Assisted Human Reproduction Act (S.C. 2004, c. 2)

Act current to 2012-05-02 and last amended on 2012-03-16. Previous Versions

Marginal note:Appointment of President

  • 36. (1) The President of the Agency shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years, and is eligible for reappointment.

  • Marginal note:Chief executive officer

    (2) The President is the chief executive officer of the Agency and has supervision over and direction of the work and staff of the Agency, and may exercise the powers and shall perform the duties assigned by the Agency's by-laws.

  • Marginal note:Delegation

    (3) The President may delegate to any officer of the Agency any power conferred or duty imposed on the President by or under this or any other Act.

  • Marginal note:Acting President

    (4) In the event of the absence or incapacity of the President or a vacancy in that office, the board of directors may authorize an officer of the Agency to act as President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council.

Marginal note:President's pay and benefits

37. The President

  • (a) shall be paid the remuneration fixed by the Governor in Council; and

  • (b) is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing duties while absent from the President's ordinary place of work.

Marginal note:Exercise of powers by officers and employees

38. An officer or employee of the Agency may exercise any power and perform any duty of the Agency if the officer or employee is appointed to serve in a capacity appropriate to the exercise of the power or performance of the duty.

Marginal note:Contracts and arrangements

  • 39. (1) The Agency may enter into contracts, agreements, memoranda of understanding and other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization, either in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Title to property

    (2) Property acquired by the Agency is property of Her Majesty in right of Canada, and title to it may be held in the Agency's name or in Her Majesty's name.

  • Marginal note:Legal proceedings

    (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty.

ADMINISTRATION

The following provision is not in force.
Marginal note:Issuance of licence for controlled activity

  • 40. (1) The Agency may, in accordance with the regulations, issue a licence to any person having the qualifications provided under the regulations, authorizing the person to undertake any controlled activity specified in the licence.

  • Marginal note:Use of in vitro embryo

    (2) A licence authorizing the use of an in vitro embryo for the purpose of research may be issued only if the Agency is satisfied that the use is necessary for the purpose of the proposed research.

  • Marginal note:Clinical trials

    (3) The number of licences that the Agency considers sufficient may be issued in respect of clinical trials of a controlled activity.

  • Marginal note:Written consent required

    (3.1) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research unless it has received the written consent of the original gamete providers and the embryo provider in accordance with the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the regulations.

  • Marginal note:Responsible individual

    (4) If a person to whom a licence is issued is not an individual, the licence must designate an individual as the person responsible for compliance with this Act, but that designation does not affect the responsibility of the licensee or any other individual under this Act.

  • Marginal note:Issuance of facility licences

    (5) The Agency may, in accordance with the regulations, issue a licence to the owner or operator of any premises permitting the use of those premises for a controlled activity undertaken by persons to whom a licence has been issued under subsection (1).

  • Marginal note:Terms and conditions

    (6) The Agency may, in accordance with the regulations, attach terms and conditions to a licence at the time of issuing the licence or at any time after that.

  • Marginal note:Cost recovery prohibited

    (7) The Agency may not apply a policy of cost recovery to the issuance of licences.