Human Organ and Tissue Donation Regulations
made under Section 36 of the
Human Organ and Tissue Donation Act
S.N.S. 2019, c. 6
O.I.C. 2026-198 (effective June 18, 2026), N.S. Reg. 153/2026
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.
Citation
Definitions
Inspector of anatomy
Inspector of anatomy must provide annual report
Inspector of anatomy must keep register
Inspector of anatomy may inspect records
Inspector of anatomy may inspect premises
Inspector of anatomy may collect expenses
Delivery of human organs, tissue or bodies to inspector of anatomy
Authorized persons
Inspector of anatomy may revoke authorization
When authorization not required
Delivery of human organs, tissue or bodies by inspector of anatomy
Authorized persons must keep register
Authorized person to provide reports to inspector of anatomy on request
Retention of records
Storage or treatment of human organs, tissue or bodies
Authorized uses of human organs, tissue or bodies
Disposition of bodies
Citation
1 These regulations may be cited as the Human Organ and Tissue Donation Regulations.
Definitions
2 In these regulations,
“Act” means the Human Organ and Tissue Donation Act;
“authorized person” means an educational or research institution or duly qualified
medical practitioner authorized to receive human organs, tissue or bodies donated
after death for scientific research or education purposes by the inspector of
anatomy in accordance with these regulations;
“body” means an identifiable human corpse but does not include a corpse that has
decomposed to bone material.
Inspector of anatomy
3 The Minister may appoint 1 or more persons as inspector of anatomy, who may receive,
arrange for the storage of and transfer or otherwise dispose of human organs, tissues or
bodies donated after death for scientific research or education purposes.
Inspector of anatomy must provide annual report
4 The inspector of anatomy must provide an annual report of their activities to the Minister
on an annual basis, no later than March 31 or as otherwise directed by the Minister,
which must contain all of the following information:
(a) a record of inspections performed by the inspector of anatomy of any
premises where human organs, tissue or bodies donated after death for
scientific research or education purposes are used or stored;
(b) confirmation that, in their opinion, all authorized persons are compliant with
the Act and these regulations;
(c) any further information the Minister may require.
Inspector of anatomy must keep register
5 The inspector of anatomy must keep a register containing all of the following
information respecting each deceased person whose organs, tissue or body comes under
their control:
(a) name in full;
(b) age;
(c) sex;
(d) any unique identifying number assigned by the inspector of anatomy;
(e) date and place of death;
(f) cause of death;
(g) name of the hospital or institution, if any, in which the person died;
(h) name of the physician, if any, attending the person at the time of death;
(i) the name of the authorized person to whom the human organs, tissue or
body was delivered by the inspector of anatomy, if any, or the name of the
substitute decision maker or next of kin to whom the human organs, tissue
or body was returned;
(j) the date and place of the delivery to the authorized person, if any, or to the
substitute decision maker or next of kin;
(k) a general description of any clothing or personal property of the person that
came into possession or control of the inspector of anatomy.
Inspector of anatomy may inspect records
6 The inspector of anatomy may compel production of and inspect records made under the
Act or these regulations.
Inspector of anatomy may inspect premises
7 The inspector of anatomy may inspect any premises where human organs, tissue or
bodies donated after death for scientific research or education purposes are used or
stored.
Inspector of anatomy may collect expenses
8 The inspector of anatomy may charge and collect any costs and expenses incurred
directly or indirectly in the performance of their duties and authorities from any
authorized person who receives or uses human organs, tissue or bodies donated after
death for scientific research or education purposes.
Delivery of human organs, tissue or bodies to inspector of anatomy
9 A person or facility, except an organ-donation program or tissue bank, that has control of
a human organ, tissue or body donated after death for scientific research or education
purposes must deliver the human organ, tissue or body promptly to the inspector of
anatomy.
Authorized persons
10 Subject to Section 12, an educational or research institution or duly qualified medical
practitioner may apply to the inspector of anatomy in writing to become an authorized
person, and the inspector of anatomy may, by an order in writing, grant the authorization.
Inspector of anatomy may revoke authorization
11 The inspector of anatomy may, at any time, by an order in writing, revoke an
authorization granted under Section 10 with or without assigning cause for the
revocation.
When authorization not required
12 An organ-donation program or tissue bank is not required to be authorized by the
inspector of anatomy to receive, use, store, transfer or dispose of human organs, tissue or
bodies, even if the eventual use of the human organs, tissue or bodies is for scientific
research or education purposes.
Delivery of human organs, tissue or bodies by inspector of anatomy
13 The inspector of anatomy may deliver human organs, tissue or bodies donated after death
for scientific research or education purposes to an authorized person, organ-donation
program or tissue bank.
Authorized persons must keep register
14 (1) An authorized person receiving human organs, tissue or bodies donated after death
for scientific research or education purposes must keep a register, and must record
in it all of the following information for every human organ, tissue or body
received:
(a) name of the deceased person in full;
(b) any unique identifying number assigned by the authorized person;
(c) the name of the authorized person or their representative who accepted
delivery of the human organs, tissue or body from the inspector of anatomy;
(d) the date the human organs, tissue or body was received by the authorized
person;
(e) a record of any test, examination or other procedure performed on the
human organ, tissue or body and the name of the authorized person or their
representative who performed the test, examination or other procedure;
(f) for a body that was cremated or buried while under the care and control of
the authorized person,
(i) the name of the authorized person or their representative who caused
the body to be cremated or buried, and
(ii) the date upon and the location at which the body was cremated or
buried;
(g) if the remains of the human organ, tissue or body were claimed,
(i) the identity of the person who claimed the remains, and
(ii) the date upon which the remains were transferred by the authorized
person to the claimant.
(2) The register must be open to inspection by the inspector of anatomy at all times.
Authorized person to provide reports to inspector of anatomy on request
15 Upon request by the inspector of anatomy, an authorized person must provide a report to
the inspector of anatomy related to the receipt, use and storage of human organs, tissues
or bodies donated for scientific research or education purposes, containing any
information the inspector of anatomy may request.
Retention of records
16 A record of consent given under the Act for donation after death for scientific research or
education purposes must be retained for 10 years after the date on which the record is
made.
Storage or treatment of human organs, tissue or bodies
17 (1) An authorized person who comes into the possession of or has control of any
personal property of a deceased person whose human organs, tissue or body is
under their control must make all reasonable efforts to return the personal property
to the deceased’s substitute decision maker or next of kin.
(2) If, after having exhausted all reasonable efforts, the authorized person is unable to
return the personal property to the deceased’s substitute decision maker or next of
kin, the authorized person may dispose of the personal property.
Authorized uses of human organs, tissue or bodies
18 (1) An authorized person must use human organs, tissue or bodies received from the
inspector of anatomy solely for the purpose of scientific research or education
purposes and in accordance with the Act and these regulations.
(2) A person or institution must not use human organs, tissue or bodies for scientific
research or education purposes unless the person or institution is an authorized
person and the human organs, tissue or bodies were delivered directly to the person
or institution by the inspector of anatomy.
Disposition of bodies
19 (1) An authorized person who has received a body donated after death for scientific
research or education purposes must cause the remains of the body, after scientific
research or education requirements have been fulfilled, to be properly buried or
cremated or deliver it to any person for that purpose.
(2) The inspector of anatomy or an authorized person who has received a body
donated after death for scientific research or education purposes may remove and
preserve a sample of tissue for the purposes of future scientific research or
education before causing the body to be properly buried or cremated or delivered to
any person for that purpose.
(3) If a body donated after death for scientific research or education purposes is not
required by an authorized person, the inspector of anatomy must return the body to
the deceased persons’s substitute decision maker or other next of kin as identified
by the inspector of anatomy.
(4) In the event that a body is not claimed by the deceased persons’s substitute
decision maker or other next of kin, the inspector of anatomy must cause the body
to be properly buried or cremated.
(5) The cost of a burial or cremation made under subsection (4) may be paid by the
Department of Health and Wellness and that cost may be recovered by the Minister
from any person legally liable to pay it, as a debt due to the Minister by that
person.
The following regulations are not
yet in force and are not included in the current consolidation: