Acts and Regulations

2014, c.113 - Human Tissue Gift Act

Section 5
Disposition versions

Full text
Consent by others for use of body after death
5(1)If a person of any age who has not given a consent under section 4 dies or, in the opinion of a medical practitioner, is incapable of giving a consent by reason of injury or disease and the person’s death is imminent, the following persons may consent in writing, or orally in the presence of at least two witnesses, to the use of the body of the person or any specified part or parts of the body after death for therapeutic purposes, or for the purposes of medical education or scientific research:
(a) the person’s spouse or common-law partner;
(b) if there is no spouse or common-law partner, or if the spouse or common-law partner is not readily available, any one of the person’s children who has attained the age of 19 years;
(c) if there are no children, or if none of the children is readily available, either one of the person’s parents;
(d) if there are no parents, or if no parent is readily available, any one of the person’s brothers or sisters;
(e) if there are no brothers or sisters, or none of the brothers or sisters is readily available, any other of the person’s next of kin who has attained the age of 19 years; or
(f) if there is no next of kin, or if no next of kin is readily available, the person lawfully in possession of the body other than, if the person died in hospital, the regional health authority.
5(2)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 the giving of the consent.
5(3)On the death of a person in respect of whom a consent was given under this section, the consent is binding and is full authority for the use of the person’s body or for the removal and use of the specified part or parts of the body for the purposes specified, except that no person shall act on a consent given under this section if the person
(a) has knowledge of an objection by the deceased person,
(b) has knowledge of an objection by a person of the same or closer relationship to the deceased person than the person who gave consent, or
(c) has reason to believe that an inquest may be required to be held into the death of the deceased person, unless a coroner gives a direction under section 6.
2004, c.H-12.5, s.5