Overview
The 1971 Uniform Human Tissue Legislation, introduced by the Uniform Law Conference of Canada (ULCC), has been implemented in eight jurisdictions, with slight variations in each. The 1989 legislation–which updated and refined the 1971 version–was not adopted as widely with provinces and territories including British Columbia, Newfoundland and Labrador, Yukon, and New Brunswick not adopting the new uniform act. Notably, in both acts, there is an explicit exclusion of blood and blood constituents from the prohibition on sale, leaving the possibility open for these tissues to be commodified.
In response, some provinces, such as Ontario and British Columbia, have enacted Voluntary Blood Donation Acts to explicitly prohibit the sale of blood and blood constituents. Alberta did enact similar legislation which has since been rescinded. Other provinces have not legislated on the matter. As a result, in Alberta, Saskatchewan, New Brunswick, Manitoba, and Nova Scotia, pay-for-plasma clinics are legally operating. The table below outlines the legislative and regulatory stances of each province and the outcome of such legislation and regulation.
| Province | Relevant Legislation | Outcome |
|---|---|---|
| British Columbia | Human Tissue Gift Act (1972) prohibits the sale of body parts (i.e., organs and tissues) however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated --- Voluntary Blood Donation Act (2018) prohibits the sale of any body part (including blood and other tissues replaceable by natural process of repair) in British Columbia --- to date legislation in British Columbia actively prohibits pay-for-plasma clinics from opening with an exemption for Canadian Blood Services and their agents | Does not allow pay for plasma — The province prohibits pay-for-plasma clinics; however, utilizing the exemption in the Voluntary Blood Donation Act, Grifols (agent of Canadian Blood Services) could potentially open pay-for-plasma clinics, though no plans to open clinics as of now. |
| Alberta | Human Tissue Gift Act (2000) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated — Human Tissue and Organ Donation Act (2006) added an 'act does not apply' section for blood, blood constituents, and zygotes, oocytes, embryos, sperm, semen, and ova — Voluntary Blood Donation Act (2017) prohibited the sale of blood, not allowing pay for plasma clinics includes exemption for Canadian Blood Services and their agents — Bill 204: repealed the Voluntary Blood Donation Act (2020) which removed the prohibition on selling blood, allowing pay-for-plasma clinics — to date there is no legislation banning the sale of blood or prohibiting private clinics | Allows pay for plasma — Pay-for-plasma clinics are operating in Red Deer, Calgary and two clinics are operating in Edmonton. |
| Saskatchewan | Human Tissue Gift Act (1974) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated — The Human Tissue Gift Act (2015) added a "tissue does not include" section (skin, bone, tendon, blood, blood constituent, regenerative tissues, and spermatozoa, ova, embryos, and fetuses) — to date no legislation exists banning the sale of blood or prohibiting private clinics | Allows pay for plasma — Pay-for-plasma clinics are operating in Saskatoon and Regina. |
| Manitoba | The Human Tissue Gift Act (1987) & (2004) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated, exception to expenses section added to the prohibition on sale and exceptions section allowing reimbursement to donors — to date no legislation banning the sale of blood or prohibiting private clinics exists in Manitoba | Allows pay for plasma — Pay-for-plasma clinics are operating in Winnipeg. |
| Ontario | Human Tissue Gift Act (1971) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated — Trillium Gift of Life Network Act (1971) & (2000) prohibits the sale of body parts (i.e., organs and tissues) and excludes blood and blood constituents from prohibition on sale, leaving the sale and donation of blood unregulated — Voluntary Blood Donation Act (2014) prohibits the sale of blood, not allowing pay for plasma clinics but has an exemption for Canadian Blood Services and their agents — to date existing legislation actively prohibits pay-for-plasma clinics from opening (aside from the exemption for Canadian Blood Services) | Does not allow pay for plasma — Prohibits pay-for-plasma; however, utilizing the exemption in the Voluntary Blood Donation Act, pay-for-plasma clinics owned by Grifols (who is acting as an agent for Canadian Blood Services) are set to open in 2024/2025. |
| Nova Scotia | Human Tissue and Gift Act (1973) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from the prohibition on sale, leaving the sale and donation of blood unregulated — Human Organ and Tissue Donation Act (2010) & (2019) added an 'act does not apply' section for blood, blood constituents, and other reproductive tissues allowing for the possibility for the commodification of these tissues — to date there is no legislation banning the sale of blood or prohibiting private clinics | Allows pay for plasma — A pay-for-plasma clinic is open in Halifax. |
| Prince Edward Island | Human Tissue Gift Act (1988) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from prohibition on sale, leaving the sale and donation of blood unregulated — Human Tissue Donation Act (1992) removes the prohibition on sale for blood and blood constituents - but adds provision that states tissue does not mean "blood, or blood constituents" allowing for the possibility for the commodification of these tissues — to date there is no legislation banning the sale of blood or prohibiting pay-for-plasma clinics | No pay-for-plasma clinics currently operate in Prince Edward Island — however, there is no legislation prohibiting the sale of blood and blood constituents, leaving the door open for pay-for-plasma clinics to potentially operate. |
| New Brunswick | Human Tissue Gift Act (1973) (2004) prohibits the sale of body parts (i.e., organs and tissues) however it excludes blood and blood constituents from prohibition on sale, leaving the sale and donation of blood unregulated — to date no legislation banning the sale of blood or prohibiting pay-for-plasma clinics exists in New Brunswick. | Allows pay for plasma — Pay-for-plasma clinics are operating in Moncton, Saint John and Fredericton. |
| Newfoundland and Labrador | Human Tissue Gift Act (1971) prohibits the sale of body parts (ie. organs and tissues), however it excludes blood and blood constituents from prohibition on sale, leaving sale and donation of blood unregulated— to date no legislation banning the sale of blood or prohibiting private clinics | No pay-for-plasma clinics currently operate in Newfoundland and Labrador— however, there is no legislation prohibiting the sale of blood and blood constituents, leaving the door open for pay-for-plasma clinics to potentially operate. | .
| Yukon | Human Tissue Act (1971) prohibits the sale of body parts (i.e., organs and tissues) however it excludes blood and blood constituents from prohibition on sale, leaving sale and donation of blood unregulated — to date no legislation banning the sale of blood or prohibiting private clinics exists in Yukon | No pay for plasma clinics currently operate in Yukon — however, there is no legislation prohibiting the sale of blood and blood constituents, leaving the door open for profit clinics to potentially operate. |
| Northwest Territories | Human Tissue Act (2014) prohibits the sale of body parts (i.e., organs and tissues), however it excludes blood and blood constituents from prohibition on sale, leaving sale and donation of blood unregulated — to date no legislation banning the sale of blood or prohibiting private clinics exists in the Northwest Territories | No pay-for-plasma clinics currently operate in the Northwest Territories — however, there is no legislation prohibiting the sale of blood and blood constituents, leaving the door open for profit clinics to potentially operate. |