Citation S.C. 2004, c. 2 Date assented to March 29, 2004 | ||
![]() | ||
Date commenced ss. 1 to 7, 9 to 11, 13, 20, 60 to 71 and 73 in force 22 April 2004; ss. 21 to 39, 72, 74, 75 and 77, other than par. 24(1)(a), (e) and (g), in force 12 January 2006; s. 8 in force 1 December 2007; ss. 12, 14 to 19, par. 24(1)(a), (e) and (g), ss. 40 to 59 and 76 come into force on a day or days to be fixed by order of the Governor in Council Bill 37th Parliament, Bill C-6 Introduced by |
The Assisted Human Reproduction Act is law enacted by the Parliament of Canada. Its purpose was to regulate assisted human reproduction 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.
Contents
- Constitutional validity
- Status of Acts provisions
- Prohibited activities
- Controlled activities
- References
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. 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 is significantly reduced (see below).
Constitutional validity
On December 22, 2010, the Supreme Court of Canada declared some sections of the Assisted Human Reproduction Act unconstitutional. It was ruled that the sections listed below exceeded the legislative jurisdiction of the Parliament of Canada under the Constitution Act, 1867:
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)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:
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 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.