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

Assented to 2004-03-29

Marginal note:Proposed regulations to be laid before Parliament
  •  (1) Before a regulation is made under section 65, the Minister shall lay the proposed regulation before each House of Parliament.

  • Marginal note:Report by committee

    (2) A proposed regulation that is laid before Parliament shall be referred to the appropriate committee of each House, as determined by the rules of that House, and the committee may review the proposed regulation and report its findings to the House.

  • Marginal note:Standing Committee on Health

    (2.1) The committee of the House of Commons referred to in subsection (2) shall be the Standing Committee on Health or, in the event that there is not a Standing Committee on Health, the appropriate committee of the House.

  • Marginal note:Making of regulations

    (3) A regulation may not be made before the earliest of

    • (a) 30 sitting days after the proposed regulation is laid before Parliament,

    • (b) 160 calendar days after the proposed regulation is laid before Parliament, and

    • (c) the day after the appropriate committee of each House of Parliament has reported its findings with respect to the proposed regulation.

  • Marginal note:Explanation

    (4) The Minister shall take into account any report of the committee of either House. If a regulation does not incorporate a recommendation of the committee of either House, the Minister shall lay before that House a statement of the reasons for not incorporating it.

  • Marginal note:Alteration

    (5) A proposed regulation that has been laid before Parliament need not again be so laid prior to the making of the regulation, whether it has been altered or not.

Marginal note:Exceptions
  •  (1) A regulation may be made without being laid before either House of Parliament if the Minister is of the opinion that

    • (a) the changes made by the regulation to an existing regulation are so immaterial or insubstantial that section 66 should not apply in the circumstances; or

    • (b) the regulation must be made immediately in order to protect the health or safety of any person.

  • Marginal note:Notice of opinion

    (2) If a regulation is made without being laid before Parliament, the Minister shall lay before each House of Parliament a statement of the Minister's reasons.

EQUIVALENCY AGREEMENTS

Marginal note:Non-application of provisions in a province
  •  (1) The Governor in Council may, by order, declare that any or all of sections 10 to 16, 46 to 53 and 61 and any corresponding provisions of the regulations do not apply in a province, except in respect of Her Majesty in right of Canada, if the Minister and the government of that province agree in writing that there are law of the province in force that are equivalent to those sections and the correcponding provisions of the regulations.

  • Marginal note:Term of agreement

    (2) An agreement made under subsection (1) shall be for a period of five years, or any shorter period agreed to by the parties, but may be renewed.

  • Marginal note:Protection of human health and safety

    (3) An order under subsection (1) does not prevent the Agency from taking measures under section 44.

  • Marginal note:Adaptation of this Act

    (4) Where an order has been made under subsection (1) in respect of a province, any person carrying on an activity in the province that would be a controlled activity under this Act shall obtain health reporting information in accordance with section 14 and disclose it under paragraph 15(2)(a) as if the person were a licensee under this Act, and sections 17 and 18 apply in respect of that health reporting information.

  • Marginal note:Transitional

    (5) When provisions of this Act cease to apply in a province by virtue of this section, a licence issued in respect of a person or premises in the province continues in effect in that province as if it were issued under provincial law.

Marginal note:Termination of agreement
  •  (1) An agreement referred to in section 68 may be terminated by either party giving to the other at least six months written notice of termination.

  • Marginal note:Revocation of order

    (2) The Governor in Council may, by order, on the recommendation of the Minister, repeal an order made under section 68 if an agreement referred to in that subsection is terminated.

  • Marginal note:Transitional

    (3) When provisions of this Act become applicable in a province by virtue of subsection (2), a licence issued under the provincial law in respect of a person or premises in the province continues in effect in that province as if it were issued under this Act, unless otherwise provided by the provincial law.

PARLIAMENTARY REVIEW

Marginal note:Parliamentary review of Act
  •  (1) The administration of this Act shall, within three years after the coming into force of section 21, be reviewed by any committee of the Senate, the House of Commons or both Houses of Parliament that may be designated or established for that purpose.

  • Marginal note:Report and recommendations

    (2) The committee shall undertake a comprehensive review of the provisions and operation of this Act and shall, within a year after the review is undertaken or within such further time as the Senate, the House of Commons or both Houses of Parliament may authorize, submit its report on the review including a statement of any changes to this Act or its administration that the committee recommends.

TRANSITIONAL PROVISION

Marginal note:Grandfathered activities

 Notwithstanding sections 10 to 13, a person who undertakes a controlled activity at least once during the period of one year preceding the coming into force of those sections may subsequently, without a licence, undertake the controlled activity and use any premises required for that purpose until a day fixed by the regulations.

CONSEQUENTIAL AMENDMENTS

R.S., c. A-1Access to Information Act

 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Assisted Human Reproduction Agency of Canada

    Agence canadienne de contrôle de la procréation assistée

 Schedule II to the Act is amended by adding the following in alphabetical order:

  • Assisted Human Reproduction Act

    Loi sur la procréation assistée

and by adding a corresponding reference to “subsection 18(2)”.

R.S., c. F-11Financial Administration Act

 Schedule II to the Financial Administration Act is amended by adding the following in alphabetical order:

  • Assisted Human Reproduction Agency of Canada

    Agence canadienne de contrôle de la procréation assistée

R.S., c. P-21Privacy Act

 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

  • Assisted Human Reproduction Agency of Canada

    Agence canadienne de contrôle de la procréation assistée

R.S., c. P-35Public Service Staff Relations Act

 Part I of Schedule I to the Public Service Staff Relations Act is amended by adding the following in alphabetical order:

  • Assisted Human Reproduction Agency of Canada

    Agence canadienne de contrôle de la procréation assistée

R.S., c. P-36Public Service Superannuation Act

 Part I of Schedule I to the Public Service Superannuation Act is amended by adding the following in alphabetical order:

  • Assisted Human Reproduction Agency of Canada

    Agence canadienne de contrôle de la procréation assistée

COMING INTO FORCE

Marginal note:Order of Governor in Council

 The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.

 

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