This Act may be cited as the Assisted Human Reproduction Act. The Parliament of Canada recognizes and declares that the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use. The benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research. While all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies.
Principles
The principles set out in this Act are as follows:
(a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use;
(b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research;
(c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies.
Interpretation and Application
In this Act,
"assisted human reproduction" means the use of any technology or procedure to assist a person or couple in the conception of a child, including the use of reproductive material from a donor;
"assisted human reproductive technology" means any technology or procedure used to assist a person or couple in the conception of a child, including the use of reproductive material from a donor;
"child" means a human being from the moment of conception to the moment of birth;
"conception" means the fertilization of an egg by a sperm;
"donor" means a person who provides reproductive material for use in assisted human reproduction;
"embryo" means a human being from the moment of conception to the moment of implantation in the uterus;
"gamete" means a sperm or egg;
"human being" means a human being from the moment of conception to the moment of birth;
"human reproductive material" means any part of the human body that is capable of being used for the purpose of reproduction, including sperm, eggs, embryos and fetuses;
"inspector" means a person appointed as an inspector under this Act;
"minister" means the Minister of Health;
"reproductive material" means any part of the human body that is capable of being used for the purpose of reproduction, including sperm, eggs, embryos and fetuses;
"research" means any study or investigation that is conducted for the purpose of gaining knowledge or understanding about human reproduction or assisted human reproduction.
Prohibited Activities
No person shall, directly or indirectly, knowingly or recklessly, engage in any of the following activities:
(a) the creation of a human being outside the human body;
(b) the implantation of a human embryo in a woman;
(c) the use of reproductive material from a donor in assisted human reproduction;
(d) the use of reproductive material from a donor in research;
(e) the sale or purchase of reproductive material;
(f) the use of reproductive material from a donor in the creation of a human being outside the human body;
(g) the use of reproductive material from a donor in the implantation of a human embryo in a woman;
(h) the use of reproductive material from a donor in research.
Payment for Surrogacy
No person shall pay or receive any payment for the provision of reproductive material or for the provision of a service related to assisted human reproduction.
Purchase of Gametes
No person shall purchase or sell any gametes.
Use of Reproductive Material without Consent
No person shall use any reproductive material without the consent of the person from whom the material was obtained.
Gametes Obtained from Minor
No person shall use any gametes obtained from a minor.
Purpose
The purpose of this Act is to protect the health and well-being of children born through the application of assisted human reproductive technologies and to promote the responsible use of these technologies.
Reimbursement of Expenditures
No person shall reimburse any expenditures related to assisted human reproduction.
Responsibility of Minister
The Minister shall be responsible for the administration and enforcement of this Act.
Administration and Enforcement
The Minister shall take measures to ensure that assisted human reproduction is conducted in a manner that is safe and respectful of the rights and dignity of all individuals involved.
Offences
Any person who contravenes any provision of this Act is guilty of an offence and is liable to a fine not exceeding $100,000 or to imprisonment for a term not exceeding five years, or to both.
Regulations
The Governor in Council may make regulations respecting the administration and enforcement of this Act.
Consequential Amendments
This Act amends the Access to Information Act, the Financial Administration Act, the Privacy Act and the Public Service Superannuation Act.
Coming into Force
This Act comes into force on a day to be fixed by order of the Governor in Council.
