The ''Assisted Human Reproduction Act'' (the ''Act'') is law enacted by the Parliament of Canada. Its purpose is to regulate assisted human reproduction (AHR) and related research. It is one of the most comprehensive pieces of legislation in the world concerning reproductive technologies and related research. It was introduced and passed in 2004 and was fully in force by 2007.
The ''Act'' was meant to provide Canadians with a system of licensing, monitoring, inspection and enforcement of activities relating to AHR in order to protect and promote Canadians' health, safety and values. It identifies prohibited activities, as well as controlled activities, which are AHR activities that can be performed in Canada but require a licence and adherence to the regulations.
[Stephanie Paterson. ]
Fertile Ground: Exploring Reproduction in Canada
'. MQUP; June 2014. . p. 164–. However, a 2010 Supreme Court case that ruled that certain sections of the Act exceeded the federal government's legislative power means that the scope of the Act's regulatory framework was significantly reduced (see below).
Constitutional validity
On December 22, 2010, the
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
declared some sections of the ''Assisted Human Reproduction Act'' unconstitutional.
Reference re Assisted Human Reproduction Act, 2010 SCC 61
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3 S.C.R. 457 It was ruled that the sections listed below exceeded the legislative jurisdiction of the Parliament of Canada
The Parliament of Canada (french: Parlement du Canada) is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the ...
under the '' Constitution Act, 1867'':
* 10,11,13: Certain provisions regarding controlled activities
* 14-18: Certain provisions regarding privacy and access to information
* 40(2), 40(3), 40(3.1), 40(4), 40(5), 44(2), 44(3): Certain provisions regarding administration
Status of Act's provisions
: = in force April 22, 2004
: = in force January 12, 2006
: = December 1, 2007
: = unconstitutional
: = not yet in force (as of February 2012)
Content
Prohibited activities
Prohibited activities, defined in sections 5 to 9 of the ''Act'', are AHR activities that Parliament has determined to be ethically unacceptable or incompatible with Canadian values, or to pose significant risks to the health, safety and values of Canadians. These activities are not allowed in Canada. Prohibitions include:
*Creating an ''in vitro'' embryo for any purpose other than creating a human being or improving or providing instruction in assisted reproduction procedures
*Human cloning.
*Pre-selecting or increasing the probability that an embryo will be a particular sex (except to prevent a sex-linked genetic condition).
*Transplanting a sperm, egg, embryo or foetus of a non-human life form into a human being, or using a sperm, egg, or ''in vitro'' embryo that was transplanted into a non-human life form to create a human being
*Creating a hybrid for the purpose of reproduction, or transplanting a hybrid into a human being or non-human life form
*Creating a chimera for any purpose, or transplanting a chimera into a human being or non-human life form
*Using gametes or ''in vitro'' embryos without the consent of the donor of the gametes or embryo
*Obtaining gametes from a person under 18 years of age (except for own use preservation purposes)
*Paying, offering to pay, or advertising payment for sperm, eggs or ''in vitro'' embryos from donors or for the services of surrogate mothers (including payment to a third party for arranging for the services of a surrogate mother)
This last prohibition prevents the "commercialization" of human reproduction in Canada. While the ''Act'' currently allows donors and surrogate mothers to be reimbursed for legitimate expenses, Health Canada
Health Canada (HC; french: Santé Canada, SC)Health Canada is the applied title under the Federal Identity Program; the legal title is Department of Health (). is the Structure of the Canadian federal government#Departments, with subsidiary unit ...
is developing specific regulations about what constitutes a legitimate expenditure.
Controlled activities
Controlled activities, set out in sections 10 to 12 of the ''Act'', are AHR activities permitted if performed in accordance with regulations and by a licensed clinic or individual in licensed premises. However, section 10, which addressed the "use of human reproductive material," and section 11, which addressed "transgenics," were ruled ''ultra vires''. Section 12, which addresses the "reimbursement of expenditures" for providing gametes and surrogacy services, is ''intra vires'' but is not yet in force.
References
{{Reflist
External links
Assisted Human Reproductive Act
(Full text)
Frequently Asked Questions about the Assisted Human Reproductive Act
Government of Canada
2006 in Canadian law
2007 in Canadian law
Canadian federal legislation
Reproductive rights
Surrogacy
2004 in Canadian law