Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
1996, c. 16Consequential Amendment to the Department of Public Works and Government Services Act
Marginal note:2007, c. 29, s. 153
712. Section 9.1 of the Department of Public Works and Government Services Act is replaced by the following:
Marginal note:Exception
9.1 Section 9 does not apply to
(a) a department within the meaning of paragraph (c) of the definition “department” in section 2 of the Financial Administration Act; or
(b) the department that is established under section 4 of the Shared Services Canada Act.
Division 562004, c. 2Assisted Human Reproduction Act
Amendments to the Act
713. (1) The definitions “assisted reproduction procedure”, “consent”, “controlled activity”, “health reporting information” and “licence” in section 3 of the Assisted Human Reproduction Act are repealed.
(2) The definition “Agency” in section 3 of the Act is repealed.
714. The Act is amended by adding the following after section 4:
Marginal note:Non-application
4.1 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.
715. The Act is amended by adding the following after section 4.1:
Marginal note:Non-application
4.2 The Food and Drugs Act does not apply in respect of sperm and ova to be used for the purpose of assisted human reproduction.
716. The Act is amended by adding the following after section 9:
Marginal note:Purpose
10. (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease.
Marginal note:Distribution, etc. of gametes
(2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction:
(a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor;
(b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or
(c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother.
Marginal note:Exception
(3) Subsection (2) does not apply if
(a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and
(b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations.
Marginal note:Testing, etc. in respect of gametes
(4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction:
(a) sperm described in paragraph (2)(a);
(b) an ovum described in paragraph (2)(b); or
(c) an ovum described in paragraph (2)(c).
Definition of “common-law partner”
(5) In this section, “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year.
717. Section 10 of the Act and the heading before it are repealed.
718. Section 11 of the Act is repealed.
719. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reimbursement of expenditures
12. (1) No person shall, except in accordance with the regulations,
(2) Paragraph 12(3)(b) of the Act is replaced by the following:
(b) the reimbursement is made in accordance with the regulations.
Marginal note:2004, c. 11, s. 53
720. Sections 13 to 19 of the Act are repealed.
721. Subsection 20(2) of the Act is repealed.
Marginal note:2010, c. 12, s. 1656
722. The heading before section 21 and sections 21 to 39 of the Act are repealed.
723. The heading before section 40 of the Act is replaced by the following:
ADMINISTRATION AND ENFORCEMENT
724. Sections 40 to 43 of the Act are repealed.
725. (1) Subsection 44(1) of the Act is replaced by the following:
Marginal note:Taking measures
44. (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) Subsections 44(2) to (4) of the Act are replaced by the following:
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.
726. The heading before section 45 of the Act is repealed.
727. Section 46 of the Act is replaced by the following:
Marginal note:Designation of inspectors
46. (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.
728. (1) Subsection 47(1) of the Act is replaced by the following:
Marginal note:Entry by inspectors
47. (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.
(2) The portion of subsection 47(2) of the Act before paragraph (b) is replaced by the following:
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;
(3) The portion of subsection 47(3) of the Act before paragraph (b) is replaced by the following:
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;
(4) Paragraph 47(3)(c) of the Act is replaced by the following:
(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;
729. Paragraph 48(2)(b) of the Act is replaced by the following:
(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
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