• 4. (1) Before a person makes use of human reproductive material for the purpose of creating an embryo, the person shall have the written consent of the donor of the material stating that the material may be used for one or more of the following purposes:

  • (a) the donor’s own reproductive use;

  • (b) following the donor’s death, the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner;

  • (c) the reproductive use of a third party;

  • (d) improving assisted reproduction procedures; or

  • (e) providing instruction in assisted reproduction procedures.

• (2) A donor’s consent stating that the donor’s human reproductive material may be used for a purpose mentioned in paragraph (1)(b) or (c) shall also state whether any in vitro embryos that are not required for that purpose may be used for providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research.

• 5. (1) If a donor wishes to withdraw their consent, the withdrawal must be in writing.

• (2) The withdrawal is effective only if the person who intends to make use of the human reproductive material is notified in writing of the withdrawal

  • (a) in the case of human reproductive material to be used to create an embryo for a purpose mentioned in paragraph 4(1)(a), (b), (d) or (e), before the material is used; and

  • (b) in the case of human reproductive material to be used to create an embryo for the purpose mentioned in paragraph 4(1)(c), before the third party acknowledges in writing that the material has been designated for their reproductive use.

6. This Part applies in respect of a consent given under subsection 8(2) of the Act to remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo.

7. Before a person removes human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo, the person shall have a document signed by the donor stating that, before consenting to the removal, the donor was informed in writing that

• (a) the human reproductive material will be removed in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

  • (i) the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

  • (ii) improving assisted reproduction procedures, or

  • (iii) providing instruction in assisted reproduction procedures;

• (b) if the donor wishes to withdraw their consent, the withdrawal must be in writing;

• (c) the withdrawal is effective only if the person who intends to remove the human reproductive material is notified in writing of the withdrawal before the removal of the material; and

• (d) human reproductive material removed from the donor cannot be used for a purpose mentioned in paragraph (a) unless the person who intends to make use of the material has the donor’s written consent under Part 1 respecting the use of the material.