HER MAJESTY, by and with
the advice and consent of the Legislative Assembly of Alberta, enacts as
follows:
Definitions
1 In this Act,
(a) “agent”
means an agent as defined in the Personal
Directives Act;
(b) “consent”
means a consent given under this Act;
(c) “maker”
means a maker as defined in the Personal
Directives Act;
(d) “personal
directive” means a personal directive as defined in the Personal Directives Act;
(e) “tissue”
includes an organ, but does not include any skin, bone, blood, blood
constituent or other tissue that is replaceable by natural processes of repair;
(f) “transplant”
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;
(g) “writing” for the purposes of Part 2
includes a will and any other testamentary instrument whether or not probate
has been applied for or granted and whether or not the will or other
testamentary instrument is valid.
RSA 1980 cH‑12
s1;1996 cP‑4.03 s38
Part 1
Inter Vivos Gifts for Transplants
Live transplants
2 A transplant from one living human body to
another living human body may be done in accordance with this Act, but not
otherwise.
RSA 1980 cH‑12 s2
Consent to transplant
3(1) Any adult person who 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 the person’s body of
the tissue specified in the consent and its implantation in the body of another
living person.
(2) Notwithstanding
subsection (1), a consent given under it by a person who was not an adult, was
not mentally competent to consent or was not able to make a free and informed
decision is valid for the purposes of this Act if the person who acted on it
had no reason to believe that the person who gave it was not an adult, was not
mentally competent to consent or was not able to make a free and informed
decision, as the case may be.
(3) An
agent may, on behalf of a maker, consent to the removal of tissue from the
maker’s body in accordance with subsection (1) if the personal directive under
which the agent is authorized to act states that the consent may be given.
(4) 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 in the consent, and
(b) to
remove forthwith that tissue from the body of the person who gave the consent.
(5) If for any reason the tissue specified in the consent
is not removed in the circumstances to which the consent relates, the consent
is void.
RSA 1980 cH‑12
s3;1996 cP‑4.03 s38
Part 2
Post‑mortem Gifts for Transplants
and Other Uses
Consent to use after
death
4(1) Any adult person may consent,
(a) in
a writing signed by the person at any time, or
(b) orally
in the presence of at least 2 witnesses during the person’s last illness,
that the person’s body
or the part or parts of it specified in the consent be used after the person’s
death for therapeutic purposes, medical education or scientific research.
(2) Notwithstanding
subsection (1), a consent given by a person who was not an adult is valid for
the purposes of this Act if the person who acted on it had no reason to believe
that the person who gave it was not an adult.
(3) On 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 on a consent given under
this section if that person has reason to believe that it was subsequently
withdrawn.
RSA 1980 cH‑12 s4
Consent of next of kin
5(1) When a person of any age who has not given 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 adult interdependent partner of any age, or
(b) if
none, or if the person’s spouse or adult interdependent partner is not readily
available, any one of the person’s adult children, or
(c) if
none, or if none is readily available, either of the person’s parents, or
(d) if
none, or if neither is readily available, any one of the person’s adult brothers
or sisters, or
(e) if
none, or if none is readily available, any other of the person’s adult 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 to the
body or the part or parts of it specified in the consent being used after death
for therapeutic purposes, medical education or scientific research.
(2) A
spouse or adult interdependent partner, relative or other person who gives a
consent under this section shall give that consent
(a) in
a writing signed by the spouse or adult interdependent partner, relative or
other person,
(b) orally
by the spouse or adult interdependent partner, relative or other person in the
presence of at least 2 witnesses, or
(c) by
the telegraphic, recorded telephonic or other recorded message of the spouse or
adult interdependent partner, relative or other person.
(3) No
person shall give a consent under this section if the person has reason to believe that the person who
died or whose death is imminent would have objected to it.
(4) On
the death of a person in respect of whom a consent was given under this
section, the consent is binding and is, subject to section 6, full authority
for the use of the body or for the removal and use of the specified part or
parts for the purpose specified except that no person shall act on a consent
given under this section if the person has actual knowledge of an objection to
it by the person in respect of whom the consent was given or by a person of the
same or closer relationship to the person in respect of whom the consent was
given than the person who gave the consent.
(5) In
subsection (1), “person lawfully in possession of the body” does not include
(a) the
Chief Medical Examiner, a deputy chief medical examiner or a medical examiner
in possession of the body for the purposes of the Fatality Inquiries Act,
(b) the
Public Trustee in possession of the body for the purpose of its burial,
(c) an
embalmer or funeral director in possession of the body for the purpose of its
burial, cremation or other disposition, or
(d) the superintendent of a crematorium in
possession of the body for the purpose of its cremation.
RSA 2000 cH‑15 s5;2002
cA‑4.5 s42
Consent of next of kin
6 When
(a) in
the opinion of a physician, the death of a person is imminent by reason of
injury or disease,
(b) the
physician has reason to believe that section 10, 11, 12 or 13 of the Fatality Inquiries Act may apply when
the death does occur, and
(c) a
consent under this Part has been obtained for a post‑mortem transplant of
tissue from the body,
then, notwithstanding that death has not yet occurred, a
medical examiner appointed under the Fatality
Inquiries Act may give any directions the medical examiner thinks proper
respecting the removal of that 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.
RSA 1980 cH‑12 s6
Determination of death
7(1) For the purposes of a post‑mortem
transplant, the fact of death must be determined by at least 2 physicians in
accordance with accepted medical practice.
(2) No
physician who has had any association with the proposed recipient that might
influence that physician’s judgment shall take any part in the determination of
the fact of death of the donor.
(3) No
physician who took any part in the determination of the fact of death of the
donor shall participate in any way in the transplant procedures.
(4) Nothing in this section in any way affects a
physician in the removal of eyes for cornea transplants.
RSA 1980 cH‑12 s7
Unusable tissue
8 When a gift under this Part cannot for any
reason be used for any of the purposes specified in the consent, the subject‑matter
of the gift and the body to which it belongs shall be dealt with and disposed
of as if no consent had been given.
RSA 1980 cH‑12 s8
Part 3
General
Civil liability
9 No action or other proceeding for damages lies
against any person for any act done in good faith and without negligence in the
exercise or intended exercise of an authority conferred by this Act.
RSA 1980 cH‑12 s9
Sale, etc. of tissue
prohibited
10 No person shall buy, sell or otherwise deal in,
directly or indirectly, for a valuable consideration, any tissue for a
transplant, or any body or part or parts of it other than blood or a blood
constituent, for therapeutic purposes, medical education or scientific
research, and any such dealing is invalid as being contrary to public policy.
RSA 1980 cH‑12 s10
Confidentiality of
information
11(1) Except when legally required, no person shall
disclose or give to any other person any information or document whereby the
identity of a person
(a) who
has given or refused to give a consent,
(b) with
respect to whom a consent has been given, or
(c) into
whose body tissue has been, is being or may be transplanted,
may become known
publicly.
(2) When the information or document disclosed or
given pertains only to the person who disclosed or gave the information or
document, subsection (1) does not apply.
(3) If there is an inconsistency or
conflict between subsection (1) and the Health
Information Act, subsection (1) prevails.
RSA 2000 cH‑15
s11;RSA 2000 cH‑5 s118
Lawful dealings unaffected
12 Except as provided in this Act, any dealing with
a body or part or parts of it that was lawful before this Act came into force
continues to be lawful.
RSA 1980 cH‑12 s12
Offence
13 Every person who knowingly contravenes this Act
is guilty of an offence and liable to a fine of not more than $1000 or to
imprisonment for a term of not more than 6 months or to both.
RSA 1980 cH‑12 s13
Fatality Inquiries Act
14 Except as provided in section 6, nothing in this
Act affects the operation of the Fatality
Inquiries Act.
RSA 1980 cH‑12 s14
