730. Subsection 51(1) of the Act is replaced by the following:
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.
731. Subsection 52(3) of the Act is replaced by the following:
(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.
732. Sections 54 and 55 of the Act are replaced by the following:
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.
733. Sections 58 and 59 of the Act are replaced by the following:
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.
734. The portion of section 60 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
60. A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and
735. The portion of section 61 of the Act before paragraph (a) is replaced by the following:
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
736. Section 64 of the Act is replaced by the following:
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.
737. (1) Paragraphs 65(1)(c) to (e) of the Act are replaced by the following:
(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;
(2) Paragraphs 65(1)(f) to (m) of the Act are repealed.
(3) Paragraphs 65(1)(n) to (q) of the Act are replaced by the following:
(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;
(4) Paragraphs 65(1)(r) to (w) of the Act are replaced by the following:
(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;
(5) Paragraph 65(1)(y) of the English version of the Act is replaced by the following:
(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;
(6) Paragraphs 65(1)(z) to (z.2) of the Act are replaced by the following:
(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.
738. The heading before section 68 and sections 68 to 71 of the Act are repealed.
739. Section 76 of the Act and the heading before it are repealed.
Coming into Force of a Provision of the Assisted Human Reproduction Act
Marginal note:Royal assent
741. The following definitions apply in sections 742 to 745.
« Agence »
“Agency” means the Assisted Human Reproduction Agency of Canada established by subsection 21(1) of the Assisted Human Reproduction Act.
« Sa Majesté »
“Her Majesty” means Her Majesty in right of Canada.
Marginal note:Appointments terminated
742. (1) The members of the board of directors of the Agency cease to hold office on the coming into force of this subsection.
Marginal note:No compensation
(2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the board of directors of the Agency, other than the President, has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.
Marginal note:Employees of Agency
743. Any employee of the Agency who has been advised that they will be laid off in accordance with subsection 64(1) of the Public Service Employment Act is, for the purpose of any workforce adjustment measure taken with respect to them, transferred to the Department of Health on the day on which section 722 comes into force.
Marginal note:Rights and obligations transferred
744. (1) All rights and property held by or in the name of or in trust for the Agency and all obligations and liabilities of the Agency are deemed to be rights, property, obligations and liabilities of Her Majesty.
(2) Every reference to the Agency in any deed, contract or other document executed by the Agency in its own name is, unless the context otherwise requires, to be read as a reference to Her Majesty.
Marginal note:Closing out affairs
(3) The Minister of Health may do and perform all acts and things necessary for and incidental to closing out the affairs of the Agency.
Marginal note:Commencement of legal proceedings
745. (1) Any action, suit or other legal proceeding in respect of an obligation or liability incurred by the Agency, or by the Minister of Health in closing out the affairs of the Agency, may be brought against Her Majesty in any court that would have had jurisdiction if the action, suit or proceeding had been brought against the Agency.
Marginal note:Continuation of legal proceedings
(2) Any action, suit or other legal proceeding to which the Agency is party pending in any court on the coming into force of this section may be continued by or against Her Majesty in the same manner and to the same extent as it could have been continued by or against the Agency.
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