Marginal note:Access to health reporting information

• 16. (1) A person shall be given, on request, access to any health reporting information about the person that is under the control of a licensee or other person who has obtained the information. The person is entitled to

  • (a) request the correction of the information if they believe there is an error or omission in that information;

  • (b) require that a notation be attached to that information reflecting any correction that was requested but was not made; and

  • (c) require that such a correction or notation be communicated to any person or body to whom that information was disclosed during the two years preceding the request for a correction.

• Marginal note:Destruction of information

  (2) A licensee or any other person that has control of the health reporting information provided by a donor of human reproductive material or an in vitro embryo, by a person who has undergone an assisted reproduction procedure or by a person who was conceived by means of such a procedure shall, at the request of the donor or that person, as the case may be, destroy that information in the circumstances and to the extent provided by the regulations, and shall inform the donor or that person that the destruction has occurred.

• Marginal note:Destruction of reproductive material

  (3) A licensee and any other person that has control of human reproductive material or an in vitro embryo shall destroy that material or embryo at the request of its donor in the circumstances and to the extent provided by the regulations, and shall inform the donor that the destruction has occurred.

• Marginal note:Exception

  (4) This section does not apply to

  • (a) government institutions subject to the Privacy Act or the National Archives of Canada Act; or

  • (b) a court, body or person referred to in paragraph 15(2)(c).

Marginal note:Personal health information registry

17. The Agency shall maintain a personal health information registry containing health reporting information about donors of human reproductive material and in vitro embryos, persons who undergo assisted reproduction procedures and persons conceived by means of those procedures.

Marginal note:Use of information by Agency

• 18. (1) The Agency may use health reporting information, and information otherwise relating to the controlled activities undertaken by an applicant or licensee, for the purposes of the administration and enforcement of this Act or the identification of health and safety risks, potential and actual abuses of human rights, or ethical issues associated with assisted human reproduction technologies and the other matters to which this Act applies.

• Marginal note:Consent to disclosure

  (2) Notwithstanding section 8 of the Privacy Act but subject to subsections (3) to (8), health reporting information under the control of the Agency relating to a donor of human reproductive material or an in vitro embryo, a person who has undergone an assisted reproduction procedure or a person who was conceived by means of such a procedure is confidential and shall be disclosed only with the written consent of the donor or that person, as the case may be.

• Marginal note:Disclosure to recipients of reproductive material

  (3) The Agency shall, on request, disclose health reporting information relating to a donor of human reproductive material or of an in vitro embryo to a person undergoing an assisted reproduction procedure using that human reproductive material or embryo, to a person conceived by means of such a procedure and to descendants of a person so conceived, but the identity of the donor — or information that can reasonably be expected to be used in the identification of the donor — shall not be disclosed without the donor's written consent.

• Marginal note:Relationship of individuals

  (4) On application in writing by any two individuals who have reason to believe that one or both were conceived by means of an assisted reproduction procedure using human reproductive material or an in vitro embryo from a donor, the Agency shall disclose to both of them whether it has information that they are genetically related and, if so, the nature of the relationship.

• Marginal note:Obligation to disclose

  (5) The Agency shall disclose health reporting information

  • (a) for the purpose of complying with a subpoena or warrant issued or order made by a court, body or person with jurisdiction to compel the production of information, or for the purpose of complying with rules of court relating to the production of information; and

  • (b) to the extent required by provisions of any federal or provincial law respecting health and safety that are specified in the regulations.

• Marginal note:Discretion to disclose

  (6) The Agency may disclose health reporting information

  • (a) for the purposes of the enforcement of this Act;

  • (b) to the extent required for the administration of a health care insurance plan within the meaning of the Canada Health Act; and

  • (c) for the purposes of disciplinary proceedings undertaken by any professional licensing or disciplinary body established under the laws of Canada or a province and specified in the regulations.

• Marginal note:Disclosure to address health or safety risk

  (7) The Agency may disclose the identity of a donor to a physician if, in the Agency's opinion, the disclosure is necessary to address a risk to the health or safety of a person who has undergone an assisted reproduction procedure, was conceived by means of such a procedure or is a descendant of a person so conceived. The physician may not disclose that identity.

• Marginal note:Research and statistics

  (8) The Agency may disclose health reporting information to an individual or organization for scientific research or statistical purposes, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person.

Marginal note:Information available from Agency

19. The Agency shall make available for inspection by the public in accordance with the regulations any information that is prescribed by the regulations relating to

• (a) this Act, the regulations under this Act and policy directions under section 25;

• (b) the by-laws of the Agency;

• (c) licences issued by the Agency;

• (d) applications for, and amendments or renewals of, licences;

• (e) notices of proceedings in respect of the issuance, amendment, renewal, suspension, restoration or revocation of licences;

• (f) information and observations provided to the Agency in respect of any proceedings respecting licences, other than the identity of — or information that can reasonably be expected to be used in the identification of — any donor of human reproductive material or an in vitro embryo, any person who has undergone an assisted reproduction procedure or any person who was conceived by means of such a procedure;

• (g) decisions of the Agency arising from any proceedings respecting licences;

• (h) the names and addresses of licensees;

• (i) aggregated outcomes of assisted reproduction procedures performed by licensees;

• (j) measures taken under section 44;

• (k) the enforcement of this Act;

• (l) agreements entered into under section 58;

• (m) agreements entered into under section 68; and

• (n) reports and other documentation provided to or by the Agency pursuant to the Agency's power to monitor and evaluate developments in assisted human reproduction and other matters to which this Act applies.

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.

• Marginal note:Agency

  (2) The Minister is responsible for the Agency.

ASSISTED HUMAN REPRODUCTION AGENCY OF CANADA

Marginal note:Agency established

• 21. (1) The Assisted Human Reproduction Agency of Canada is hereby established as a body corporate that may exercise powers and perform duties only as an agent of Her Majesty in right of Canada.

• Marginal note:Head office

  (2) The head office of the Agency shall be at a place in Canada designated by the Governor in Council.

• Marginal note:Application of Official Languages Act

  (3) The Official Languages Act applies to the Agency.

Marginal note:Objectives

22. The objectives of the Agency are

• (a) to protect and promote the health and safety, and the human dignity and human rights, of Canadians, and

• (b) to foster the application of ethical principles,

in relation to assisted human reproduction and other matters to which this Act applies.

Marginal note:Principles

23. The Agency shall exercise its powers in a manner consistent with the principles set out in section 2.

Marginal note:Powers of Agency

• 24. (1) The Agency may

  • (a) exercise the powers in relation to licences under this Act;

  • (b) provide advice to the Minister on assisted human reproduction and other matters to which this Act applies;

  • (c) monitor and evaluate developments within Canada and internationally in assisted human reproduction and other matters to which this Act applies;

  • (d) consult persons and organizations within Canada and internationally;

  • (e) collect, analyse and manage health reporting information relating to controlled activities;

  • (f) provide information to the public and to the professions respecting assisted human reproduction and other matters to which this Act applies, and their regulation under this Act, and respecting risk factors associated with infertility;

  • (g) designate inspectors and analysts for the enforcement of this Act; and

  • (h) do anything that is reasonably necessary or incidental to achieving the Agency's objectives.

• Marginal note:Advice to Minister

  (2) On request by the Minister, the Agency shall provide

  • (a) advice on issues pertaining to assisted human reproduction and other matters that the Minister considers appropriate;

  • (b) health reporting information, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person; and

  • (c) information concerning the general administration and management of the Agency's affairs.