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

Regulations are current to 2020-07-28 and last amended on 2019-12-26. Previous Versions

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

  •  (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.

  • SOR/2019-195, s. 4

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

 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.

 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.

 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.

  •  (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

  •  (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.

  • SOR/2019-195, s. 5

 This Part applies in respect of a consent given under subsection 8(3) of the Act to make use of an in vitro embryo.

 Before a person makes use of an in vitro embryo, the person shall have a document signed by the donor of the embryo stating that, before consenting to the use of the embryo, the donor was informed in writing that

  • (a) the in vitro embryo will be used in accordance with the donor’s consent for one or more of the following purposes, namely,

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

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

    • (iii) improving assisted reproduction procedures,

    • (iv) providing instruction in assisted reproduction procedures, or

    • (v) a specific research project, the goal of which is stated in the consent;

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

  • (c) the withdrawal is effective only if the person who intends to make use of the in vitro embryo is notified in writing of the withdrawal

    • (i) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(i), before the use of the embryo,

    • (ii) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(ii), before the third party acknowledges in writing that the embryo has been obtained for their reproductive use,

    • (iii) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(iii), before the later of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been obtained for the purpose of improving assisted reproduction procedures, and

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of improving assisted reproduction procedures,

    • (iv) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(iv), before the later of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been obtained for the purpose of providing instruction in assisted reproduction procedures, and

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of providing instruction in assisted reproduction procedures, and

    • (v) in the case of an in vitro embryo to be used for the purpose mentioned in subparagraph (a)(v), before the latest of the following occurrences, namely,

      • (A) the person acknowledges in writing that the in vitro embryo has been obtained for the purpose of research,

      • (B) the beginning of the process of thawing the in vitro embryo for the purpose of research, and

      • (C) the creation of a stem cell line using the in vitro embryo.

  • SOR/2019-195, s. 6
  •  (1) Before a person makes use of an in vitro embryo, the person shall have the written consent of the donor of the embryo stating that the embryo may be used for one or more of the following purposes:

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

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

    • (c) improving assisted reproduction procedures;

    • (d) providing instruction in assisted reproduction procedures; or

    • (e) a specific research project, the goal of which is stated in the consent.

  • (2) [Repealed, SOR/2019-195, s. 7]

  • SOR/2019-195, s. 7
 
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