Trillium Gift of Life Network Act, R.S.O. 1990, c. H.20

Question 1

consent

Answer 1

means a consent given under this Act

Question 2

tissue

Answer 2

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;

Question 3

transplant

Answer 3

as a noun means the removal of tissue from a human body, whether living or dead, and its implantation in a living human body, and in its other forms it has corresponding meanings; (“transplantation”)

Question 4

Transplants under Act are lawful

Answer 4

2. A transplant from one living human body to another living human body may be done in accordance with this Act, but not otherwise. R.S.O. 1990, c. H.20, s. 2

Question 5

Consent for transplant

Answer 5

3. (1) Any person who has attained the age of sixteen years, is mentally competent to consent, and is able to make a free and informed decision may in a writing signed by the person consent to the removal forthwith from his or her body of the tissue specified in the consent and its implantation in the body of another living person. R.S.O. 1990, c. H.20, s. 3 (1).

Question 6

Consent is full authority to proceed

Answer 6

3) A consent given under this section is full authority for any physician,

(a) to make any examination necessary to assure medical acceptability of the tissue specified therein; and

(b) to remove forthwith such tissue from the body of the person who gave the consent. R.S.O. 1990, c. H.20, s. 3 (3).

Question 7

Consent by person for use of his or her body after death

Answer 7

4. (1) Any person who has attained the age of sixteen years may consent,

(a) in a writing signed by the person at any time; or

(b) orally in the presence of a least two witnesses during the person’s last illness,

that the person’s body or the part or parts thereof specified in the consent be used after the person’s death for therapeutic purposes, medical education or scientific research. R.S.O. 1990, c. H.20, s. 4 (1)

Question 8

Where donor under age (DEATH HAS OCCURED ALREADY)

Answer 8

(2) Despite subsection (1), a consent given by a person who had not attained the age of sixteen years is valid for the purposes of this Act if the person who acted upon it had no reason to believe that the person who gave it had not attained the age of sixteen years. R.S.O. 1990, c. H.20, s. 4 (2).

Question 9

Consent is full authority, exception (DEATH)

Answer 9

3) Upon the death of a person who has given a consent under this section, 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, except that no person shall act upon a consent given under this section if the person has reason to believe that it was subsequently withdrawn. R.S.O. 1990, c. H.20, s. 4 (3).

Question 10

Consent by spouse, etc., for use of body after death (NO & YES ARE PROVIDED)

Answer 10

2) Where a person who has not given or cannot give a consent under section 4 dies, or in the opinion of a physician is incapable of giving a consent by reason of injury or disease and the person’s death is imminent,

(a) the person’s spouse; or

(b) if none or if the spouse is not readily available, any one of the person’s children; or

(c) if none or if none is readily available, either one of the person’s parents; or

(d) if none or if neither is readily available, any one of the person’s brothers or sisters; or

(e) if none or if none is readily available, any other of the person’s next of kin; or

(f) if none or if none is readily available, the person lawfully in possession of the body other than, where the person died in hospital, the administrative head of the hospital,

may consent,

(g) in a writing signed by the spouse, relative or other person; or

(h) orally by the spouse, relative or other person in the presence of at least two witnesses; or

(i) by the telegraphic, recorded telephonic, or other recorded message of the spouse, relative or other person,

to the body or the part or parts thereof specified in the consent being used after death for therapeutic purposes, medical education or scientific research. R.S.O. 1990, c. H.20, s. 5 (2); 1999, c. 6, s. 29 (2); 2005, c. 5, s. 70 (3).

Question 11

Coroner’s direction

Answer 11

6. Where, in the opinion of a physician, the death of a person is imminent by reason of injury or disease and the physician has reason to believe that section 10 of the Coroners Act may apply when death does occur and a consent under this Part has been obtained for a post mortem transplant of tissue from the body, a coroner having jurisdiction, despite the fact that death has not yet occurred, may give such directions as the coroner thinks proper respecting the removal of such tissue after the death of the person, and every such direction has the same force and effect as if it had been made after death under section 11 of the Coroners Act. R.S.O. 1990, c. H.20, s. 6.

Question 12

Determination of death

Answer 12

7. (1) For the purposes of a post mortem transplant, the fact of death shall be determined by at least two physicians in accordance with accepted medical practice. R.S.O. 1990, c. H.20, s. 7 (1).

Question 13

Objects of the Network

Answer 13

8.8 The following are the objects of the Network:

1. To plan, promote, co-ordinate and support activities relating to the donation of tissue for transplant and activities relating to education or research in connection with the donation of tissue.
2. To co-ordinate and support the work of designated facilities in connection with the donation and transplant of tissue.
3. To manage the procurement, distribution and delivery of tissue.
4. To establish and manage waiting lists for the transplant of tissue and to establish and manage a system to fairly allocate tissue that is available.
5. To make reasonable efforts to ensure that patients and their substitutes have appropriate information and opportunities to consider whether to consent to the donation of tissue and to facilitate the provision of that information.
6. To provide education to the public and to the health care community about matters relating to the donation and use of tissue and to facilitate the provision of such education by others.
7. To collect, analyse and publish information relating to the donation and use of tissue.
8. To advise the Minister on matters relating to the donation of tissue.
9. To do such other things as the Minister may direct. 2000, c. 39, s. 5.