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“Point in Time” Act Content

HUMAN TISSUE GIFT ACT

[RSBC 1996] CHAPTER 211

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
5March 18, 2013
 March 30, 2023
6September 26, 2007
 June 17, 2024
7June 17, 2024
15May 14, 2004

  Section 5 (1) (c) and (d) BEFORE amended by 2011-25-366, effective March 18, 2013 (BC Reg 131/2012).

(c) if none or if none is readily available, either of the person's parents,

(d) if none or if neither is readily available, any one of the person's brothers or sisters who has attained the age of majority,

  Section 5 (1) (d) BEFORE amended by 2023-10-313, effective March 30, 2023 (Royal Assent).

(d) if none or if none is readily available, any one of the person's brothers or sisters who has attained the age of majority,

  Section 6 BEFORE amended by 2007-15-79, effective September 26, 2007 (BC Reg 298/2007).

6  If, in the opinion of a medical practitioner, the death of a person is imminent by reason of injury or disease and the medical practitioner has reason to believe that section 9 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, even though that death has not yet occurred, may give directions the medical practitioner thinks proper for the removal of that tissue after the death of the person, and every direction given has the same effect as if it had been made after death under section 38 (3) of the Coroners Act.

  Section 6 BEFORE amended by 2023-16-9, effective June 17, 2024 (BC Reg 143/2024).

Coroner's direction

6   If, in the opinion of a medical practitioner, the death of a person is imminent by reason of injury or disease and the medical practitioner has reason to believe that section 2, 3 or 4 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, even though that death has not yet occurred, may give directions the medical practitioner thinks proper for the removal of that tissue after the death of the person, and every direction given has the same effect as if it had been made after death under section 13 of the Coroners Act.

  Section 7 BEFORE amended by 2023-16-9,10, effective June 17, 2024 (BC Reg 143/2024).

Determination of death

7   (1) For a post mortem transplant, the fact of death must be determined by at least 2 medical practitioners in accordance with accepted medical practice.

(2) A medical practitioner who has had any association with the proposed recipient of the post mortem transplant that might influence the medical practitioner's judgment must not take any part in the determination of the fact of death of the donor.

(3) A medical practitioner who took any part in the determination of the fact of death of the donor must not participate in any way in the transplant procedures.

(4) Nothing in this section in any way applies to a medical practitioner in the removal of eyes for cornea transplants.

  Section 15 (2) (c) BEFORE amended by 2002-75-50(b), effective May 14, 2004 (BC Reg 217/2004).

(c) a community care facility as defined in section 1 of the Community Care Facility Act, or