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Version of document from 2012-06-29 to 2012-09-29:

Assisted Human Reproduction Act

S.C. 2004, c. 2

Assented to 2004-03-29

An Act respecting assisted human reproduction and related research

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

Short Title

Marginal note:Short title

 This Act may be cited as the Assisted Human Reproduction Act.

Principles

Marginal note:Declaration

 The Parliament of Canada recognizes and declares that

  • (a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use;

  • (b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research;

  • (c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies;

  • (d) the principle of free and informed consent must be promoted and applied as a fundamental condition of the use of human reproductive technologies;

  • (e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status;

  • (f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and

  • (g) human individuality and diversity, and the integrity of the human genome, must be preserved and protected.

Interpretation and Application

Marginal note:Definitions

 The following definitions apply in this Act.

Agency

Agence

Agency means the Assisted Human Reproduction Agency of Canada established by subsection 21(1). (Agence)

assisted reproduction procedure

assisted reproduction procedure[Repealed, 2012, c. 19, s. 713]

chimera

chimère

chimera means

  • (a) an embryo into which a cell of any non-human life form has been introduced; or

  • (b) an embryo that consists of cells of more than one embryo, foetus or human being. (chimère)

consent

consent[Repealed, 2012, c. 19, s. 713]

controlled activity

controlled activity[Repealed, 2012, c. 19, s. 713]

donor

donneur

donor means

  • (a) in relation to human reproductive material, the individual from whose body it was obtained, whether for consideration or not; and

  • (b) in relation to an in vitro embryo, a donor as defined in the regulations. (donneur)

embryo

embryon

embryo means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being. (embryon)

foetus

foetus

foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation, excluding any time during which its development has been suspended, and ending at birth. (foetus)

gene

gène

gene includes a nucleotide sequence, and an artificially created gene or nucleotide sequence. (gène)

genome

génome

genome means the totality of the deoxyribonucleic acid sequence of a particular cell. (génome)

health reporting information

health reporting information[Repealed, 2012, c. 19, s. 713]

human clone

clone humain

human clone means an embryo that, as a result of the manipulation of human reproductive material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single — living or deceased — human being, foetus or embryo. (clone humain)

human reproductive material

matériel reproductif humain

human reproductive material means a sperm, ovum or other human cell or a human gene, and includes a part of any of them. (matériel reproductif humain)

hybrid

hybride

hybridmeans

  • (a) a human ovum that has been fertilized by a sperm of a non-human life form;

  • (b) an ovum of a non-human life form that has been fertilized by a human sperm;

  • (c) a human ovum into which the nucleus of a cell of a non-human life form has been introduced;

  • (d) an ovum of a non-human life form into which the nucleus of a human cell has been introduced; or

  • (e) a human ovum or an ovum of a non-human life form that otherwise contains haploid sets of chromosomes from both a human being and a non-human life form. (hybride)

in vitro embryo

embryon in vitro

in vitro embryo means an embryo that exists outside the body of a human being. (embryon in vitro)

licence

licence[Repealed, 2012, c. 19, s. 713]

Minister

ministre

Minister means the Minister of Health. (ministre)

ovum

ovule

ovum means a human ovum, whether mature or not. (ovule)

sperm

spermatozoïde

sperm means a human sperm, whether mature or not. (spermatozoïde)

surrogate mother

mère porteuse

surrogate mother means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. (mère porteuse)

  • 2004, c. 2, s. 3
  • 2012, c. 19, s. 713

Marginal note:Her Majesty bound

 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Non-application

 The Human Pathogens and Toxins Act does not apply in respect of sperm, ova and in vitro embryos to be used for the purpose of assisted human reproduction.

  • 2012, c. 19, s. 714

Prohibited Activities

Marginal note:Prohibited procedures

  •  (1) No person shall knowingly

    • (a) create a human clone by using any technique, or transplant a human clone into a human being or into any non-human life form or artificial device;

    • (b) create an in vitro embryo for any purpose other than creating a human being or improving or providing instruction in assisted reproduction procedures;

    • (c) for the purpose of creating a human being, create an embryo from a cell or part of a cell taken from an embryo or foetus or transplant an embryo so created into a human being;

    • (d) maintain an embryo outside the body of a female person after the fourteenth day of its development following fertilization or creation, excluding any time during which its development has been suspended;

    • (e) for the purpose of creating a human being, perform any procedure or provide, prescribe or administer any thing that would ensure or increase the probability that an embryo will be of a particular sex, or that would identify the sex of an in vitro embryo, except to prevent, diagnose or treat a sex-linked disorder or disease;

    • (f) alter the genome of a cell of a human being or in vitro embryo such that the alteration is capable of being transmitted to descendants;

    • (g) transplant a sperm, ovum, embryo or foetus of a non-human life form into a human being;

    • (h) for the purpose of creating a human being, make use of any human reproductive material or an in vitro embryo that is or was transplanted into a non-human life form;

    • (i) create a chimera, or transplant a chimera into either a human being or a non-human life form; or

    • (j) create a hybrid for the purpose of reproduction, or transplant a hybrid into either a human being or a non-human life form.

  • Marginal note:Offers

    (2) No person shall offer to do, or advertise the doing of, anything prohibited by this section.

  • Marginal note:Payment for prohibited act

    (3) No person shall pay or offer to pay consideration to any person for doing anything prohibited by this section.

Marginal note:Payment for surrogacy

  •  (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid.

  • Marginal note:Acting as intermediary

    (2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.

  • Marginal note:Payment to intermediaries

    (3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it.

  • Marginal note:Surrogate mother — minimum age

    (4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age.

  • Marginal note:Validity of agreement

    (5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother.

Marginal note:Purchase of gametes

  •  (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor.

  • Marginal note:Purchase or sale of embryos

    (2) No person shall

    • (a) purchase, offer to purchase or advertise for the purchase of an in vitro embryo; or

    • (b) sell, offer for sale or advertise for sale an in vitro embryo.

  • Marginal note:Purchase of other reproductive material

    (3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose.

  • Marginal note:Exchanges included

    (4) In this section, “purchase” or “sell” includes to acquire or dispose of in exchange for property or services.

Marginal note:Use of reproductive material without consent

  •  (1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its use for that purpose.

  • Marginal note:Posthumous use without consent

    (2) No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose.

  • Marginal note:Use of in vitro embryo without consent

    (3) No person shall make use of an in vitro embryo for any purpose unless the donor has given written consent, in accordance with the regulations, to its use for that purpose.

Marginal note:Gametes obtained from minor

 No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor.

 [Repealed, 2012, c. 19, s. 717]

 [Repealed, 2012, c. 19, s. 718]

Marginal note:Reimbursement of expenditures

  •  (1) No person shall, except in accordance with the regulations,

    • (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum;

    • (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or

    • (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy.

  • Marginal note:Receipts

    (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure.

  • Marginal note:No reimbursement

    (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless

    • (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and

    • (b) the reimbursement is made in accordance with the regulations.

  • 2004, c. 2, s. 12
  • 2012, c. 19, s. 719

 [Repealed, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

 [Repealed before coming into force, 2012, c. 19, s. 720]

Responsibility of Minister

Marginal note:Assisted human reproduction policy

  •  (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

  •  (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

 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

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

Marginal note:Powers of Agency

  •  (1) The Agency may

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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;

    • The following provision is not in force.

      (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.

Marginal note:Policy directions

  •  (1) The Minister may issue policy directions to the Agency concerning the exercise of any of its powers, and the Agency shall give effect to directions so issued.

  • Marginal note:Exception

    (2) Policy directions issued by the Minister may not affect a matter that is before the Agency at the time they are issued and that relates to a particular person.

  • Marginal note:Statutory Instruments Act

    (3) Policy directions issued by the Minister are not a statutory instrument for the purposes of the Statutory Instruments Act.

Marginal note:Board of directors

  •  (1) There shall be a board of directors of the Agency consisting of not more than 12 members, including a Chairperson and the President of the Agency.

  • Marginal note:Appointment criteria

    (2) The membership of the board of directors must reflect a range of backgrounds and disciplines relevant to the Agency's objectives.

  • Marginal note:Part-time service

    (3) The members of the board of directors shall perform their duties and functions on a part-time basis.

  • Marginal note:Term of office

    (4) A member of the board shall be appointed by the Governor in Council for a term not exceeding three years. Each initial member of the board shall be appointed to hold office for a term that will ensure, so far as possible, the expiry in any one year of the terms of office of not more than one third of the members.

  • Marginal note:Removal and reappointment

    (5) A member of the board shall be appointed to hold office during pleasure, and is eligible for reappointment.

  • Marginal note:Continuation in office

    (6) If no successor is appointed to take office on the expiry of a member's term of appointment, the member continues in office until a successor is appointed.

  • Marginal note:Provisions not applicable

    (7) Subsections (3) to (6) do not apply to the Chairperson or the President.

  • Marginal note:Persons not eligible to be directors

    (8) A person is not eligible to be a member of the board of directors if they hold a licence or are an applicant for a licence or a director, officer, shareholder or partner of a licensee or applicant for a licence.

  • 2004, c. 2, s. 26
  • 2010, c. 12, s. 1656

Marginal note:Meetings

 The board of directors may determine the times and the places in Canada of its meetings, but it shall meet at least twice a year.

Marginal note:Participation of deputy ministers

 The Deputy Minister of Health, or an alternate designated by the Deputy Minister of Health, and a person nominated by the deputy ministers of the departments responsible for health in the provinces from among their number, or an alternate so nominated, are entitled to attend meetings of the board of directors and speak to any matter under consideration at the meeting.

Marginal note:Members of the board

 Each member of the board of directors, except the President of the Agency,

  • (a) shall be paid the remuneration fixed by the Governor in Council for attendance at meetings of the board of directors or any of its committees or for the performance of other duties;

  • (b) is deemed to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and the regulations made under section 9 of the Aeronautics Act; and

  • (c) is entitled to be reimbursed for reasonable travel and living expenses incurred by the member in the course of performing their duties while absent from their ordinary place of residence.

Marginal note:Management of Agency

 The board of directors is responsible for the overall management of the Agency, including

  • (a) the provision of advice to the Minister on assisted human reproduction and other matters to which this Act applies, or on any matter referred to the Agency by the Minister;

  • (b) the approval of the Agency's goals and operational policies;

  • (c) the approval of the Agency's budget; and

  • (d) the evaluation of the Agency's performance.

Marginal note:By-laws

 The board of directors may, with the approval of the Governor in Council, make by-laws for the regulation of its proceedings and generally for the conduct of its activities.

Marginal note:Delegation

  •  (1) Subject to subsection (2), the board of directors may, by by-law, delegate any of the Agency's powers and duties to a committee of the board or the President, including powers and duties under sections 44, 46, 52, 54, 55, 58, 59 and 64.

  • Marginal note:Exceptions

    (2) The board of directors may not delegate its powers under section 40, 41 or 42 or any of its powers or duties with respect to the provision of advice to the Minister, the approval of the Agency's goals and operational policies, the approval of its budget and the making of by-laws.

Marginal note:Advisory panels

  •  (1) The board of directors may, by by-law, establish advisory panels to examine, report on and make recommendations with respect to any issue referred to the panels by the board.

  • Marginal note:Outside members

    (2) A by-law establishing an advisory panel may provide for the inclusion of persons who are not members of the board.

  • Marginal note:Fees

    (3) Members of an advisory panel who are not members of the board may be paid remuneration for their services as fixed by the Agency's by-laws.

Marginal note:Appointment of Chairperson

  •  (1) The Chairperson of the board of directors shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than three years, and is eligible for reappointment.

  • Marginal note:Functions of Chairperson

    (2) The Chairperson shall preside at meetings of the board of directors, and may exercise the powers and shall perform the duties assigned by the Agency's by-laws.

Marginal note:Election of Vice-Chairperson

  •  (1) The board of directors shall elect one of its members to be Vice-Chairperson.

  • Marginal note:Replacing Chairperson

    (2) In the event of the absence or incapacity of the Chairperson or a vacancy in that office, the Vice-Chairperson may exercise the powers and shall perform the duties of the Chairperson.

Marginal note:Appointment of President

  •  (1) The President of the Agency shall be appointed by the Governor in Council to hold office during pleasure for a term of not more than five years, and is eligible for reappointment.

  • Marginal note:Chief executive officer

    (2) The President is the chief executive officer of the Agency and has supervision over and direction of the work and staff of the Agency, and may exercise the powers and shall perform the duties assigned by the Agency's by-laws.

  • Marginal note:Delegation

    (3) The President may delegate to any officer of the Agency any power conferred or duty imposed on the President by or under this or any other Act.

  • Marginal note:Acting President

    (4) In the event of the absence or incapacity of the President or a vacancy in that office, the board of directors may authorize an officer of the Agency to act as President, but no person may act as President for a period exceeding 90 days without the approval of the Governor in Council.

Marginal note:President's pay and benefits

 The President

  • (a) shall be paid the remuneration fixed by the Governor in Council; and

  • (b) is entitled to be reimbursed for reasonable travel and living expenses incurred by the President in the course of performing duties while absent from the President's ordinary place of work.

Marginal note:Exercise of powers by officers and employees

 An officer or employee of the Agency may exercise any power and perform any duty of the Agency if the officer or employee is appointed to serve in a capacity appropriate to the exercise of the power or performance of the duty.

Marginal note:Contracts and arrangements

  •  (1) The Agency may enter into contracts, agreements, memoranda of understanding and other arrangements with a department or agency of the Government of Canada, with any other government or any of its agencies or with any person or organization, either in its own name or in the name of Her Majesty in right of Canada.

  • Marginal note:Title to property

    (2) Property acquired by the Agency is property of Her Majesty in right of Canada, and title to it may be held in the Agency's name or in Her Majesty's name.

  • Marginal note:Legal proceedings

    (3) Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency in any court that would have jurisdiction if the Agency were not an agent of Her Majesty.

Administration

 [Repealed before coming into force, 2012, c. 19, s. 724]

 [Repealed before coming into force, 2012, c. 19, s. 724]

 [Repealed before coming into force, 2012, c. 19, s. 724]

 [Repealed before coming into force, 2012, c. 19, s. 724]

Marginal note:Taking measures

  •  (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention.

  • (2) and (3) [Repealed, 2012, c. 19, s. 725]

  • Marginal note:Personal liability

    (4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith.

  • Marginal note:Exception

    (5) Subsection (4) does not apply to a person who has committed a contravention of this Act.

  • Marginal note:Statutory Instruments Act

    (6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act.

  • 2004, c. 2, s. 44
  • 2012, c. 19, s. 725

Inspection and Enforcement

Marginal note:Definitions

 The following definitions apply in sections 47 to 62 and 65.

information

information means information that is recorded in any form. (document)

material

material means an embryo or part of one, a foetus or part of one or any human reproductive material outside the body of a human being, or any other thing. (matériel)

Marginal note:Designation of inspectors

  •  (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act.

  • Marginal note:Certificates to be produced

    (2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance.

  • 2004, c. 2, s. 46
  • 2012, c. 19, s. 727

Marginal note:Entry by inspectors

  •  (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies.

  • Marginal note:Inspection

    (2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1),

    • (a) examine any material or information that is relevant to that purpose;

    • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any such material or information;

    • (c) open and examine any receptacle or package that the inspector believes on reasonable grounds contains such material or information;

    • (d) take, or require any person in the place or conveyance to produce, a sample of such material; and

    • (e) conduct any test or analysis or take any measurement of such material.

  • Marginal note:Examination of information

    (3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1),

    • (a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose;

    • (b) require any person to produce such books, documents or other records for examination or copying;

    • (c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system;

    • (d) reproduce such information in the form of a printout or other intelligible output for examination or copying; and

    • (e) use or cause to be used any copying equipment.

  • Marginal note:Assistance and information to inspector

    (4) The owner or person in charge of a place entered by an inspector under subsection (1) and every person found in that place shall give the inspector all reasonable assistance and furnish them with any information that they may reasonably require.

  • 2004, c. 2, s. 47
  • 2012, c. 19, s. 728

Marginal note:Warrant to enter dwelling-house

  •  (1) Where a place referred to in subsection 47(1) is a dwelling-house, an inspector may not enter it without the consent of the occupant, except under the authority of a warrant issued under subsection (2).

  • Marginal note:Authority to issue warrant

    (2) If, on ex parte application, a justice of the peace is satisfied by information on oath that

    • (a) the conditions for entry described in subsection 47(1) exist in relation to a dwelling-house,

    • (b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and

    • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused,

    the justice of the peace may issue a warrant authorizing the inspector named in it to enter the dwelling-house, subject to any conditions that may be specified in the warrant.

  • Marginal note:Use of force

    (3) In executing a warrant issued under subsection (2), the inspector named in it shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • 2004, c. 2, s. 48
  • 2012, c. 19, s. 729

Marginal note:Obstruction and false statements

  •  (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector engaged in carrying out duties under this Act.

  • Marginal note:Interference

    (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with material or information seized under this Act.

Marginal note:Seizure by inspector

  •  (1) An inspector who enters a place or conveyance under section 47 may seize any material or information by means of which, or in relation to which, the inspector believes on reasonable grounds this Act has been contravened.

  • Marginal note:Storage and removal

    (2) An inspector may direct that seized material or information be kept or stored in the place where it was seized or be removed to any other proper place.

Marginal note:Application for restoration

  •  (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so.

  • Marginal note:Order of restoration

    (2) The provincial court judge may order that seized material or information be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

    • (a) the applicant is entitled to possession of it; and

    • (b) it will not be required as evidence in any proceedings under this Act.

  • Marginal note:Order of later restoration

    (3) If, on hearing an application, a provincial court judge is satisfied that the applicant is entitled to possession of seized material or information but is not satisfied as regards paragraph (2)(b), the judge may order that the material or information be restored to the applicant

    • (a) on the expiry of 180 days after the date of the seizure if no proceedings under this Act have been commenced before that time; or

    • (b) on the final conclusion of proceedings under this Act.

  • Marginal note:Exception

    (4) A provincial court judge may not make an order for the restoration of material or information if it has been forfeited by consent under subsection 52(2).

  • 2004, c. 2, s. 51
  • 2012, c. 19, s. 730

Marginal note:Forfeiture

  •  (1) If no application is made under subsection 51(1) for the restoration of seized material or information within 60 days after the date of the seizure, or an application has been made but on the hearing of the application no order of restoration is made, the material or information is forfeited to Her Majesty.

  • Marginal note:Forfeiture with consent

    (2) Where an inspector has seized material or information and the owner or the person in whose possession it was at the time of the seizure consents in writing to its forfeiture, the material or information is forfeited to Her Majesty.

  • Marginal note:Disposal

    (3) Subject to section 54, an inspector may dispose of material or information forfeited to Her Majesty in any manner that the designated officer, as defined in the regulations, directs.

  • 2004, c. 2, s. 52
  • 2012, c. 19, s. 731

Marginal note:Search and seizure under warrant

  •  (1) An inspector is a public officer for the purposes of the application of section 487 of the Criminal Code in respect of an offence under this Act.

  • Marginal note:Where warrant not necessary

    (2) An inspector may exercise without a warrant any of the powers conferred by virtue of subsection (1) if the conditions for obtaining a warrant exist but, by reason of exigent circumstances, it would not be practicable to obtain a warrant.

Marginal note:Maintaining viable gametes and embryos

 The designated officer, as defined in the regulations, shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code. Any further measures shall be consistent with the consent of the donor or, if the consent cannot be obtained, shall be in accordance with the regulations.

  • 2004, c. 2, s. 54
  • 2012, c. 19, s. 732

Marginal note:Designation of analysts

 The Minister may designate any person as an analyst for the purpose of the administration and enforcement of this Act.

  • 2004, c. 2, s. 55
  • 2012, c. 19, s. 732

Marginal note:Analysis and examination

  •  (1) An inspector may submit to an analyst, for analysis or examination, any material or information seized by the inspector.

  • Marginal note:Certificate or report

    (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

Marginal note:Certificate of analyst

  •  (1) Subject to subsections (2) and (3), in any prosecution for an offence under this Act, a certificate purporting to be signed by an analyst, stating that any material or information has been analysed or examined by the analyst and stating the results of the analysis or examination, is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Requiring attendance of analyst

    (2) The party against whom a certificate of an analyst is produced under subsection (1) may, with leave of the court, require the attendance of the analyst for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce certificate

    (3) No certificate shall be admitted in evidence under subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.

Marginal note:Agreements for enforcement

 The Minister may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the administration and enforcement of this Act.

  • 2004, c. 2, s. 58
  • 2012, c. 19, s. 733

 [Repealed before coming into force, 2012, c. 19, s. 733]

Offences

Marginal note:Offence and punishment

 A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and

  • (a) is liable, on conviction on indictment, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding ten years, or to both; or

  • (b) is liable, on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding four years, or to both.

  • 2004, c. 2, s. 60
  • 2012, c. 19, s. 734

Marginal note:Offence and punishment

 A person who contravenes any provision of this Act — other than any of sections 5 to 7 and 9 — or of the regulations or an order made under subsection 44(1) is guilty of an offence and

  • (a) is liable, on conviction on indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding five years, or to both; or

  • (b) is liable, on summary conviction, to a fine not exceeding $100,000 or to imprisonment for a term not exceeding two years, or to both.

  • 2004, c. 2, s. 61
  • 2012, c. 19, s. 735

Marginal note:Court orders

 A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may

  • (a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or

  • (b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court’s opinion, may lead to the commission of an offence under this Act.

Marginal note:Consent of Attorney General

 A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada.

Marginal note:Notice to interested authorities

 The Minister may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct.

  • 2004, c. 2, s. 64
  • 2012, c. 19, s. 736

Regulations

Marginal note:Regulations of Governor in Council

  •  (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations

    • (a) defining donor, in relation to an in vitro embryo;

    • (b) for the purposes of section 8, respecting the giving of consent for the use of human reproductive material or an in vitro embryo or for the removal of human reproductive material;

    • (c) respecting the tests to be conducted in respect of sperm and ova described in any of paragraphs 10(2)(a) to (c), and the obtaining, preparation, preservation, quarantining, identification, labelling and storage of, and the assessment of the quality of, the sperm and ova;

    • (d) respecting the testing and screening of, and the assessment of the suitability of, donors described in paragraph 10(3)(b);

    • (d.1) respecting the disposition of sperm and ova described in any of paragraphs 10(2)(a) to (c);

    • (d.2) respecting the tracing of sperm and ova described in any of paragraphs 10(2)(a) to (c), including regulations that require

      • (i) measures to be taken to identify persons who have distributed, made use of or imported the sperm or ova for the purpose of assisted human reproduction, or who are storing any of them for that purpose,

      • (ii) the communication of information to the persons referred to in subparagraph (i), to the donors of the sperm and ova and to the persons who have undergone assisted human reproduction procedures in which the sperm or ova were used,

      • (iii) measures to be taken to determine the nature, cause and extent of the risks to human health and safety, and

      • (iv) measures to be taken in respect of the sperm and ova to reduce those risks;

    • (d.3) respecting the reporting to the Minister of information with respect to an activity described in section 10;

    • (e) respecting the reimbursement of expenditures for the purposes of subsection 12(1), including providing for the expenditures that may be reimbursed;

    • (e.1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income;

    • (f) to (m) [Repealed, 2012, c. 19, s. 737]

    • (n) respecting the creation and maintenance of records by any person who

      • (i) engages in an activity for which written consent is required under section 8,

      • (ii) engages in an activity described in section 10, or

      • (iii) makes a reimbursement under section 12;

    • (o) to (q) [Repealed, 2012, c. 19, s. 737]

    • (r) authorizing the Minister, in the manner set out in the regulations, to require any person described in paragraph (n) to provide to the Minister any records that the person is required by the regulations to create or maintain, and any additional information related to the activity described in subparagraph (n)(i), (ii) or (iii), and requiring that person to provide to the Minister those records and that information within the time and in the manner set out in the regulations;

    • (s) to (w) [Repealed, 2012, c. 19, s. 737]

    • (x) respecting the treatment and disposition of material or information seized under this Act or the Criminal Code;

    • (y) for the purposes of subsection 51(1), prescribing the information to be contained in the notice and the time and manner of sending it;

    • (z) respecting the further measures referred to in section 54;

    • (z.1) respecting the giving of consent for the purposes of section 54;

    • (z.2) defining designated officer for the purposes of subsection 52(3) and section 54;

    • (z.3) exempting any person from the application of section 10, conditionally or unconditionally, in the circumstances provided for in the regulations; and

    • (z.4) exempting from the application of subsection 12(2), conditionally or unconditionally, in the circumstances provided for in the regulations, any person who reimburses expenditures referred to in the regulations.

  • Marginal note:Incorporation by reference

    (2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time.

  • Marginal note:Documents in one language

    (3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version.

  • Marginal note:Statutory Instruments Act

    (4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference.

  • 2004, c. 2, s. 65
  • 2012, c. 19, s. 737

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.

 [Repealed, 2012, c. 19, s. 738]

 [Repealed, 2012, c. 19, s. 738]

 [Repealed, 2012, c. 19, s. 738]

 [Repealed, 2012, c. 19, s. 738]

Consequential Amendments

Access to Information Act

 [Amendment]

 [Amendment]

Financial Administration Act

 [Amendment]

Privacy Act

 [Amendment]

 [Repealed before coming into force, 2012, c. 19, s. 739]

Public Service Superannuation Act

 [Amendment]

Coming into Force

Marginal note:Order of Governor in Council

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

  • Return to footnote *[Note: Act, other than sections 8, 12, 14 to 19, 21 to 59, 72 and 74 to 77, in force April 22, 2004, see SI/2004-49; sections 21 to 24, other than paragraphs 24(1)(a), (e) and (g), sections 25 to 39, 72, 74, 75 and 77 in force January 12, 2006, see SI/2005-42; section 8 in force December 1, 2007, see SI/2007-67; section 44 in force June 29, 2012, see 2012, c. 19, s. 740.]

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