Regulations for the Monitoring of Medical Assistance in Dying (SOR/2018-166)
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Regulations are current to 2024-11-26 and last amended on 2024-01-01. Previous Versions
SCHEDULE 3(Paragraph 5(1)(b), subsections 6(1), 6.1(1) and 7(1) and (2), section 8 and paragraph 9(b))Eligibility Criteria and Related Information
1 An indication of whether the preliminary assessor or the practitioner consulted with other health care professionals — other than the practitioners described in section 3 of these Regulations — or social workers in order to determine whether the person who made the request for medical assistance in dying met the eligibility criteria and, if so, the professions of those persons.
2 An indication of which of the following eligibility criteria were assessed by the preliminary assessor or the practitioner and whether they were of the opinion that the person who made the request for medical assistance in dying met or did not meet each of those criteria:
(a) the person was eligible — or, but for any applicable minimum period of residence or waiting period, would have been eligible — for health services funded by a government in Canada;
(b) the person was at least 18 years of age;
(c) the person was capable of making decisions with respect to their health;
(d) the person made a voluntary request for medical assistance in dying that, in particular, was not made as a result of external pressure;
(e) the person gave informed consent to receive medical assistance in dying after having been informed of the means that are available to relieve their suffering, including palliative care;
(f) the person had a serious and incurable illness, disease or disability;
(g) the person was in an advanced state of irreversible decline in capability; and
(h) the illness, disease, disability or state of decline caused the person enduring physical or psychological suffering that was intolerable to the person and that could not be relieved under conditions that the person considered acceptable.
3 An indication by the preliminary assessor or the practitioner of the following:
(a) in the case where they assessed whether the person made a voluntary request for medical assistance in dying that, in particular, was not made as a result of external pressure, the reasons why they were of the opinion that the person met or did not meet this eligibility criteria;
(b) in the case where they assessed whether the person had a serious and incurable illness, disease or disability and were of the opinion that the person met this eligibility criteria, the type of illness, disease or disability and the length of time that the person had it;
(c) in the case where they assessed whether the person was in an advanced state of irreversible decline in capability and were of the opinion that the person met this eligibility criteria, the reasons for that opinion; and
(d) in the case where they assessed whether the illness, disease, disability or state of decline caused the person enduring physical or psychological suffering that was intolerable to the person and that could not be relieved under conditions that the person considered acceptable and were of the opinion that the person met this eligibility criteria, the nature of the suffering as described by the person.
4 In the case where medical assistance in dying was provided to a person whose natural death was not reasonably foreseeable, an indication by the practitioner of the following:
(a) the date on which they began their assessment of whether the person who made the request for medical assistance in dying met the eligibility criteria or the date on which the other practitioner referred to in paragraph 241.2(3.1)(e) of the Code began that assessment, whichever is earlier; and
(b) the number of days during the period beginning on the date provided under paragraph (a) and ending on the latest of the following dates:
(i) the date on which the practitioner completed their assessment,
(ii) the date on which the other practitioner referred to in paragraph 241.2(3.1)(e) of the Code completed their assessment,
(iii) the date on which the safeguard set out in paragraph 241.2(3.1)(g) of the Code was met, and
(iv) the date on which the safeguard set out in paragraph 241.2(3.1)(h) of the Code was met.
5 An indication by the preliminary assessor or the practitioner of whether the person who made the request for medical assistance in dying required palliative care, if known, and if so,
(a) if the person received palliative care, the type of palliative care they received, how long they received it and the place where it was received, if known; or
(b) if the person did not receive palliative care, an indication of whether, to the best of the knowledge or belief of the preliminary assessor or the practitioner, palliative care was accessible to the person.
6 An indication by the preliminary assessor or the practitioner of whether the person who made the request for medical assistance in dying required disability support services, if known, and if so,
(a) if the person received disability support services, the type of disability support services they received and how long they received them, if known; or
(b) if the person did not receive disability support services, an indication of whether, to the best of the knowledge or belief of the preliminary assessor or the practitioner, disability support services were accessible to the person.
7 An indication by the preliminary assessor or the practitioner of whether or not, taking into account all of the medical circumstances of the person who made the request for medical assistance in dying, their natural death was reasonably foreseeable, if known.
8 In the case where after having determined that the person who made the request for medical assistance in dying met all of the eligibility criteria, the practitioner subsequently determined that a safeguard set out in subsection 241.2(3) or (3.1) of the Code, as the case may be, had not been met, an indication of which safeguard had not been met and the reason they made that determination.
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