Human Organ and Tissue Donation Act

Nova Scotia adopted the 1971 Uniform Human Tissue Gift Act in 1973, making only minor amendments throughout the years, with a focus on the need to increase the organ donation rate through discussion around consent and hospital policies.[i]

Nova Scotia amended their tissue exemptions in 2010, but did not discuss the addition of zygotes, oocytes, embryos, sperm, semen or ova. Similar to Alberta, the section makes it clear that the “Act does not apply” to the exempted tissues. Thus, the prohibition on sale found in the Human Organ and Tissue Donation Act does not apply to the exempted tissue.

Voluntary Blood Donation Act & Pay-for-Plasma Clinic

From 2016 to 2018 a private members bill was presented three times proposing the creation of a Voluntary Blood Donations Act, however the legislation has not yet been passed.[ii] In 2024, in the absence of a Voluntary Blood Donations Act, a pay-for-plasma clinic was able to open in Halifax.

Pioneering Presumed Consent Laws

In 2021, Nova Scotia became the first jurisdiction in North America to implement an opt-out system for organ donation. Traditionally, organ donation has been administered through an opt-in system, meaning potential donors or their power of attorney, would have to give explicit consent to donate organs after death. However, under Nova Scotia's system and in an attempt to increase rates of organ donation, individuals are presumed to be organ donors unless they explicitly opt-out.

References

[i] Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 184, Human Tissue Gift Act”, 55:2 (27 June 1991) at 7529; Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 121, Human Organ and Tissue Donation Act”, 2nd reading, 61:2 (09 December 2010) at 4937.

[ii] Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 43, Voluntary Blood Donations Act”, 2nd reading, 62:2 (20 April 2016) at 7943; Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 12, Voluntary Donations Act”, 1st reading, 62:3 (14 October 2016) at 33; Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 37, Voluntary Blood Donations Act”, 1st reading, 63:1 (10 October 2017) at 943; Legislative Assembly of Nova Scotia, Debates and Proceedings, “Bill 100, Voluntary Blood Donations Act”, 2nd reading, 63:2 (07 March 2019) at 1913.