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

Marginal note:Warrant to enter dwelling-house

• 48 (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.

Marginal note:Obstruction and false statements

• 49 (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

• 50 (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

• 51 (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).

Marginal note:Forfeiture

• 52 (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.

Marginal note:Search and seizure under warrant

• 53 (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

54 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.

Marginal note:Designation of analysts

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

Marginal note:Analysis and examination

• 56 (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

• 57 (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

58 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.

59 [Repealed before coming into force, 2012, c. 19, s. 733]

Offences

Marginal note:Offence and punishment

60 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.

Marginal note:Offence and punishment

61 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.

Marginal note:Court orders

62 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

63 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

64 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.

Regulations

Marginal note:Regulations of Governor in Council

• 65 (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.