Assisted Human Reproduction Act

Marginal note:Disclosure of information restricted

• 15 (1) No licensee shall disclose health reporting information for any purpose except

  • (a) with the written consent of the person to whom the information relates allowing its disclosure for that purpose; or

  • (b) in accordance with subsections (2) to (5).

• Marginal note:Disclosure required

  (2) A licensee shall disclose health reporting information

  • (a) to the Agency, to the extent required by the regulations;

  • (b) to the extent required for the administration of a health care insurance plan within the meaning of the Canada Health Act;

  • (c) for the purpose of complying with a subpoena or warrant issued or order made by a court, body or person with jurisdiction to compel the production of information or for the purpose of complying with rules of court relating to the production of information; and

  • (d) to the extent required by the provisions of any federal or provincial law respecting health and safety that are specified in the regulations.

• Marginal note:Transfers between licensees

  (3) A licensee that transfers human reproductive material or an in vitro embryo to another licensee shall disclose to the other licensee the health reporting information in its possession respecting the material or embryo, and respecting the person or persons to whom the material or embryo relates, but the identity of any person — or information that can reasonably be expected to be used in the identification of a person — shall not be disclosed except in the circumstances and to the extent provided by the regulations.

• Marginal note:Agency to be notified

  (3.1) A licensee who transfers an in vitro embryo to another licensee shall notify the Agency of the transfer in accordance with the regulations.

• Marginal note:Information to persons undergoing procedures

  (4) Before performing an assisted reproduction procedure that makes use of human reproductive material or an in vitro embryo, a licensee shall disclose to the person undergoing the procedure the health reporting information in its possession respecting the donor, but the identity of the donor — or information that can reasonably be expected to be used in the identification of the donor — shall not be disclosed without the donor's written consent.

• Marginal note:Research and statistics

  (5) A licensee may disclose health reporting information to an individual or organization for scientific research or statistical purposes, other than the identity of any person — or information that can reasonably be expected to be used in the identification of any person.