Human Tissue Donation Act
Consolidated act- Citation
- S.N.W.T. 2014, c.30
- Source
- Unofficial consolidation PDF (justice.gov.nt.ca)
This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.
- Coroners Act, s.5 → #sec_12__subsec_3
- Health Information Regulations, s.4 → #sec_1
- Health Information Regulations, s.4 → #sec_5
The Commissioner of the Northwest Territories, by and with the advice and consent of the Legislative Assembly, enacts as follows:
INTERPRETATION
Definitions
1.In this Act,
"association", in respect of a person, means a current or past relationship of any kind with another person that could influence or could reasonably be perceived as influencing the person’s judgment in respect of a decision under this Act about that other person; (lien)
"death" includes brain death as determined by generally accepted medical criteria; (décès)
"donor" means a person who consents to the removal of tissue or in respect of whom a consent to such removal has been given in accordance with this Act; (donneur)
"independent assessment committee" means an independent assessment committee established under section 8; (comité d'étude indépendante)
"non-regenerative tissue" means tissue other than regenerative tissue; (tissu non susceptible de régénération)
"regenerative tissue" means tissue, in a living human body, that replaces itself in the event of injury or removal; (tissue susceptible de régénération)
"tissue" means a part of a living or dead human body, including organs, but does not include
(a) spermatozoa or ova,
(b) an embryo or fetus, or
(c) blood or blood constituents; (tissu)
"transplantation" means the transferral of tissue from a human body, whether living or dead, to another live human body. (transplantation)
Purpose of Act
2.The purpose of this Act is to facilitate the donation of tissue by allowing people to consent to the use, either during their lives or after their deaths, of their tissue for transplantation, a therapeutic purpose, medical education or scientific research, and to allow other people to consent to such use in circumstances where potential donors are unable to consent.
CONSENT TO DONATION OF TISSUE
Compliance with Act
3.Tissue may be donated for transplantation, a therapeutic purpose, medical education or scientific research in accordance with this Act, but not otherwise.
Consent to transplant after death
4.(1) A person who is at least 16 years of age and understands the nature and consequences of transplanting tissue from his or her body after death may consent to the removal of specified tissue from his or her body after death for the purpose of transplantation.
(2) Notwithstanding subsection (1), a consent given by a donor who did not understand the nature and consequences of transplanting tissue from his or her body after death is valid for the purposes of this section if the person who acts on that consent has no reason to believe that the donor lacked the requisite understanding.
Consent to transplant by others
5.(1) On the death of a person who does not meet the requirements for giving consent set out in subsection 4(1), or in the event that a person’s death is imminent, a person referred to in subsection (2) may consent to the removal of specified tissue from the body after death
(a) for the purpose of transplantation; or
(b) for a purpose referred to in section 10.
(2) Subject to subsection (4), a consent referred to in subsection (1) may be given by a person in one of the following classes, in descending order of priority:
(a) subject to paragraph 13(2)(b) of the Personal Directives Act, an agent designated in accordance with that Act;
(b) a guardian of the donor before his or her death;
(c) the spouse of the donor;
(d) a child of the donor;
(e) a parent of the donor;
(f) a sibling of the donor;
(g) any other relative of the donor.
(3) A dispute between persons in two or more of the classes referred to in subsection (2) shall be decided in accordance with the order in which those classes are listed.
(4) A person may not consent under this section to the transplantation if he or she
(a) is less than 16 years of age;
(b) does not understand the nature and consequences of transplanting tissue from the body of the donor after death;
(c) has reason to believe that the donor would have objected to the consent; or
(d) has reason to believe that a person in the same class as the person giving the consent would object to the consent.
Consent to transplant during life
6.(1) A person who is at least 16 years of age and understands the nature, risks and consequences of transplanting tissue from his or her body during his or her life may consent to the removal of specified tissue from his or her body during his or her life for the purpose of transplantation.
(2) If there is reason to believe that the donor lacked the requisite understanding, the transplantation shall not be performed under this section unless the donation is approved by an independent assessment committee.
(3) A transplantation of non-regenerative tissue shall not be performed under this section unless the donation is approved by an independent assessment committee.
Consent to transplant during life: person under 16 years of age
7.(1) A person who is less than 16 years of age and understands the nature, risks and consequences of transplanting tissue from his or her body during his or her life may, with the approval of a parent or guardian, consent to the removal of specified regenerative tissue from his or her body during his or her life for the purpose of transplantation.
(2) Notwithstanding subsection (1), a parent or guardian of a person who is less than 16 years of age and lacks the requisite understanding may consent to the removal of bone marrow from the person’s body during his or her life for the purpose of transplanting it in a biological sibling.
(3) A transplantation shall not be performed under subsection (1) or (2) unless the donation is approved by an independent assessment committee.
Independent assessment
8.(1) An independent assessment required under this Act shall be conducted in accordance with this section and the regulations.
(2) An independent assessment committee shall, in accordance with the regulations, be established for the purposes of approving a donation under section 6
or
7.(3) An independent assessment committee shall have a minimum of three members.
(4) A person may not be a member of an independent assessment committee in respect of a proposed transplantation if the person has or has ever had an association with the donor or the proposed recipient of the tissue.
(5) An independent assessment committee shall provide notice of the date, time and place of the independent assessment to
(a) the donor;
(b) in the case of a donor who is less than 16 years of age, the parent or guardian of the donor; and
(c) in the case where there is reason to believe that a donor who is at least 16 years of age lacks the requisite understanding, the parent or guardian of the donor.
(6) Before approving a donation, an independent assessment committee shall ensure the following:
(a) the proposed transplantation is the medical treatment of choice;
(b) with respect to a proposed transplantation under subsection 7(1) or (2), all other members of the immediate family of the proposed recipient have been eliminated, for medical or other reasons, as potential donors;
(c) no coercion has been exerted on and no inducement has been offered to the donor for the purpose of obtaining his or her consent to the proposed transplantation;
(d) the removal of the tissue from the body of the donor will pose a minimal health or other risk to the donor;
(e) this Act and the regulations, as they relate to that proposed transplantation, have been complied with.
(7) An independent assessment committee shall, in the prescribed manner and within the prescribed time period,
(a) decide whether it is appropriate in all the circumstances to perform a transplantation proposed under subsections 6(2) or (3) or 7(1) or (2);
(b) provide written reasons for the decision; and
(c) provide notice of that decision and the reasons for the decision to the persons who received notice of the independent assessment under subsection (5).
Appeal
9.(1) A person may, within three days after receipt of the notice under subsection 8(7), appeal the decision of the independent assessment committee to the Supreme Court in accordance with Part 44 of the Rules of the Supreme Court.
(2) On hearing an appeal, the Court may
(a) quash, vary or confirm the decision of the independent assessment committee; or
(b) refer the matter back to the independent assessment committee for further action in accordance with the directions of the Court.
(3) On hearing an appeal of the independent assessment committee’s decision respecting a matter to which subsection 7(2) applies, the Court may make an order authorizing a parent or guardian of the donor to consent to the transplantation on behalf of the donor.
(4) A transplantation in respect of which an appeal has been commenced under subsection (1) shall not be performed until the appeal is concluded.
Consent for other purposes
10.A person who is at least 16 years of age and understands the nature and consequences of removing tissue from his or her body after death may consent to the use after death of the tissue specified in the consent for
(a) a therapeutic purpose other than transplantation;
(b) medical education; or
(c) scientific research.
Form of consent
11.(1) Subject to the regulations, a consent given under this Act must be made
(a) in writing, signed and dated by the person giving the consent, and signed by a witness; or
(b) orally in the presence of two witnesses.
(2) A person may not witness a consent if the person is
(a) the proposed recipient of the tissue or a member of his or her immediate family;
(b) a medical practitioner who will participate in any way in the transplantation of the tissue; or
(c) referred to in subsection 5(2).
Effect of consent
12.(1) Subject to subsections (2) and (3), a consent that complies with this Act is binding and authorizes
(a) a medical practitioner to make any examination necessary to ensure medical acceptability of the specified tissue and to remove it in accordance with the consent; and
(b) the use of the specified tissue for the specified purpose.
(2) A medical practitioner shall not act on a consent if the medical practitioner has reason to believe that
(a) in the case of a consent under section 4, 6, 7 or 10, the person who gave the consent subsequently withdrew it or would have withdrawn it; or
(b) in the case of a consent under section 5, the person on whose behalf the consent was given would have objected to the consent.
(3) Unless authorized by the Chief Coroner, a medical practitioner shall not act on a consent if
(a) an investigation of the death of a donor is commenced under the Coroners Act; or
(b) the medical practitioner has reason to believe that the death of the donor is imminent and that it will likely be the subject of an investigation under the Coroners Act.
Unusable donation
13.If tissue that has been removed from a donor in accordance with a consent given under this Act cannot for any reason be used for any of the purposes specified in the consent, the tissue shall be disposed of as though no consent had been given.
GENERAL
Determina- tion of death
14.(1) The fact of death of a donor shall be determined by at least two medical practitioners in accordance with accepted medical practice.
(2) A medical practitioner shall not take any part in the determination of the fact of death of a donor if the medical practitioner
(a) has ever had an association with the proposed recipient of the tissue; or
(b) will participate in the removal of the tissue or its transplantation in the proposed recipient.
(3) Subsection (2) does not apply to a medical practitioner engaged in the removal of a donor’s eyes for cornea transplantation.
Confidential information
15.(1) Except when required by law, no person shall disclose or give to another person any information or document which may publicly identify a person
(a) who has given or refused to give a consent to the removal of tissue;
(b) with respect to whom a consent to the removal of tissue has been given or refused; or
(c) who is, was or may be the recipient of transplanted tissue.
(2) Notwithstanding subsection (1),
(a) a donor may disclose or authorize another person to disclose information, relating solely to the donor, to the extent authorized by the donor;
(b) a recipient of tissue may disclose or authorize another person to disclose information, relating solely to the recipient, to the extent authorized by the recipient; and
(c) a person who gave a consent under section 5 on behalf of a donor may disclose or authorize another person to disclose information, relating solely to the donor, to the extent authorized by the person who gave the consent.
Exclusion of liability
16.No action or proceeding may be brought against a person for anything done or omitted to be done in good faith and without negligence by the person in the exercise of a power or performance of a duty under this Act or the regulations. SNWT 2023,c.7,s,19.
Agreements
17.The Minister may, on behalf of the Government of the Northwest Territories, enter into agreements with the government of a province or territory or with any entity in a province or territory respecting
(a) the recognition and execution, outside the Northwest Territories, of consents given under this Act; and
(b) the recognition and execution, in the Northwest Territories, of consents given under equivalent legislation of a province or territory.
Commercial transactions prohibited
18.No person shall buy, sell or otherwise deal in, directly or indirectly, any tissue for transplantation, a therapeutic purpose, medical education or scientific research.
Offence and punishment
19.(1) Every person who contravenes this Act, except section 18, is guilty of an offence and liable on summary conviction to a fine of not more the $10,000 or to imprisonment for not more than six months, or to both.
(2) Every person who contravenes section 18 is guilty of an offence and liable on summary conviction to a fine of not more than $100,000 or to imprisonment for not more than one year, or to both.
Regulations
20.The Commissioner, on the recommendation of the Minister, may make regulations
(a) respecting the conduct of independent assessments;
(b) respecting the establishment and composition of independent assessment committees;
(c) prescribing the manner and time period in which a decision under subsection 8(7), reasons for the decision and notice of the decision shall be given;
(d) respecting the methods and requirements for the making of consents;
(e) respecting the use, procurement, transfer or processing of tissue for
(f) respecting any other matter considered necessary to carry out the purposes and provisions of this Act.