Human Tissue and Organ Donation Act

In Alberta the debate around organ and tissue donation has been focused on making changes to hospital procedure and policy, and the model of consent to increase organ donation rates. When the sale of organs has arisen in debate the sentiment towards the idea can generally be summed up by the a statement made by Mr. Blakeman in 1998:

We have a long tradition in Canada of donating when we're involved with human life and health, and I think it's really important that we continue that practice. We donate organs in Canada; we don't sell them. I think in countries where that's happened, it does lead to – someone else mentioned black-marketeering and stealing of organs from people. I think because we've always had a tradition of donating blood and organs, it shows the generosity of the Canadian spirit, and I hope we're able to keep that up.[i]

In 2006, Alberta’s Human Tissue and Organ Donation Act was amended to include the new exclusion of zygotes, oocytes, embryos, sperm, semen and ova, as well as “by-products that are used for a purpose other than transplantation”. There does not appear to have been debate as to the rationale for the change of excluded tissues.[ii] In addition, due to the wording of the amendment, it is clear, that the “Act does not apply” to those excluded tissues, meaning that the prohibition on sale would not apply. Thus, those excluded tissues could theoretically be sold in Alberta.

Voluntary Blood Donations Act (and its Repeal)

Due to the lack of prohibitions on sale, in 2017 discussion of creating legislation to prevent companies from establishing paid plasma donation clinics began. Those in favour of implementing such legislation argued that preventing the sale of plasma was consistent with the Krever Report findings. Other points raised by those in favour of the legislation were that there was no guarantee that private clinics would keep the supply of plasma in Alberta or Canada where it is needed, and that allowing paid plasma clinics would decrease the number of voluntary blood donors (as seen in Saskatchewan). Those who opposed the legislation argued that both paid plasma clinics and voluntary blood donation clinics could co-exist as seen in many other jurisdictions (like Manitoba); that the reduction in blood donors arguably has more to do with reduced number of clinics and hours, not paid plasma donation; that the Krever Report is outdated and should not be relied upon; and that promoting the biomedical industry is better for the economy in Canada and will provide jobs. [iii] In the end, Alberta’s Voluntary Blood Donations Act received Royal Assent in March 2017.

In December 2020, the Voluntary Blood Donations Act was appealed via a Private Members Bill to that effect. With the support of the United Conservative Party of Canada, the repeal allowed for private pay-for-plasma collection centres to be established, and there are now plasma centres operating in Edmonton and Calgary.

References

[i] Legislative Assembly of Alberta, Alberta Hansard, “Bill 206, Human Tissue Donation Procedures Statutes Amendment Act, 1998”, 2nd Reading, 24:2 (25 February 1998) at 568 (Ms Blakeman).

[ii] Legislative Assembly of Alberta, Alberta Hansard, “Bill 201, Human Tissue Gift Amendment Act, 2006”, 2nd Reading, 26:2 (3 April 2006) at 649.

[iii] See Legislative Assembly of Alberta, Alberta Hansard, “Bill 3, Voluntary Blood Donations Act”, 1st Reading, 29:3 (13 March 2017) at 208; Legislative Assembly of Alberta, Alberta Hansard, “Bill 3, Voluntary Blood Donations Act”, 2nd Reading, 29:3 (21 March 2017) at 394.