Gift of Life Act

1 In this Act, “Agency” means the corporation continued by section 3 of the Connecting Care Act, 2019; (“Agence”) “consent” means a consent given under this Act; (“consentement”) “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”) “personal information” includes personal information as defined in the Freedom …

PART I INTER-VIVOS GIFTS FOR 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. R.S.O. 1990, c. H.20, s. 2.

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). Consent of person under age, etc. (2) Despite subsection (1), a consent given thereunder by a person who had not attained the age of sixteen years, 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 upon it had no reason to believe that the person who gave it had not attained the age of sixteen years, was not mentally competent to consent, and was not able to make a free and informed decision, as the case may be. R.S.O. 1990, c.…

PART II POST MORTEM GIFTS FOR TRANSPLANTS AND OTHER USES

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). Where donor under age (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). Consent is full authority, exception (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 believ…

5 (1) In this section, “spouse” means a person, (a) to whom the person is married, or (b) with whom the person is living or, immediately before the person’s death, was living in a conjugal relationship outside marriage, if the two persons, (i) have cohabited for at least one year, (ii) are together the parents of a child, or (iii) have together entered into a cohabitation agreement under section 53 of the Family Law Act. R.S.O. 1990, c. H.20, s. 5 (1); 1999, c. 6, s. 29 (1); 2005, c. 5, s. 70 (1, 2). Consent by spouse, etc., for use of body after death (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) …

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.

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). Prohibition (2) No physician who has had any association with the proposed recipient that might influence the physician’s judgment shall take any part in the determination of the fact of death of the donor. R.S.O. 1990, c. H.20, s. 7 (2); 2000, c. 39, s. 3. Idem (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. R.S.O. 1990, c. H.20, s. 7 (3). Exception (4) Nothing in this section in any way affects a physician in the removal of eyes for cornea transplants. R.S.O. 1990, c. H.20, s. 7 (4). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 3 - 27/02/2001

8 Where 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. R.S.O. 1990, c. H.20, s. 8.

PArt II.1 Designated Facilities – Routine Notification and Required Consent

8.1 (1) A designated facility shall notify the Agency 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. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). Exception (2) Despite subsection (1), a designated facility is not required to notify the Agency if the Agency has established requirements that set out circumstances in which notice is not required and those circumstances exist. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). Information in notice (3) The designated facility shall give a notice in accordance with such requirements as may be established by the Agency and the notice must include the information required by the Agency. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). Determination (4) When the designated facility gives notice to the A…

8.2 (1) The Minister may prescribe classes of facilities for the purposes of this Act. 2000, c. 39, s. 4. 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. 2000, c. 39, s. 4. 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. 2000, c. 39, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 4 - 09/01/2006 Designated facilities: committees and officials

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. 2000, c. 39, s. 4. Officials (2) A designated facility shall designate such persons to perform such duties as may be required by the Agency. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). 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 Agency. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 4 - 09/01/2006 2019, c. 5, Sched. 3, s. 25 (4) - 02/04/2021

8.4 (1) Every designated facility shall establish such policies and procedures as may be required by the Agency, and they must meet the requirements established by the Agency. 2000, c. 39, s. 4; 2019, c. 5, Sched. 3, s. 25 (4). Public inspection (2) Every designated facility shall make the policies and procedures it establishes under this Act available for public inspection. 2000, c. 39, s. 4. Compliance (3) Every designated facility shall make reasonable efforts to ensure that it follows the policies and procedures it establishes under this Act. 2000, c. 39, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 4 - 09/01/2006 2019, c. 5, Sched. 3, s. 25 (4) - 02/04/2021

8.5 (1) The Agency may establish requirements that one or more designated facilities are required to comply with for the purposes of this Act. 2019, c. 5, Sched. 3, s. 25 (6). Compliance with requirements (2) Every designated facility shall make reasonable efforts to ensure that it follows such requirements that apply to it as may be established by the Agency. 2019, c. 5, Sched. 3, s. 25 (6). Public inspection (3) The Agency shall make details of its requirements established under this Act available for public inspection. 2019, c. 5, Sched. 3, s. 25 (6). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 4 - 09/01/2006 2019, c. 5, Sched. 3, s. 25 (6) - 02/04/2021

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. 2000, c. 39, s. 4. Compliance, directions (2) A designated facility that receives a direction under subsection (1) shall comply with the direction. 2000, c. 39, s. 4. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 4 - 09/01/2006 Part II.2 (s. 8.7-8.16) Repealed: 2019, c. 5, Sched. 3, s. 25 (8)

8.7 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2010, c. 15, s. 246 (1) - no effect - see 2019, c. 5, Sched. 3, s. 27 - 18/04/2019 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.8, 8.9 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.10 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (7) - 18/04/2019; 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.11 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.12 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.13 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.14 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2004, c. 8, s. 46, Table -1/11/2005 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.15 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2017, c. 34, Sched. 46, s. 54 - 01/01/2018 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.15.1 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 54 - 01/01/2018 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

8.16 Repealed: 2019, c. 5, Sched. 3, s. 25 (8). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 5 - 27/02/2001 2004, c. 3, Sched. A, s. 98 (3) - 01/11/2004 2019, c. 5, Sched. 3, s. 25 (8) - 02/04/2021

PART II.3 aDMINISTRATION

8.17 (1) The Minister may request the Agency, a designated facility or another person to submit such reports and information that relate to tissue donations and transplants as the Minister may require for purposes relating to tissue donations and transplants. 2000, c. 39, s. 6; 2019, c. 5, Sched. 3, s. 25 (4). Compliance (2) A person who receives a request from the Minister for information shall comply with the request within the time specified by the Minister and shall submit the report or information to the Ministry or to such other person as may be requested by the Minister. 2000, c. 39, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 6 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (4) - 02/04/2021 Inspectors and inspection

8.18 (1) The Minister may appoint inspectors for the purposes of determining compliance with this Act. 2000, c. 39, s. 6. Inspection (2) For the purpose of determining compliance with this Act, an inspector may, without a warrant, enter and inspect the premises of designated facilities and the Agency. 2000, c. 39, s. 6; 2019, c. 5, Sched. 3, s. 25 (4). Restrictions (3) In an appointment, the Minister may restrict the inspector’s powers of entry and inspection to specified premises. 2000, c. 39, s. 6. Time of entry (4) The power to enter and inspect a place without a warrant may be exercised only during the regular business hours of the premises or, during daylight hours if there are no regular business hours. 2000, c. 39, s. 6. Identification (5) An inspector conducting an inspection shall produce, on request, evidence of his or her appointment. 2000, c. 39, s. 6. Powers of inspector (6)…

8.19 (1) Subject to such conditions as may be prescribed by the Minister, the Minister, the General Manager and the Agency may directly or indirectly collect personal information about individuals for a purpose related to tissue donations or transplants. 2000, c. 39, s. 6; 2019, c. 5, Sched. 3, s. 25 (4). Use of information (2) Subject to such conditions as may be prescribed by the Minister, the Minister, the General Manager and the Agency may use personal information that is in his, her or its custody or under his, her or its control for a purpose related to tissue donations or transplants. 2000, c. 39, s. 6; 2019, c. 5, Sched. 3, s. 25 (4). Purpose for which information obtained (3) For the purposes of the Freedom of Information and Protection of Privacy Act, personal information used by the Minister, the General Manager or the Agency for a purpose related to tissue donations or transp…

8.20 (1) The Agency, the Minister or the General Manager may enter into agreements with other persons to collect, use or disclose personal information for any purpose related to tissue donations or transplants. 2000, c. 39, s. 6; 2019, c. 5, Sched. 3, s. 25 (4). Confidentiality (2) An agreement under subsection (1) shall provide that personal information collected, used or disclosed under it is confidential and shall establish mechanisms for maintaining the confidentiality of the information. 2000, c. 39, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 6 - 27/02/2001 2019, c. 5, Sched. 3, s. 25 (4) - 02/04/2021

8.21 Before disclosing personal information about an individual that is obtained under this Act or under an agreement, the person who obtained it shall delete from it all names and identifying numbers, symbols or other particulars assigned to individuals unless disclosure of the names or other identifying information, (a) is necessary for a purpose related to tissue donations or transplants; (b) is authorized under the Freedom of Information and Protection of Privacy Act; or (c) is otherwise authorized at law. 2000, c. 39, s. 6. Section Amendments with date in force (d/m/y) 2000, c. 39, s. 6 - 27/02/2001

PART III GENERAL

9 (1) No action or other proceeding for damages or otherwise shall be instituted against any of the following individuals for any act done or performed in good faith in the performance or intended performance of any duty or function or in the exercise or intended exercise of any power or authority under this Act or for any neglect, default or omission in the performance or execution in good faith of any duty, function, power or authority under this Act: 1. A member of the medical or other staff of a designated facility. 2. Any other person employed in a designated facility. 3. Repealed: 2019, c. 5, Sched. 3, s. 25 (9). 2002, c. 18, Sched. I, s. 20; 2019, c. 5, Sched. 3, s. 25 (9). (2) Repealed: 2019, c. 5, Sched. 3, s. 25 (10). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 7 - 27/02/2001 2002, c. 18, Sched. I, s. 20 - 26/11/2002 2019, c. 5, Sched. 3, s. 25 (9, 10) - 02/04…

10 (1) 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 thereof, for therapeutic purposes, medical education or scientific research, and any such dealing is invalid as being contrary to public policy. R.S.O. 1990, c. H.20, s. 10; 2014, c. 14, Sched. 1, s. 15 (1). Blood (2) Despite anything else in this Act or the regulations, blood and blood constituents shall not be considered to be tissue or part of a body for the purposes of subsection (1). 2014, c. 14, Sched. 1, s. 15 (2). Voluntary Blood Donations Act, 2014 (3) Subsection (2) shall not be construed as authorizing anything that is prohibited by the Voluntary Blood Donations Act, 2014. 2014, c. 14, Sched. 1, s. 15 (2). Section Amendments with date in force (d/m/y) 2014, c. 14, Sched. 1, s. 15 (1, 2) - 11/12/2014

11 (1) Except where legally required, no person shall disclose or give to any other person any information or document whereby the identity of any 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. R.S.O. 1990, c. H.20, s. 11 (1). Exception (2) Where 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. R.S.O. 1990, c. H.20, s. 11 (2).

12 Every person who knowingly contravenes any provision of this Act is guilty of an offence and on conviction is liable to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.20, s. 12.

13 Except as provided in section 6, nothing in this Act affects the operation of the Coroners Act. R.S.O. 1990, c. H.20, s. 13.

14 The Lieutenant Governor in Council may make regulations, (a) prescribing persons for the purposes of the definition of a “physician” in section 1; (b) providing that the definition of “tissue” in section 1 includes one or more of the following: bone marrow, spermatozoa, an ovum, an embryo, a foetus, blood or blood constituents. 2023, c. 4, Sched. 2, s. 3 (2). Section Amendments with date in force (d/m/y) 2000, c. 39, s. 8 - 27/02/2001 2023, c. 4, Sched. 2, s. 3 (2) - 24/07/2023

15 (1) The Minister may make regulations, (a) prescribing those things that are required or permitted to be prescribed by the Minister or to be done by the Minister by regulation; (b) prescribing limitations or restrictions on the rights, powers and privileges of the Agency under this Act. 2000, c. 39, s. 8; 2019, c. 5, Sched. 3, s. 25 (11). Classes (2) A regulation may establish different entitlements, requirements or conditions relating to each prescribed class of facilities. 2000, c. 39, s. 8. Exemptions (3) A regulation may exempt a designated facility or a class of facilities from the application of a specified provision of this Act or a specified provision of a regulation. 2000, c. 39, s. 8. Restriction, person who contacts a patient or substitute (4) The Minister shall consult with the Agency before prescribing requirements for the purposes of clause 8.1 (5) (b). 2000, c. 39, s. 8…