The Anatomy Act

The Anatomy Act, C.C.S.M. c. A80 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Provincial divisions 3 Inspectors and employees 4 Who may claim dead bodies 5 Claim of body 6 Delivery of body to university 7 Post-mortem, anatomical studies 8 Fees payable to inspector 9 Fees payable to authorized person 10 Body to be held 28 days 11 Claim after delivery or use for anatomical study 12 Burial after anatomical studies 13 Possession for anatomical studies 14 Anatomical studies outside province 15 Notice to relatives after death in hospital or institution 16 Death in hospital or institution 17 Sub-inspector to hold body subject to directions of inspector 18 Notice to university re section 16 19 Delivery of body to university 20 Burial of unclaimed bodies 21 Receipt for body delivered 22 Inspector to file certificate 23 Annual report of inspector 24 Regulations 25 Offence and penalty 26 Human Tissue Gift Act HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: Definitions 1 In this Act, "authorized person" means The University of Manitoba, or any other institution, duly qualified medical practitioner or licensed dentist, authorized to receive delivery of the body of a dead person under this Act; (« personne autorisée ») "burial" includes cremation; (« inhumation ») "common-law partner" of a deceased person means (a) a person who, with the deceased person, registered a common-law relationship under section 13.1 of The Vital Statistics Act , and who was cohabiting with the deceased person immediately before the death of the deceased person, or (b) a person who, not having been married to the deceased person, cohabited with the deceased person in a conjugal relationship (i) for a period of at least one year immediately before the death of the deceased person, or (ii) for a period of less than one year immediately before the death of the deceased person, and they are together the parents of a child; (« conjoint de fait ») "inspector" means the Inspector of Anatomy appointed under this Act; (« inspecteur ») "minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre ») "preferred claimant" means, with respect to a deceased person, (a) a spouse, unless there is a common-law partner, (b) a common-law partner, or (c) if there is no spouse or common-law partner, or if the spouse or common-law partner is unavailable, a parent, child, brother, sister, grandparent, grandchild, uncle, aunt, nephew, niece, first cousin, step-father, step-mother, step-child, step-brother, step-sister, father-in-law, mother-in-law, brother-in-law or sister-in-law — any such kindred of the half-blood ranking equally with those of the whole-blood — or the person named by the deceased as executor of the deceased's will, or a representative of Last Post Fund incorporated under the laws of Canada; (« réclamant privilégié ») "sub-inspector" means any sub-inspector of anatomy appointed under this Act; (« sous-inspecteur ») "university" means The University of Manitoba, represented by the Department of Anatomy of the Faculty of Medicine thereof or by the Department of Anatomy of the Faculty of Dentistry thereof. (« université ») S.M. 2002, c. 24, s. 3 ; S.M. 2002, c. 48, s. 1 ; S.M. 2005, c. 52, s. 46 . Provincial divisions 2 The Lieutenant Governor in Council may divide the province into one or more divisions or sections for the purpose of this Act. Appointment of inspectors 3(1) The Lieutenant Governor in Council may appoint an Inspector of Anatomy and one or more sub-inspectors, together with such other officers, clerks, and employees, as may be required to carry out this Act. Medical practitioners etc., not to be appointed 3(2) No person who is a medical practitioner or a licensed dentist or who is in any way directly connected with the university, other than a medical examiner or chief medical examiner appointed under The Fatality Inquiries Act or a medical officer or dental officer employed by the government, shall be appointed as inspector or as a sub-inspector. S.M. 2005, c. 52, s. 46 . Bodies unclaimed for 48 hours 4(1) The body of any person which remains unclaimed by a preferred claimant, for a period of 48 hours after the death of that person shall, at the expiration of that period, be under the control of the inspector or of the sub-inspector of the division or section within which death occurred. Claim by preferred claimant 4(2) Any person who is a preferred claimant in respect of the body of a dead person may at any time claim the body from the inspector or a sub-inspector or an authorized person; and, on such a claim being made, the inspector or sub-inspector or the authorized person shall forthwith deliver the body to the preferred claimant. Rights of preferred claimant 4(3) Nothing in this Act prohibits or prevents a person who is a preferred claimant in respect of the body of a dead person (a) remaining in possession of the body, either by the person or the person's duly authorized agent, when that possession has been lawfully acquired; or (b) taking possession of the body at any time before it has come into the possession or control of the inspector or a sub-inspector. Exception 4(4) Where under the authority of subsection 3(1) of The Human Tissue Gift Act the inspector proposes to make a direction for the use of the whole body or tissue from the body of a deceased person for therapeutic purposes as defined in that Act, and the inspector is satisfied that the deceased person is not survived by any preferred claimant or other person entitled to claim the body under this Act, the inspector may make the direction and the direction may be acted upon without waiting for the expiration of the period of 48 hours referred to in subsection (1) and notwithstanding any other provision of this Act to the contrary. R.S.M. 1987 Supp., c. 1, s. 1 ; S.M. 2005, c. 42, s. 1 . Persons entitled to claim 5(1) Subject to this Act, any person who is a preferred claimant or other relative or bona fide friend of the deceased, and no other person, shall be entitled to claim the body of a dead person at any time after it has come into the possession or under the control of the inspector or a sub-inspector. Acceptance or postponement of claim 5(2) Subject to section 4, the inspector or sub-inspector may accept or postpone a claim. Right of appeal 5(3) Where the authorized person or a claimant is dissatisfied with the order or ruling of the inspector or sub-inspector, if the person or claimant has given to the inspector or sub-inspector notice of the person's or claimant's intention so to do, the person or claimant may, within two days from the date of the order or ruling, apply to a provincial judge for an order directing delivery of the body to the applicant; and the provincial judge, if he is satisfied that the claim is justified, may, in the provincial judge's discretion, direct that the body be delivered to the applicant, subject to such conditions as the provincial judge may impose. Waiver of claim 5(4) Any person entitled to claim a body may present to the inspector or sub-inspector a duly signed and witnessed waiver or renunciation of the person's claim; and the body shall thereafter be deemed to be unclaimed. 5(5) to (7) [Repealed] R.S.M. 1987 Supp., c. 1, s. 2 . Making of claim 5(8) A person claiming a body may make the claim personally or through the person's duly authorized agent. Burial of claimed body 5(9) A person who claims and receives a body under this section is responsible for the proper burial thereof and shall pay, or cause to be paid, the cost of that burial. R.S.M. 1987 Supp., c. 1, s. 2 . Body to be delivered to university 6(1) Where the body of a dead person that is under the control of the inspector or a sub-inspector remains unclaimed for a period of 24 hours after coming under that control, the inspector or sub-inspector shall, if so required, deliver the body to the university for the purposes of anatomical or other scientific instruction or requirements. Disposal of body not required by university 6(2) Where such a body is not required by the university, the inspector or sub-inspector shall dispose of it (a) by delivery thereof to another institution or to a duly qualified medical practitioner or a licensed dentist, in accordance with, and as may be prescribed by, the regulations; or (b) in such other manner as may be prescribed in the regulations. S.M. 2005, c. 52, s. 46 . When post-mortem prohibited 7(1) No person shall perform an autopsy or post-mortem upon a body to which subsection 4(1) refers, unless authorized in writing to do so by the medical examiner or chief medical examiner appointed under The Fatality Inquiries Act . Possession for anatomical studies 7(2) Members of the staff and medical students or dental students of the university, with the approval of the physician or pathologist performing a medico-legal autopsy, if authorized by the medical examiner in charge of the body, or the chief medical examiner, may obtain therefrom such material in the recent state as they require for anatomical or other scientific instruction or requirements. Limitation on embalming 7(3) Notwithstanding section 10, no person shall embalm a body to which subsection 4(1) refers and that has not been delivered to an authorized person, or in respect of which a waiver has been given under subsection 5(4) unless authorized in writing to do so by the medical examiner or chief medical examiner appointed under The Fatality Inquiries Act , the inspector, or a sub-inspector. Authority of medical examiner 7(4) Nothing in this Act abridges or curtails the powers or authority of the medical examiner or chief medical examiner appointed under The Fatality Inquiries Act . R.S.M. 1987 Supp., c. 1, s. 3 . Fees payable to inspector 8 Any person claiming and receiving a body after control thereof has passed to the inspector or a sub-inspector shall pay to the inspector or sub-inspector the fee prescribed in the regulations, together with the amount of the expenses incurred by the inspector or sub-inspector with respect to the body. Fees payable to authorized person 9 An authorized person to whom a body is delivered under this Act shall pay to the inspector or sub-inspector having control of the body, the fee prescribed in the regulations, together with the amount of the expenses incurred by the inspector or sub-inspector with respect to the body. Bodies to be held 28 days 10 An authorized person to whom a body is delivered under this Act, may embalm the body upon receipt thereof; but the person shall keep and preserve the body otherwise intact for a period of not less than 28 days. Claim subsequent to delivery to authorized person 11(1) A body in the possession of an authorized person to whom the body has been delivered under this Act may be claimed by any person entitled to claim it; and, if the claim is accepted by the inspector or the sub-inspector of the division or section within which death occurred, the body shall be delivered to the claimant upon payment of the amount of all expenses incurred by the authorized person with respect to the body. Claims subsequent to use of body for anatomical studies 11(2) Where a body claimed under subsection (1) has been used for purposes of anatomical or other scientific instruction or requirements, the claimant shall accept the body in the state in which it exists at the time of delivery. Burial after anatomical studies 12 An authorized person to whom a body has been delivered under this Act shall cause the remains of the body, after scientific or instructional requirements have been fulfilled, to be properly buried, or may deliver it to any person for that purpose. Possession of body for anatomical studies 13 With the approval of the person in charge of the Department of Anatomy of the Faculty of Medicine or the Department of Anatomy of the Faculty of Dentistry of the university to whom the body has been delivered (a) a member of the staff or a duly qualified medical student or dental student of the university; or (b) a duly qualified medical practitioner or a licensed dentist; or (c) any other person or institution, carrying on anatomical or scientific study, research, inquiry, or teaching; may have the body or parts thereof in their or its possession for anatomical or other scientific instruction or requirements. S.M. 2005, c. 52, s. 46 . 14(1) [Repealed] R.S.M. 1987 Supp., c. 1, s. 4 . Authorization of the minister 14(2) No person shall take or send, or employ, authorize, cause, or permit, any other person to take or send, the body of a dead person obtained by the person under this Act, or any part thereof, out of the province for anatomical or other scientific instruction or requirements, unless authorized in writing to do so by the minister. R.S.M. 1987 Supp., c. 1, s. 4 . Notice to relatives 15 Every superintendent or other head of any hospital or other institution, following the death of any person in the hospital or institution, shall immediately and diligently endeavour to find a preferred claimant therefor, and shall immediately give or send a notice of the death to any such preferred claimant so found. Death of a person in an institution 16(1) Where a body (a) is that of a person who dies, or is found dead, in a hospital or other institution; or (b) is under the charge or control of an undertaker, medical examiner, physician, or other person; if (c) the body is not claimed immediately by a preferred claimant; or (d) the superintendent or other head of the hospital or institution, or the person in charge or control of the body as aforesaid, is of the opinion that the body will not be so claimed; the superintendent or other head, or the person in such charge or control, shall immediately give notice of the death to the inspector, or to the sub-inspector of the division or section in which the death occurred; and shall, within 24 hours after the death, send by mail or deliver a written notice thereof, signed by the superintendent, head or person, to the inspector or sub-inspector. Contents of notice 16(2) A written notice given to the inspector or to a sub-inspector under subsection (1) shall set forth, so far as known to the person giving the notice, the name in full, sex, age, marital status, religion, birthplace, nationality, occupation, place and date of death, and the disease or other cause of death, of the deceased. Notice from sub-inspector to inspector 16(3) Where a notice is received by a sub-inspector under this section they shall immediately forward a copy of the notice to the inspector. Body to be held subject to directions of inspector 17(1) Every sub-inspector having control of a body of a dead person shall hold the body, unless it is claimed under this Act, subject to the directions of the inspector. Safe and proper keeping of body 17(2) Every sub-inspector shall make, or cause to be made, all arrangements necessary for the safe and proper keeping of every body under their control and, if so directed by the inspector, for the burial or interment of the body in accordance with section 20. Notice to university 18(1) On receipt of a notice as provided in section 16, the inspector shall immediately give notice of the death of the person, and of all facts reported to the inspector, to the university. Notice by university 18(2) On receipt of notice under subsection (1), the university shall, within 24 hours of the receipt of the notice, notify the inspector whether or not the body is required by the university for purposes of anatomical or other scientific instruction or requirements. Delivery of body to university 19 Where a body is required by an authorized person, if the body remains unclaimed as provided in subsection 6(1), the inspector shall deliver the body to the authorized person for the purposes of anatomical or other scientific instruction or requirements; and the authorized person shall make all arrangements necessary for the immediate transportation and subsequent care of the body. Delivery of body not required for anatomical studies 20(1) Where a body is not required by an authorized person and remains unclaimed, the inspector shall immediately notify the authority responsible for the burial of unclaimed bodies of those facts. Delivery of body to authority 20(2) Upon receipt of a notice under subsection (1), the authority responsible for burial of unclaimed bodies of deceased persons shall take delivery of, and arrange for the proper burial of the body. Receipt for body following delivery by inspector 21 An authorized person, or an authority responsible for the burial of unclaimed bodies, shall, at the time of taking delivery of a body, execute and deliver to the person in whose custody the body was at the time of delivery, a receipt therefore, which shall set out that the body is taken, (a) solely for the purpose of anatomical or other scientific instruction or requirements; or (b) for the purpose of proper burial. Inspector to file certificate with the Director of Vital Statistics 22 Where a body of a deceased person has been delivered to an authorized person, the inspector shall, within 48 hours of the delivery, send to the Director of Vital Statistics a certificate under the inspector's hand setting out the particulars of death and of the delivery of the body to the authorized person. Current returns to minister 23 The inspector shall annually on or before March 1 in each year, make a general report of their operations to the minister. Regulations 24 The Lieutenant Governor in Council may make regulations, (a) requiring reports of bodies disposed of under this Act to be submitted; (b) prescribing the form and disposition of records, notices, and other forms or documents, required under this Act or the regulations; (c) prescribing the conditions upon which bodies are to be delivered, kept, and disposed of; (d) authorizing inspections to be made of any premises in which bodies are stored or used for the purpose of dissection; (e) prescribing the fees to be paid to the inspector or sub-inspector; (f) as to the institutions or persons to whom bodies not required by the university shall be delivered and as to the manner in which such bodies may otherwise be disposed of; and (g) generally for the purpose of carrying into effect this Act. Offence and penalty 25 A person who contravenes or fails to observe a provision of this Act or of any regulation made thereunder is guilty of an offence and liable, on summary conviction, to a fine of not more than $5,000. or to imprisonment for a term of not more than six months or to both. R.S.M. 1987 Supp., c. 1, s. 5 . Human Tissue Gift Act 26 This Act is subject to The Human Tissue Gift Act . R.S.M. 1987 Supp., c. 1, s. 6 ; S.M. 2005, c. 42, s. 1 .