PART VIIIOffences Against the Person and Reputation (continued)
Medical Assistance in Dying (continued)
Marginal note:Failure to comply with safeguards
241.3 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply with all of the requirements set out in paragraphs 241.2(3)(b) to (i) and subsection 241.2(8) is guilty of an offence and is liable
(a) on conviction on indictment, to a term of imprisonment of not more than five years; or
(b) on summary conviction, to a term of imprisonment of not more than 18 months.
- 2016, c. 3, s. 3
Marginal note:Filing information — medical practitioner or nurse practitioner
241.31 (1) Unless they are exempted under regulations made under subsection (3), a medical practitioner or nurse practitioner who receives a written request for medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.
Marginal note:Filing information — pharmacist
(2) Unless they are exempted under regulations made under subsection (3), a pharmacist who dispenses a substance in connection with the provision of medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.
(3) The Minister of Health must make regulations that he or she considers necessary
(a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including
(i) the information to be provided, at various stages, by medical practitioners or nurse practitioners and by pharmacists, or by a class of any of them,
(ii) the form, manner and time in which the information must be provided,
(iii) the designation of a person as the recipient of the information, and
(iv) the collection of information from coroners and medical examiners;
(b) respecting the use of that information, including its analysis and interpretation, its protection and its publication and other disclosure;
(c) respecting the disposal of that information; and
(d) exempting, on any terms that may be specified, a class of persons from the requirement set out in subsection (1) or (2).
Marginal note:Guidelines — information on death certificates
(3.1) The Minister of Health, after consultation with representatives of the provincial governments responsible for health, must establish guidelines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assistance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying.
Marginal note:Offence and punishment
(4) A medical practitioner or nurse practitioner who knowingly fails to comply with subsection (1), or a pharmacist who knowingly fails to comply with subsection (2),
Marginal note:Offence and punishment
(5) Everyone who knowingly contravenes the regulations made under subsection (3)
- 2016, c. 3, s. 4
Marginal note:Destruction of documents
(2) Everyone commits an offence who destroys a document that relates to a request for medical assistance in dying with intent to interfere with
(a) another person’s access to medical assistance in dying;
(b) the lawful assessment of a request for medical assistance in dying;
(c) another person invoking an exemption under any of subsections 227(1) or (2), 241(2) to (5) or 245(2); or
(d) the provision by a person of information under section 241.31.
(3) Everyone who commits an offence under subsection (1) or (2) is liable
Marginal note:Definition of document
(4) In subsection (2), document has the same meaning as in section 321.
- 2016, c. 3, ss. 3, 5
Neglect in Child-birth and Concealing Dead Body
Marginal note:Neglect to obtain assistance in child-birth
242 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result thereof or dies immediately before, during or in a short time after birth, as a result thereof, guilty of an indictable offence and is liable to imprisonment for a term not exceeding five years.
- R.S., c. C-34, s. 226
Marginal note:Concealing body of child
243 Every one who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.
- R.S., c. C-34, s. 227
Bodily Harm and Acts and Omissions Causing Danger to the Person
Marginal note:Discharging firearm with intent
244 (1) Every person commits an offence who discharges a firearm at a person with intent to wound, maim or disfigure, to endanger the life of or to prevent the arrest or detention of any person — whether or not that person is the one at whom the firearm is discharged.
(2) Every person who commits an offence under subsection (1) is guilty of an indictable offence and liable
(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of
(b) in any other case, to imprisonment for a term not exceeding 14 years and to a minimum punishment of imprisonment for a term of four years.
Marginal note:Subsequent offences
(3) In determining, for the purpose of paragraph (2)(a), whether a convicted person has committed a second or subsequent offence, if the person was earlier convicted of any of the following offences, that offence is to be considered as an earlier offence:
(a) an offence under this section;
(b) an offence under subsection 85(1) or (2) or section 244.2; or
(c) an offence under section 220, 236, 239, 272 or 273, subsection 279(1) or section 279.1, 344 or 346 if a firearm was used in the commission of the offence.
However, an earlier offence shall not be taken into account if 10 years have elapsed between the day on which the person was convicted of the earlier offence and the day on which the person was convicted of the offence for which sentence is being imposed, not taking into account any time in custody.
Marginal note:Sequence of convictions only
(4) For the purposes of subsection (3), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction.
- R.S., 1985, c. C-46, s. 244
- 1995, c. 39, s. 144
- 2008, c. 6, s. 17
- 2009, c. 22, s. 7
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