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

Marginal note:Gametes obtained from minor

9 No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor.

Marginal note:Purpose

• 10 (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease.

• Marginal note:Distribution, etc. of gametes

  (2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction:

  • (a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor;

  • (b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or

  • (c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother.

• Marginal note:Exception

  (3) Subsection (2) does not apply if

  • (a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and

  • (b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations.

• Marginal note:Testing, etc. in respect of gametes

  (4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction:

  • (a) sperm described in paragraph (2)(a);

  • (b) an ovum described in paragraph (2)(b); or

  • (c) an ovum described in paragraph (2)(c).

• Definition of common-law partner

  (5) In this section, common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year.

11 [Repealed, 2012, c. 19, s. 718]

Marginal note:Reimbursement of expenditures

• 12 (1) No person shall, except in accordance with the regulations,

  • (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum;

  • (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or

  • (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy.

• Marginal note:Receipts

  (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure.

• Marginal note:No reimbursement

  (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless

  • (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and

  • (b) the reimbursement is made in accordance with the regulations.

13 [Repealed, 2012, c. 19, s. 720]

14 [Repealed before coming into force, 2012, c. 19, s. 720]

15 [Repealed before coming into force, 2012, c. 19, s. 720]

16 [Repealed before coming into force, 2012, c. 19, s. 720]

17 [Repealed before coming into force, 2012, c. 19, s. 720]

18 [Repealed before coming into force, 2012, c. 19, s. 720]

19 [Repealed before coming into force, 2012, c. 19, s. 720]

Responsibility of Minister

Marginal note:Assisted human reproduction policy

• 20 (1) The Minister is responsible for the policy of the Government of Canada respecting assisted human reproduction and any other matter that, in the opinion of the Minister, relates to the subject-matter of this Act.

• (2) [Repealed, 2012, c. 19, s. 721]

21 [Repealed, 2012, c. 19, s. 722]

22 [Repealed, 2012, c. 19, s. 722]

23 [Repealed, 2012, c. 19, s. 722]

24 [Repealed, 2012, c. 19, s. 722]

25 [Repealed, 2012, c. 19, s. 722]

26 [Repealed, 2012, c. 19, s. 722]

27 [Repealed, 2012, c. 19, s. 722]

28 [Repealed, 2012, c. 19, s. 722]

29 [Repealed, 2012, c. 19, s. 722]

30 [Repealed, 2012, c. 19, s. 722]

31 [Repealed, 2012, c. 19, s. 722]

32 [Repealed, 2012, c. 19, s. 722]

33 [Repealed, 2012, c. 19, s. 722]

34 [Repealed, 2012, c. 19, s. 722]

35 [Repealed, 2012, c. 19, s. 722]

36 [Repealed, 2012, c. 19, s. 722]

37 [Repealed, 2012, c. 19, s. 722]

38 [Repealed, 2012, c. 19, s. 722]

39 [Repealed, 2012, c. 19, s. 722]

Administration and Enforcement

40 [Repealed before coming into force, 2012, c. 19, s. 724]

41 [Repealed before coming into force, 2012, c. 19, s. 724]

42 [Repealed before coming into force, 2012, c. 19, s. 724]

43 [Repealed before coming into force, 2012, c. 19, s. 724]

Marginal note:Taking measures

• 44 (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention.

• (2) and (3) [Repealed, 2012, c. 19, s. 725]

• Marginal note:Personal liability

  (4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith.

• Marginal note:Exception

  (5) Subsection (4) does not apply to a person who has committed a contravention of this Act.

• Marginal note:Statutory Instruments Act

  (6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act.

Marginal note:Definitions

45 The following definitions apply in sections 47 to 62 and 65.

information

information means information that is recorded in any form. (document)

material

material means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. (matériel)

Marginal note:Designation of inspectors

• 46 (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act.

• Marginal note:Certificates to be produced

  (2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance.

Marginal note:Entry by inspectors

• 47 (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies.

• Marginal note:Inspection

  (2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1),

  • (a) examine any material or information that is relevant to that purpose;

  • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information;

  • (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information;

  • (d) take, or require any person in the place or conveyance to produce, a sample of such material; and

  • (e) conduct any test or analysis or take any measurement of such material.

• Marginal note:Examination of information

  (3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1),

  • (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose;

  • (b) require any person to produce such books, documents or other records for examination or copying;

  • (c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system;

  • (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and

  • (e) use or cause to be used any copying equipment.

• Marginal note:Assistance and information to inspector

  (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require.