BILL C-227

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

(a) that has legislation that includes the principles listed in section 7 and that provides for persons to consent to one or more of their organs being donated to another person and for other persons to give that consent when the donor dies or becomes incapable of giving consent; and

(b) that has made an agreement with the Minister that provides for the province to provide to the Registry information on organ donors residing in the province in a manner and form that permits the information to be included in the Registry and be used for the purposes of the Registry.

(a) a compilation of information on organ donors, recipients and those who have directed that their organs should not be donated, or

(b) a system that allows for the linking of such compilations held by others and facilitates access to such compilations.

(a) to store, or provide a link between, information on organ donors from participating provinces; as

b) to maintain the information in a form in which it may be provided quickly to persons authorized by a participating province to receive it for the purposes of identifying individuals who have consented or who may consent to be organ donors;

(c) to maintain the information in confidence, subject only to its release for the fulfilment of the purpose described in paragraph (b);

(a) to ensure that as many of the provinces as possible become participating provinces;

(b) to ensure that the legislation that provides for donation of organs in a province that wishes to be a participating province is compatible with the provisions of subsection 7(1); and

(c) to secure a sufficient degree of compatibility between the provincial legislation of participating provinces that provides for

(i) donation of organs and the promotion of organ donation,

(ii) notification of the appropriate agency of the death or imminent death of a person who is or may become an organ donor,

(iii) procedures to be established to assess the medical suitability of organ donors for transfer,

(iv) the training of hospital staff who may have to approach families of patients for consent to the donation of an organ, and

(iv) the keeping of records and production of statistics,

(a) makes provision for consent for organ donation and refusal to donate any or specified organs, in writing

(i) by the donor or on the donor's incapacity or death by a person specified to consent on the donor's behalf to a donation,

(ii) in the case of a person who is a minor, by the donor and the donor's parents or other person specified by the laws of the province as the person to give such consent;

(b) specifies whether and how a donation is revocable and states whether or not the donor's next of kin have the right to revoke a prior agreement to donate made by a deceased person;

(c) specifies the procedure by which a determination of death of a donor prior to removal of an organ must be made;

(d) allows for the sharing with other jurisdictions of information on individuals intent to be an organ donor or not; and

(e) specifies how organ donation is to be managed within the province, either by

(i) the establishment of a body, or

(ii) the appointment or recognition of a governmental or non-governmental organization

(a) information on organ donors residing in the participating province to be provided to the Registry and made available to other participating provinces;

(b) information on organ donors from other participating provinces to be provided to the participating province to assist it to identify organ donors;

(c) the information in the Register to be kept confidential except as necessary to fulfil the objects of the Register; and

(d) the promotion of organ donation throughout Canada through the development of a national public education campaign on organ donation that includes clear information on the issue of the establishment of death before organ removal.