Regulations for the Monitoring of Medical Assistance in Dying (SOR/2018-166)

Whereas the Minister of Health considers it necessary that the annexed Regulations be made;

Therefore, the Minister of Health, pursuant to subsection 241.31(3)Footnote ^a of the Criminal CodeFootnote ^b, makes the annexed Regulations for the Monitoring of Medical Assistance in Dying.

• Return to footnote ^aS.C. 2016, c. 3, s. 4

• Return to footnote ^bR.S., c. C-46

Ottawa, July 25, 2018

La ministre de la Santé Ginette Petitpas Taylor Minister of Health

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

care coordination service

care coordination service means a service that facilitates access to medical assistance in dying. (service de coordination de soins)

Code

Code means the Criminal Code. (Code)

eligibility criteria

eligibility criteria means the criteria set out in subsections 241.2(1) and (2) of the Code. (critères d’admissibilité)

medical certificate of death

medical certificate of death includes, in the Province of Quebec, an attestation of death. (certificat médical de décès)

patient

patient[Repealed, SOR/2022-222, s. 1]

personal information

personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

practitioner

practitioner means a medical practitioner or nurse practitioner. (praticien)

preliminary assessor

preliminary assessor means a person who has the responsibility to carry out preliminary assessments of whether a person who has requested medical assistance in dying meets the eligibility criteria. (responsable des évaluations préliminaires)

refer

refer[Repealed, SOR/2022-222, s. 1]

residential care facility

residential care facility means a residential facility that provides health care services, including professional health monitoring and nursing care, on a continuous basis for persons who require assistance with activities of daily living. (établissement de soins pour bénéficiaires internes)

Provision of Information

Designation of Recipients of Information

Marginal note:Designation — Minister of Health

• 2 (1) The Minister of Health is designated as the recipient of information for the purposes of subsections 241.31(1) to (2) of the Code.

• Marginal note:Designation — other recipients

  (2) However, the following persons are designated as the recipients of information for the purposes of subsections 241.31(1) to (2) of the Code in respect of the following information:

  • (a) the Chief Coroner for Ontario, in respect of the information to be provided under paragraph 7(2)(b) or subsection 8(2);

  • (a.1) the Deputy Minister of Health and Social Services of Quebec, in respect of the information to be provided by a preliminary assessor in Quebec or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying;

  • (b) the Deputy Minister of Health of British Columbia, in respect of the information to be provided by a preliminary assessor in British Columbia or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying;

  • (c) the Chief Executive Officer of the Saskatchewan Health Authority, in respect of the information to be provided by a preliminary assessor in Saskatchewan or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying;

  • (d) the President and Chief Executive Officer of Alberta Health Services, in respect of the information to be provided by a preliminary assessor in Alberta or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying;

  • (e) the Deputy Minister of Health and Social Services of the Northwest Territories, in respect of the information to be provided by a preliminary assessor in the Northwest Territories or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying; and

  • (f) the Minister of Health of Nunavut, in respect of the information to be provided by a preliminary assessor in Nunavut or by a practitioner who carries out an assessment there of whether a person who has made a request for medical assistance in dying meets the eligibility criteria, by a practitioner who receives a written request there for medical assistance in dying, by a pharmacist who dispenses a substance there in connection with the provision of medical assistance in dying or by a pharmacy technician who dispenses a substance there to aid a practitioner with the provision of medical assistance in dying.

Practitioners and Other Persons

Marginal note:Exception — no information required

3 The following practitioners are not, in respect of a person’s request for medical assistance in dying, required to provide information under subsection 5(1), 6(1) or 6.1(1) or section 9:

• (a) a practitioner who has received a person’s request for medical assistance in dying from the person directly or another person on their behalf or from another practitioner or a care coordination service in order to obtain the practitioner’s written opinion, for the purposes of paragraph 241.2(3)(e) or (3.1)(e) of the Code, regarding whether the person meets all of the eligibility criteria; and

• (b) a practitioner who has been consulted, for the purposes of paragraph 241.2(3.1)(e.1) of the Code, by another practitioner because they have expertise in the condition that is causing the person’s suffering and they have shared the results of that consultation with the other practitioner.

4 [Repealed, SOR/2022-222, s. 2]

Marginal note:Withdrawal of request

• 5 (1) A practitioner must provide the following information to the applicable recipient designated under section 2 within 30 days after the day on which the practitioner becomes aware of the withdrawal of a person’s request for medical assistance in dying that they received:

  • (a) the information referred to in Schedule 1;

  • (b) in the case where the practitioner has determined that the person met all of the eligibility criteria, the applicable information referred to in Schedule 3;

  • (c) if known, the person’s reasons for withdrawing the request and the means that were chosen by the person to relieve their suffering, if applicable; and

  • (d) in the case where the person withdrew their request after having been given an opportunity to do so under paragraph 241.2(3)(h) or (3.1)(k) of the Code, an indication to that effect.

• Marginal note:Exception — no other information required

  (2) A practitioner who provides information in accordance with subsection (1) is not required to provide information under subsection 6(1) or section 9.

Marginal note:Ineligibility

• 6 (1) If a preliminary assessor, a practitioner who carries out an assessment of whether a person who has made a request for medical assistance in dying meets the eligibility criteria or a practitioner who has received a person’s written request for medical assistance in dying determines that the person does not meet one or more of the eligibility criteria, they must provide the applicable recipient designated under section 2 with the applicable information referred to in Schedules 1 and 3 within 30 days after the day on which they make that determination.

• Marginal note:Clarification

  (2) For greater certainty, subsection (1) applies if the preliminary assessor or the practitioner determined that the person met the eligibility criteria but subsequently determines that the person does not meet one or more of those criteria.

• Marginal note:Exception — no other information required

  (3) A practitioner who provides information in accordance with subsection (1) is not required to provide information under subsection 5(1) or 6.1(1) or section 9.

Marginal note:Safeguard not met

• 6.1 (1) A practitioner who has received a person’s request for medical assistance in dying and determined that the person met all of the eligibility criteria, but does not provide medical assistance in dying because they subsequently determine that a safeguard set out in subsection 241.2(3) or (3.1) of the Code, as the case may be, has not been met, must provide the applicable recipient designated under section 2 with the applicable information referred to in Schedules 1 and 3 within 30 days after the day on which they make the subsequent determination.

• Marginal note:Exception — no other information required

  (2) A practitioner who provides information in accordance with subsection (1) is not required to provide information under subsection 5(1) or 6(1) or section 9.

Marginal note:Prescribing or providing a substance — general

• 7 (1) A practitioner who has received a person’s written request for medical assistance in dying and provides medical assistance in dying by prescribing or providing a substance to the person for self-administration must provide the applicable recipient designated under section 2 with the applicable information referred to in Schedules 1 and 3 and the information referred to in Schedule 4 or 4.1, as the case may be, and Schedule 5 no earlier than the 90th day after the day on which the practitioner prescribes or provides the substance and no later than one year after that day.

• Marginal note:Prescribing or providing a substance — Ontario

  (2) However, a practitioner who has received a person’s written request for medical assistance in dying and provides medical assistance in dying in Ontario by prescribing or providing a substance to the person for self-administration must provide the applicable information referred to in Schedules 1 and 3 and the information referred to in Schedule 4 or 4.1, as the case may be, and Schedule 5 no earlier than the 90th day after the day on which the practitioner prescribes or provides the substance and no later than one year after that day,

  • (a) to the recipient designated under subsection 2(1), except in the case referred to in paragraph (b); or

  • (b) to the recipient designated under paragraph 2(2)(a), in the case where, when the practitioner provides the information, the practitioner knows that the person has died following self-administration of the substance.

• Marginal note:Exception — time to report

  (3) The practitioner may provide the information earlier than the 90th day after the day on which the practitioner prescribes or provides the substance to the person who has made a request for medical assistance in dying if the practitioner knows that the person has died.

• Marginal note:Exception — no other information required

  (4) A practitioner who provides information in accordance with subsection (1) or (2) is not required to provide information under section 9.