Last Updated: Tuesday, November 30, 2010 | 6:16 PM AT Comments6Recommend4

CBC News

The organs of Tina Chaulk's 16-year old daughter helped eight people. Chaulk said any legislation that can help a donor's wishes be met is positive. (CBC)

The provincial government is introducing legislation that should allow more Nova Scotians to become organ and tissue donors.

Right now, 55 per cent of Nova Scotians sign their organ donation card, but the actual number of donations is quite low.

The new legislation will require hospitals to refer all potential candidates after a doctor has determined the patient is going to die. Family members would not be approached until after the potential donor's suitability has been established.

Potential donors are usually people who die from a head injury or stroke and have died in a hospital on a respirator.

Denice Klavanow lost her 18-year-old son Brad when he was crushed between a forklift and a truck. His organ donor card was signed and his mom supports the new legislation.

"I cannot describe the comfort of knowing that my sons' eyes continue to see the world, although through someone elses lens," said Klavanow.

One of the barriers to organ donation comes at the hospital when someone who has signed a donor card is dying. Under the stress they're facing, the family doesn't always agree to follow through.

Mary-Beth Chaulk was only 16 when she was killed in a crosswalk. Her organs were donated to help eight people. Her mother Tina Chaulk acknowledges the process was difficult.

"So any legislation that helps the person's wishes to be granted and not put the pressure back on family to have the final say is great because it's difficult to let go of them, even though it's the right thing to do," said Chaulk.

Trevor Umlah is proof organ donations change lives. He underwent a double lung transplant in 2007.

"Since my transplant three and a half years ago, I've missed one day of work. I'm back to playing hockey, contributing to the community and watching my daughter grow up, I'm enjoying life," said Umlah.

The new legislation would also require annual reporting from regional health authorities.

Other changes to the act include:

• recognizing common-law partners as a substitute decision maker
• requiring consent for pre-death procedures such as ventilation and medications
• requiring court authorization for a living donation if the donor does not have the capacity to give consent, such as when a relative is an ideal match for a recipient
• requiring annual reports to the minister on the number of potential donors who are not referred, based on medical chart audits

The province said there are 141 patients in Nova Scotia waiting for an organ transplant. Last year, there were 15 organ donors and 95 tissue donations.