Legal framework

Organ and tissue donation is governed by sections 43, 44 and 45 of the Civil Code of Québec, which sets out the obligations surrounding the expression of consent and certain procedures associated with organ and tissue donation.

The Civil Code of Québec states, for instance, that the donation process cannot start before the death of the donor is attested by two doctors who do not participate either in the removal or in the transplantation. In addition, it obliges the family to follow the deceased person’s wishes. It also prohibits the sale or purchase of human organs or tissues.

Section 204.1 of the Act respecting health services and social services also provides a framework for organ and tissue donation for health professionals in accordance with an established procedure.

The Act respecting Héma-Québec and the Biovigilance Committee provides a legal framework for Héma-Québec’s activities, including its mandate relating to human tissue.

Transplant Québec provides a link between the allocation of donor organs and the transplantation needs of recipients by coordinating the management of the single waiting list.