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:Transgenics

  • 11. (1) No person shall, except in accordance with the regulations and a licence, combine any part or any proportion of the human genome specified in the regulations with any part of the genome of a species specified in the regulations.

  • Marginal note:Definitions

    (2) The following definitions apply in this section.

    “human genome”

    « génome humain »

    “human genome” means the totality of the deoxyribonucleic acid sequence of the human species.

    “species”

    « espèce »

    “species” means any taxonomic classification of non-human life.

The following provision is not in force.
Marginal note:Reimbursement of expenditures

  • 12. (1) No person shall, except in accordance with the regulations and a licence,

    • (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 and a licence.

Marginal note:Use of premises

13. No person who is licensed to undertake a controlled activity shall undertake it in any premises except in accordance with a licence permitting the use of the premises for that controlled activity.

PRIVACY AND ACCESS TO INFORMATION

The following provision is not in force.
Marginal note:Information to be collected by licensees

  • 14. (1) A licensee shall not accept the donation of human reproductive material or an in vitro embryo from any person for the purpose of a controlled activity, and shall not perform a controlled activity on any person, unless the licensee has obtained from that person the health reporting information required to be collected under the regulations.

  • Marginal note:Requirements of this Act to be conveyed

    (2) Before accepting a donation of human reproductive material or of an in vitro embryo from a person or accepting health reporting information respecting a person, a licensee shall

    • (a) inform the person in writing of the requirements of this Act respecting, as the case may be,

      • (i) the retention, use, provision to other persons and destruction of the human reproductive material or in vitro embryo, or

      • (ii) the retention, use, disclosure and destruction of the health reporting information;

    • (b) to the extent required by the regulations, make counselling services available to the person and ensure that the person receives them;

    • (c) obtain the written consent of the person to the application of the requirements referred to in paragraph (a); and

    • (d) in accordance with the regulations, provide the person with the information that the Agency makes available to the public under paragraph 19(i).