Government of Canada / Gouvernement du Canada
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Assisted Human Reproduction Act

Version of section 40 from 2004-03-29 to 2012-06-28:

The following provision is not in force.

Marginal note:Issuance of licence for controlled activity

  •  (1) The Agency may, in accordance with the regulations, issue a licence to any person having the qualifications provided under the regulations, authorizing the person to undertake any controlled activity specified in the licence.

  • Marginal note:Use of in vitro embryo

    (2) A licence authorizing the use of an in vitro embryo for the purpose of research may be issued only if the Agency is satisfied that the use is necessary for the purpose of the proposed research.

  • Marginal note:Clinical trials

    (3) The number of licences that the Agency considers sufficient may be issued in respect of clinical trials of a controlled activity.

  • Marginal note:Written consent required

    (3.1) The Agency shall not issue a licence under subsection (1) for embryonic stem cell research unless it has received the written consent of the original gamete providers and the embryo provider in accordance with the Human Pluripotent Stem Cell Research Guidelines released by the Canadian Institutes of Health Research in March, 2002, as specified in the regulations.

  • Marginal note:Responsible individual

    (4) If a person to whom a licence is issued is not an individual, the licence must designate an individual as the person responsible for compliance with this Act, but that designation does not affect the responsibility of the licensee or any other individual under this Act.

  • Marginal note:Issuance of facility licences

    (5) The Agency may, in accordance with the regulations, issue a licence to the owner or operator of any premises permitting the use of those premises for a controlled activity undertaken by persons to whom a licence has been issued under subsection (1).

  • Marginal note:Terms and conditions

    (6) The Agency may, in accordance with the regulations, attach terms and conditions to a licence at the time of issuing the licence or at any time after that.

  • Marginal note:Cost recovery prohibited

    (7) The Agency may not apply a policy of cost recovery to the issuance of licences.

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