1The following definitions apply in this Act.
“best interests” includes consideration of the physical, psychological, emotional and social well-being of the living potential donor.(intérêt supérieur)
“capacity” means the ability to understand the information that is relevant to a decision to be made and the ability to appreciate the reasonably foreseeable consequences of a decision or lack of a decision.(capacité)
“Chief Coroner” means the Chief Coroner appointed under the Coroners Act.(coroner en chef)
“continuing-care home” means any facility licensed under the Nursing Homes Act, the Family Services Act or the Child and Youth Well-Being Act, any facility for which a resident may be approved for admission by the Department of Health or the Department of Social Development and any facility prescribed by the regulations.(foyer de soins de longue durée)
“court” means The Court of King’s Bench of New Brunswick.(court)
“critical functions” means
(fonctions vitales)
“death” means the irreversible cessation of the functioning of the organism as a whole as determined by
(décès)
(a)
the irreversible loss of the brain’s ability to control and co-ordinate the organism’s critical functions, or
(b)
the irreversible cessation of cardiorespiratory function.
“donation after death” means a donation of any human organ, tissue or body after death in accordance with this Act.(don après décès)
“donor” means an individual who has consented, is deemed to have consented or in respect of whom a consent has been given to donate the individual’s organs, tissue or body for transplantation, scientific research or education.(donneur)
“guardian” means a guardian as defined in the Child and Youth Well-Being Act.(tuteur)
“irreversible” means not physically possible to reverse without violating consent law.(irréversible)
“living donation” means a donation of organs or tissues in accordance with this Act while the donor is living.(don de vif à vif)
“medicare number” means medicare number as defined in the Medical Services Payment Act.(numéro d’assurance-maladie)
“Minister” means the Minister of Health and includes a person designated by the Minister to act on the Minister’s behalf.(ministre)
“organ” means an organ, whether whole or in sections, lobes or parts.(organe)
“organ-donation program” means an organ-donation program operated by a regional health authority or another prescribed entity.(programme de don d’organes)
“physician” means a duly qualified medical practitioner.(médecin)
“pre-death transplantation optimizing interventions” means interventions that are performed on a person before the person’s death for the purpose of optimizing the chances of a successful transplantation.(intervention préalable au décès)
“regional health authority” means a regional health authority as defined in the Regional Health Authorities Act.(régie régionale de la santé)
“Registry” means the Registry established under section 6.(registre)
“spouse” of an individual means
(conjoint)
(a)
another individual who is cohabiting with that individual in a conjugal relationship as a married spouse, or
(b)
an individual who is cohabiting with the individual in a conjugal relationship for a period of at least one year as common-law partners.
“substitute decision-maker” means a substitute decision-maker as determined under section 5.(mandataire spécial)
“tissue” means a functional group of human cells, excluding organs.(tissu)
“tissue bank” means a tissue bank operated by a regional health authority or another prescribed entity.(banque de tissus)
“transplantation” means the operation of transferring organs or tissues from a donor, whether living or dead, to a living human recipient.(transplantation)
“transplantation activities” means
(activité de transplantation)
(a)
the storage or transportation of the body of a deceased person for use in transplantation,
(b)
the removal from the body of a deceased person, for use for the purpose of transplantation, of organs and tissues of which the body consists or that it contains,
(c)
the storage or transportation, for the purpose of transplantation, of organs and tissues that have come from a human body, or
(d)
the use, for the purpose of transplantation, of organs and tissues that have come from a human body.