Consent for Use of Human Reproductive Material and In Vitro Embryos Regulations (SOR/2007-137)

Interpretation

• 1 (1) The following definitions apply in these Regulations.

  Act

  Act means the Assisted Human Reproduction Act. (Loi)

  common-law partner

  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. (conjoint de fait)

  third party

  third party means

  • (a) in relation to human reproductive material,

    • (i) an individual who is not the donor of the human reproductive material or the spouse or common-law partner of that donor, or

    • (ii) a couple in respect of whom neither spouse or common-law partner is the donor of the human reproductive material; and

  • (b) in relation to an in vitro embryo,

    • (i) an individual who is not the donor of the in vitro embryo under subsection 10(1), or

    • (ii) a couple who is not the donor of the in vitro embryo under subsection 10(1). (tiers)

• (2) In these Regulations, the term spouse does not include a person who, at the relevant time, lives separate and apart from the person to whom they are married because of the breakdown of their marriage.

• (3) For the purpose of these Regulations, the written consent of a donor must be signed by the donor and attested by a witness.

PART 1Consent Given Under Subsection 8(1) of the Act

2 This Part applies in respect of a consent given under subsection 8(1) of the Act to make use of human reproductive material for the purpose of creating an embryo.

3 Before a person makes use of human reproductive material for the purpose of creating an embryo, the person shall have a document signed by the donor of the material stating that, before consenting to the use of the material, the donor was informed in writing that

• (a) subject to paragraph (b), the human reproductive material will be used in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

  • (i) the donor’s own reproductive use,

  • (ii) following the donor’s death, the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

  • (iii) the reproductive use of a third party,

  • (iv) improving assisted reproduction procedures, or

  • (v) providing instruction in assisted reproduction procedures;

• (b) if the human reproductive material is to be removed from the donor’s body after the donor’s death, the material will be used in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

  • (i) the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

  • (ii) improving assisted reproduction procedures, or

  • (iii) providing instruction in assisted reproduction procedures;

• (c) if the donor wishes to withdraw their consent, the withdrawal must be in writing;

• (d) the withdrawal is effective only if the person who intends to make use of the human reproductive material is notified in writing of the withdrawal

  • (i) in the case of human reproductive material to be used to create an embryo for a purpose mentioned in paragraph (a) or (b), other than subparagraph (a)(iii), before the material is used, and

  • (ii) in the case of human reproductive material to be used to create an embryo for the purpose mentioned in subparagraph (a)(iii),

    • (A) before the third party acknowledges in writing that the material has been obtained for their reproductive use, or

    • (B) if the material to be used has not yet been removed or collected but the third party has acknowledged in writing that the material is to be obtained for their reproductive use, before the removal or collection;

• (e) the number of in vitro embryos created with the human reproductive material may be in excess of the immediate reproductive needs of the individual or couple for whom they were created;

• (f) if the human reproductive material is used to create in vitro embryos for a third party’s reproductive use and there are in vitro embryos in excess of the third party’s reproductive needs, the excess in vitro embryos will be used in accordance with the third party’s consent and, if the use is providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research, the consent of the donor in accordance with section 4 or 4.1;

• (g) if the human reproductive material is used to create in vitro embryos for the reproductive use of the person who, at the time of the donor’s death, is the donor’s spouse or common-law partner and there are in vitro embryos in excess of the spouse or common-law partner’s reproductive needs, the excess in vitro embryos will be used in accordance with the spouse or common-law partner’s consent and, if the use is providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research, the consent of the donor in accordance with section 4 or 4.1;

• (h) if the human reproductive material is used to create in vitro embryos for the reproductive use of a third party who is a couple, along with human reproductive material from an individual who is a spouse or common law partner in the couple, the use of the in vitro embryos will be subject to the consent of that individual alone if, prior to the use of the in vitro embryos, the individual is no longer a spouse or common-law partner in the couple; and

• (i) if the donor consents to the human reproductive material being used to create an in vitro embryo for the purpose of providing instruction in assisted reproduction procedures or improving assisted reproduction procedures, no additional consent from the donor is required to permit the use of the embryo for that purpose.

• 4 (1) Before a person makes use of human reproductive material for the purpose of creating an embryo, the person shall have the written consent of the donor of the material stating that the material may be used for one or more of the following purposes:

  • (a) the donor’s own reproductive use;

  • (b) following the donor’s death, the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner;

  • (c) the reproductive use of a third party;

  • (d) improving assisted reproduction procedures; or

  • (e) providing instruction in assisted reproduction procedures.

• (2) A donor’s consent stating that the donor’s human reproductive material may be used for a purpose mentioned in paragraph (1)(b) or (c) shall also state whether any in vitro embryos that are not required for that purpose may be used for providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research.

4.1 Despite sections 3 and 4, if a person who makes use of human reproductive material for the purpose of creating an embryo cannot obtain the written consent of the donor for that use because the material was donated on the condition of anonymity, the person shall have instead, before making use of that material, a document signed by the person who originally obtained consent from the donor, attesting to the following:

• (a) that the donor provided a signed document stating that they had been informed, in writing, of the information set out in section 3 prior to consenting to the use of their human reproductive material;

• (b) that the donor gave written consent to the use of their human reproductive material for the purpose of creating an embryo for the purposes referred to in paragraph (c);

• (c) the purposes indicated in the written consent of the donor; and

• (d) if the donor provided consent to the use of their human reproductive material for the purpose of creating embryos for the reproductive use of a third party, stating whether the donor consented that any in vitro embryos that are not required for that purpose may be used for providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research.

• 5 (1) If a donor wishes to withdraw their consent, the withdrawal must be in writing.

• (2) The withdrawal is effective only if the person who intends to make use of the human reproductive material is notified in writing of the withdrawal

  • (a) in the case of human reproductive material to be used to create an embryo for a purpose mentioned in paragraph 4(1)(a), (b), (d) or (e), before the material is used; and

  • (b) in the case of human reproductive material to be used to create an embryo for the purpose mentioned in paragraph 4(1)(c)

    • (i) before the third party acknowledges in writing that the material has been obtained for their reproductive use, or

    • (ii) if the material to be used has not yet been removed or collected but the third party has acknowledged in writing that the material is to be obtained for their reproductive use, before the removal or collection.

PART 2Consent Given Under Subsection 8(2) of the Act

6 This Part applies in respect of a consent given under subsection 8(2) of the Act to remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo.

7 Before a person removes human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo, the person shall have a document signed by the donor stating that, before consenting to the removal, the donor was informed in writing that

• (a) the human reproductive material will be removed in accordance with the donor’s consent to create an embryo for one or more of the following purposes, namely,

  • (i) the reproductive use of the person who is, at the time of the donor’s death, the donor’s spouse or common-law partner,

  • (ii) improving assisted reproduction procedures, or

  • (iii) providing instruction in assisted reproduction procedures;

• (b) if the donor wishes to withdraw their consent, the withdrawal must be in writing;

• (c) the withdrawal is effective only if the person who intends to remove the human reproductive material is notified in writing of the withdrawal before the removal of the material; and

• (d) human reproductive material removed from the donor cannot be used for a purpose mentioned in paragraph (a) unless the person who intends to make use of the material has the donor’s written consent under Part 1 respecting the use of the material.

8 Before a person removes human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo, the person shall have the donor’s written consent respecting the removal of the material and the donor’s written consent under Part 1 respecting the use of the material.

• 9 (1) If a donor wishes to withdraw their consent respecting the removal of human reproductive material after their death, the withdrawal must be in writing.

• (2) The withdrawal is effective only if the person who intends to remove the human reproductive material is notified in writing of the withdrawal before the removal of the material.

PART 3Consent Given Under Subsection 8(3) of the Act

• 10 (1) Subject to section 15, in this Part, donor means the following individual or individuals for whose reproductive use an in vitro embryo is created:

  • (a) the individual who has no spouse or common-law partner at the time the in vitro embryo is created, regardless of the source of the human reproductive material used to create the embryo; or

  • (b) subject to subsection (3), the couple who are spouses or common-law partners at the time the in vitro embryo is created, regardless of the source of the human reproductive material used to create the embryo.

• (2) If the donor is a couple, the in vitro embryo shall be used only for the purposes to which both spouses or common-law partners have consented.

• (3) In the case of an in vitro embryo created using human reproductive material from only one of the individuals in the couple that was the donor of the embryo at the time it was created, that individual becomes the donor of the embryo under paragraph (1)(a) if, before the use of the embryo, the individual is no longer a spouse or common-law partner in the couple.