Acts and Regulations

2011, c.110 - Anatomy Act

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Current to 1 January 2024
2011, c.110
Anatomy Act
Deposited May 13, 2011
Definitions
1The following definitions apply in this Act.
“death notice” means a notice sent to the inspector under section 3. (avis de décès)
“inspector” means the inspector of anatomy appointed under section 2. (inspecteur)
“Minister” means the Minister of Health. (ministre)
“school” means a medical school or other institution designated under section 2 as a school to receive bodies under this Act. (école)
R.S.1973, c.A-8, s.1; 1986, c.8, s.8; 2000, c.26, s.18; 2006, c.16, s.10
Designation of schools
2(1)The Lieutenant-Governor in Council may designate a medical school or other institution as a school to receive bodies under this Act, if the medical school or other institution
(a) admits students from this Province for the purpose of attending courses in anatomical or pathological science, and
(b) expresses a willingness to enter into an agreement with the Minister by which it agrees to
(i) pay all expenses in connection with the removal, delivery and burial of any body coming into its possession under this Act,
(ii) pay the inspector the remuneration for his or her services that the Minister determines, and
(iii) comply with this Act and any other terms and conditions that the Minister considers expedient.
2(2)When a designation is made under subsection (1), the Lieutenant-Governor in Council may also
(a) authorize the Minister to execute an agreement referred to in paragraph (1)(b), and
(b) appoint an inspector of anatomy for the purposes of this Act.
R.S.1973, c.A-8, s.11
Death notice
3(1)Subject to subsection (3), when the body of a dead person, on which a coroner considers no further inquiry or examination is necessary, is found publicly exposed, the coroner for the district in which the body is found shall send to the inspector a death notice in writing setting out as far as possible the name, age, sex, marital status, religion and nationality of the deceased and the date and cause of death.
3(2)Subject to subsection (3), when the body of a dead person, who immediately before death was maintained in and by a public institution, is to be buried at the public expense, the person in charge of that public institution shall send to the inspector a death notice in writing setting out as far as possible the name, age, sex, marital status, religion and nationality of the deceased and the date and cause of death.
3(3)Subsections (1) and (2) do not apply if, within 48 hours after the date of death, a relative or friend of the deceased claims the body for burial.
R.S.1973, c.A-8, s.2
Disposal of body
4When the inspector receives a death notice, the inspector shall,
(a) if the body is required at the school, immediately instruct an undertaker to take charge of the body, or
(b) if the body is not required at the school, immediately notify the person from whom the inspector received the death notice to cause the body to be disposed of as in cases which do not come under this Act.
R.S.1973, c.A-8, s.3
Duties of inspector
5The inspector
(a) shall enter in a register kept by the inspector for the purpose
(i) the particulars contained in each death notice, and
(ii) the particulars sent to the inspector under paragraph 8(e) relating to the receipt and disposal of the body, and
(b) shall preserve all bonds, certificates and other papers which come into his or her possession in connection with his or her office.
R.S.1973, c.A-8, s.6
Duties of undertaker
6When the undertaker takes charge of the body under instructions given under paragraph 4(a), the undertaker shall
(a) prepare the body for shipment in the manner that the inspector directs, and
(b) ship the body to the school by the means that the inspector directs.
R.S.1973, c.A-8, s.4
Receipt of body
7When the body is received at the school, the inspector
(a) shall send a receipt for the body to the person from whom the death notice was received, and
(b) shall send two copies of the death notice to the school.
R.S.1973, c.A-8, s.5
Duties of school
8The school
(a) by its President and Business Manager, shall give to the inspector a bond with two sureties in the penal sum of $100 for each body received by it under this Act for the purpose of ensuring
(i) that the body will be used only for the promotion of anatomical or pathological science,
(ii) that proper attention will be given for the preservation of the remains, and
(iii) that the remains, after being used in accordance with subparagraph (i), will be decently buried in a cemetery or cremated, in accordance with the religious faith of the deceased;
(b) shall keep and preserve any body received under this Act for at least 14 days;
(c) if a relative or friend claims the body within the time referred to in paragraph (b), shall deliver the body to the relative or friend on receipt of $50 for the reasonable costs and charges incurred in preserving and keeping the body;
(d) shall enter in a register kept by the school for the purpose
(i) the particulars contained in each death notice sent to it under section 7,
(ii) the date each body was received by the school,
(iii) the date each body was delivered for burial, and
(iv) the name and description of the cemetery in which the body was buried; and
(e) shall return one copy of the death notice to the inspector, together with any other information that is entered in its register under paragraph (d) relating to the receipt and disposal of the body.
R.S.1973, c.A-8, s.7; 1976, c.4, s.1
Inspection by Minister
9The Minister may cause to be inspected at the times and in the manner that the Minister considers fit
(a) the anatomy rooms of the school,
(b) the methods used by the school for preserving bodies,
(c) the register kept by the school under section 8, and
(d) the register, bonds, certificates and other papers which come into possession of the inspector under this Act.
R.S.1973, c.A-8, s.10
Certificate of medical practitioner or coroner
10No person shall accept for shipment or ship a dead body that is within the scope of this Act from any place within this Province to any place outside the Province unless a certificate of a medical practitioner or a coroner has been obtained certifying
(a) that the cause of death has been definitely ascertained, and
(b) that there exists no other cause for inquiry or examination.
R.S.1973, c.A-8, s.8
Offences and penalties
11(1)A person who knowingly violates or fails to comply with paragraph 8(a) or (e) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category B offence.
11(2)A person who knowingly violates or fails to comply with paragraph 8(d) commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category C offence.
11(3)A person who knowingly violates or fails to comply with section 6, paragraph 8(b) or (c) or section 10 commits an offence punishable under Part 2 of the Provincial Offences Procedure Act as a category E offence.
R.S.1973, c.A-8, s.9; 1990, c.61, s.6
N.B. This Act was proclaimed and came into force September 1, 2011.
N.B. This Act is consolidated to September 1, 2011.