tissue” means a part of a living or dead human body and includes an organ but, unless otherwise prescribed by the Lieutenant Governor in Council, does not include bone marrow, spermatozoa, an ovum, an embryo, a foetus, blood or blood constituents. (“tissu”)

3. The French version of subsection 7 (2) of the Act is amended by striking out “bénéficiaire” and substituting “receveur”.

4. The Act is amended by adding the following Part:

PART II.1
Notice and Consent

Notice of death, imminent death

8.1 (1) A designated facility shall notify the Network as soon as possible when a patient at the facility has died or a physician is of the opinion that the death of a patient at the facility is imminent by reason of injury or disease.

Exception

(2) Despite subsection (1), a designated facility is not required to notify the Network if the Network has established requirements that set out circumstances in which notice is not required and those circumstances exist.

Information in notice

(3) The designated facility shall give a notice in accordance with such requirements as may be established by the Network and the notice must include the information required by the Network.

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 consent for tissue donation, and shall make the determination in consultation with the facility.

Query about consent

(5) 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 consents to the removal of tissue from the body of the patient 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.

Information exchange

(6) The person who contacts the patient or the patient’s substitute shall give to the patient or substitute the information required by the Network and shall make reasonable efforts to obtain from him or her the information required by the Network.

Commencement

(7) This section comes into force on a day to be named by proclamation of the Lieutenant Governor, and different subsections may be proclaimed into force at different times.

Classes of facilities

8.2 (1) The Minister may prescribe classes of facilities for the purposes of this Act.

Members of class

(2) The Minister may, by regulation, designate any of the following entities as a member of a prescribed class of facilities:

1. A hospital.

2. A health facility.

3. Another entity engaged in activities related to tissue donations or transplants.

Confidentiality agreement

(3) Each designated facility, other than a hospital, is required to enter into an agreement with the Minister governing the confidentiality of personal information that is collected, used or disclosed by the facility for the purposes of this Act.

Committees, designated facilities

8.3 (1) A designated facility shall establish such committees as may be prescribed by the Minister, and the duties of the committees shall include such matters as the Minister may prescribe.

Officials

(2) A designated facility shall designate such persons to perform such duties as may be required by the Network.

Eligibility

(3) A person is not eligible to be designated under subsection (2) unless he or she meets such requirements as may be established by the Network.

Policies and procedures

8.4 (1) Every designated facility shall establish such policies and procedures as may be required by the Network, and they must meet the requirements established by the Network.

Public inspection

(2) Every designated facility shall make the policies and procedures it establishes under this Act available for public inspection.

Compliance

(3) Every designated facility shall make reasonable efforts to ensure that it follows the policies and procedures it establishes under this Act.

Compliance, requirements

8.5 Every designated facility shall make reasonable efforts to ensure that it follows such requirements that apply to it as may be established by the Network.

Minister’s directions

8.6 (1) The Minister may issue directions to a designated facility on matters relating to the exercise of the facility’s rights and powers and the performance of its duties under this Act.

Compliance, directions

(2) A designated facility that receives a direction under subsection (1) shall comply with the direction.

5. The Act is amended by adding the following Part:

PART II.2
Trillium Gift of Life Network

Network established

8.7 (1) A corporation without share capital known in English as the Trillium Gift of Life Network and in French as Réseau Trillium pour le don de vie is hereby established.

Composition

(2) The Network is composed of the members of its board of directors.

Status

(3) The Network is not an agent of Her Majesty for any purpose despite the Crown Agency Act.

Other Acts

(4) The Corporations Act and the Corporations Information Act do not apply to the Network.

Conflict of interest and indemnification

(5) Sections 132 and 136 of the Business Corporations Act apply to the Network and to the members of its board of directors.

Objects of the Network

8.8 The following are the objects of the Network:

...