REVISED STATUTES, 1989
1 This Act may be cited as the Anatomy Act. R.S., c. 13, s. 1.
2 In this Act,
(a) "Inspector" means the Inspector of Anatomy appointed pursuant to this Act;
(b) "Minister" means the Minister of Health and Fitness. R.S., c. 13, s. 2.
Power of Minister
3 The Minister shall have supervision over the distribution and disposal of all bodies which come under this Act. R.S., c. 13, s. 3.
Inspector of Anatomy
4 (1) The Minister shall appoint a fit and proper person to be Inspector of Anatomy.
Ineligibility as Inspector
(2) A person who is connected with the anatomy department of any medical school or college shall not be eligible to be the Inspector. R.S., c. 13, s. 4.
Bodies for science
5 (1) Every chief medical examiner and medical examiner and every officer of any town, city, district, municipality or county, having charge or control of dead bodies requiring to be buried or cremated at the public expense, and every superintendent, manager, keeper or officer in charge of any municipal home, prison, morgue, hospital or other public institution, having charge or control of dead bodies of persons who previous to death were being maintained at the public expense, shall, whenever any such body comes into his possession, charge or control, notify the Inspector, in writing, setting forth as far as possible the name, sex, age, status, religion, nationality, occupation, date of decease and disease, or other cause of death of the deceased, and shall, without fee or reward, deliver the body to the Inspector, and permit the Inspector to remove every such body for the purpose of being used, within this Province, by any legally established medical school or college for the advancement of anatomical or pathological science.
Subsection (1) does not apply
(2) The notice need not be given and the body shall not be delivered to the Inspector if
(a) within forty-eight hours after death, any person satisfying the authorities in charge of the body by written statutory declaration that he is a relative of the deceased within the degree of second cousin inclusively, claims the body for burial or cremation;
(b) the deceased person was a traveller who died suddenly.
Disposal of unrequired body
(3) In the event of any such dead body not being required for the purpose of this Act, the person having charge of the body shall, on receiving notice to that effect from the Inspector, cause the body to be disposed of as in cases which do not come under this Act. R.S., c. 13, s. 5.
Delivery of body
6 The person having charge of a dead body which is to be donated for use by a legally established medical school or college for the advancement of anatomical or pathological science may deliver the body to the Inspector who may give directions regarding the use and disposition of the dead body in accordance with the terms of its donation. R.S., c. 13, s. 6.
7 (1) The Inspector shall keep a register in which shall be entered the receipt and disposal of all bodies coming into his charge and the particulars contained in the notice mentioned in Section 5.
Preservation of papers
(2) The Inspector shall preserve all bonds, certificates and other papers which come into his possession in connection with his office, and shall produce the same together with the register to the Minister when required so to do.
(3) The Inspector shall visit and inspect, at stated intervals, the rooms of any medical school or college which has received any such bodies, and shall require proper attention to be given by the authorities of the school or college to the preservation of the remains and their decent burial or cremation in accordance with the religious faith of the deceased in a cemetery, of the fact of which burial or cremation the Inspector shall be fully satisfied, and shall record the same in his register. R.S., c. 13, s. 7.
8 The Inspector of Anatomy shall not deliver up a body to a medical school or college unless the school or college has provided to the Inspector a bond to him, with sufficient sureties or executed by officers of the school or college thereunto authorized by the governing body of the college, in the penal sum of one thousand dollars conditioned that every body that is thereafter received by the school or college shall be used only within the Province for the promotion of medical science and after being so used the remains thereof shall be decently buried or cremated in the manner specified in this Act. R.S., c. 13, s. 8.
Register of bodies
9 (1) Every medical school or college shall keep a register, in which shall be entered the date of receipt of every body supplied to the school or college by the Inspector or pursuant to the Human Tissue Gift Act together with the name, sex, age, religion and nationality of the deceased, also the date of delivery for burial or cremation, with the name or description of the cemetery in which the body was buried or the place where the body was cremated.
Inspection of register
(2) The register shall at all times be open to the inspection of the Minister. R.S., c. 13, s. 9.
10 (1) All expenses connected with the delivery or removal of any such body shall be paid by the college or medical school receiving the same, and not by the Province or any municipality or any officer or servant thereof.
Remuneration of Inspector
(2) The medical school or college shall pay to the Inspector such remuneration for his services, as is determined by the Minister. R.S., c. 13, s. 10.
11 (1) A superintendent, manager, keeper or officer in charge of an institution mentioned in Section 5, a medical examiner or an officer of a city, town or municipality who knowingly omits, neglects or refuses to comply with any provision of this Act is liable to a penalty of not less than one hundred dollars and not more than two hundred dollars.
Unlawful dissection or receipt of body
(2) A medical school or college that receives in its premises, or permits upon its premises the dissection of, a body that has not been supplied to it by the Inspector or received with his permission, or has not been supplied pursuant to the Human Tissue Gift Act or other law is liable to a penalty of not less than one hundred dollars and not more than two hundred dollars. R.S., c. 13, s. 11.
Default of payment
12 In every case where a pecuniary penalty is imposed by this Act, and no provision is made for imprisonment in default of payment, the offender shall be liable on conviction and default of payment to imprisonment for a period of one day for every five dollars of the penalty imposed. R.S., c. 13, s. 12.
Body removed outside Province
13 Except with the written permission of the Inspector, no person shall send or take a body out of the Province for surgical or anatomical purposes, and every person violating this Section shall, for each offence, be liable to a penalty of one hundred dollars. R.S., c. 13, s. 13.
14 Subject to this Act, any unclaimed human body found dead within the limits of any city, town or municipality, shall be buried or cremated at the expense of the city, town or municipality, but the expense may be recovered from the estate of the deceased. R.S., c. 13, s. 14.
Distribution of Act
15 The Minister shall cause a copy of this Act to be sent to every person who is under the provisions hereof required to notify the Inspector of any dead body being in his possession, charge or control. R.S., c. 13, s. 15.