Reimbursement Related to Assisted Human Reproduction Regulations: SOR/2019-193

Canada Gazette, Part II, Volume 153, Number 13

Registration

SOR/2019-193 June 10, 2019

ASSISTED HUMAN REPRODUCTION ACT

P.C. 2019-751 June 9, 2019

Whereas, pursuant to subsection 66(1) of the Assisted Human Reproduction Act ^{footnote a}, the Minister of Health has laid a copy of the proposed Reimbursement Related to Assisted Human Reproduction Regulations before each House of Parliament, substantially in the annexed form;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 65(1) ^{footnote b} of the Assisted Human Reproduction Act ^{footnote a}, makes the annexed Reimbursement Related to Assisted Human Reproduction Regulations .

Reimbursement Related to Assisted Human Reproduction Regulations

Interpretation

Definitions

1 The following definitions apply in these Regulations.

Act means the Assisted Human Reproduction Act. (Loi)

dependant means, in respect of a donor of sperm or ova or a surrogate mother, a person who resides with them and is dependent on them by reason of age or mental or physical incapacity. (personne à charge)

Reimbursement of Expenditures Under Subsection 12(1) of the Act

Expenditures — donating sperm or ova

2 The following expenditures incurred by a donor in the course of donating sperm or ova may be reimbursed under subsection 12(1) of the Act:

• (a) travel expenditures, including expenditures for transportation, parking, meals and accommodation;
• (b) expenditures for the care of dependants or pets;
• (c) expenditures for counselling services;
• (d) expenditures for legal services and disbursements;
• (e) expenditures for obtaining any drug or device as defined in section 2 of the Food and Drugs Act;
• (f) expenditures for obtaining products or services that are provided or recommended in writing by a person authorized under the laws of a province to practise medicine in that province;
• (g) expenditures for obtaining a written recommendation referred to in paragraph (f);
• (h) expenditures for health, disability, travel or life insurance coverage; and
• (i) expenditures for obtaining or confirming medical or other records.

Expenditures — maintenance and transport of in vitro embryo

3 The following expenditures incurred by any person may be reimbursed under subsection 12(1) of the Act:

• (a) expenditures for the maintenance of an in vitro embryo, including storage; and
• (b) expenditures for the transport of an in vitro embryo, including expenditures for preparing it for transport, for the shipping container and for preparing the container for transport.

Expenditures — surrogacy

4 The following expenditures incurred by a surrogate mother in relation to her surrogacy may be reimbursed under subsection 12(1) of the Act:

• (a) travel expenditures, including expenditures for transportation, parking, meals and accommodation;
• (b) expenditures for the care of dependants or pets;
• (c) expenditures for counselling services;
• (d) expenditures for legal services and disbursements;
• (e) expenditures for obtaining any drug or device as defined in section 2 of the Food and Drugs Act;
• (f) expenditures for obtaining products or services that are provided or recommended in writing by a person authorized under the laws of a province to assess, monitor and provide health care to a woman during her pregnancy, delivery or the postpartum period;
• (g) expenditures for obtaining a written recommendation referred to in paragraph (f);
• (h) expenditures for the services of a midwife or doula;
• (i) expenditures for groceries, excluding non-food items;
• (j) expenditures for maternity clothes;
• (k) expenditures for telecommunications;
• (l) expenditures for prenatal exercise classes;
• (m) expenditures related to the delivery;
• (n) expenditures for health, disability, travel or life insurance coverage; and
• (o) expenditures for obtaining or confirming medical or other records.

Expenditures — use of an automobile

5 In the case of expenditures referred to in paragraphs 2(a), 3(b) and 4(a), the maximum amount that may be reimbursed for the use of an automobile, other than an automobile used by a transportation service that provides a receipt, is the amount that is calculated on the basis of the distance driven in kilometres and the applicable automobile allowance rate posted on the Canada Revenue Agency’s website for the year in which the transport or transportation occurred.

Preliminary requirements for reimbursement

6 A person may only reimburse the applicable expenditure referred to in sections 2 to 4 to the person requesting reimbursement if they have obtained the following documents:

• (a) a declaration dated and signed by the person who requests the reimbursement that sets out
  • (i) their name and address,
  • (ii) the nature of each expenditure incurred,
  • (iii) with respect to each expenditure, the amount incurred and, if less than the amount incurred, the amount requested for reimbursement,
  • (iv) the date on which each expenditure was incurred,
  • (v) in the case of a transport or transportation expenditure for the use of an automobile, other than an automobile used by a transportation service that provides a receipt, with respect to each trip,
  • (A) the addresses of the points of departure and destination, and
  • (B) the total distance in kilometres driven between those two points,
  • (vi) a statement indicating that each expenditure was incurred in the course of donating sperm or ova, in the maintenance or transport of an in vitro embryo or in relation to a surrogacy, as applicable,
  • (vii) a statement for each expenditure indicating that the amount has not been paid to them by any other source, in full or in part, and
  • (viii) a statement confirming that all of the information contained in the declaration is accurate and complete to the best of their knowledge;
• (b) if applicable, a copy of the written recommendation of a person authorized under the laws of a province to practise medicine in that province and obtained in relation to a product or service for which a request for reimbursement has been made;
• (c) if applicable, a copy of the written recommendation of a person authorized under the laws of a province to assess, monitor and provide health care to a woman during her pregnancy, delivery or the postpartum period and obtained in relation to a product or service for which a request for reimbursement has been made; and
• (d) a receipt for each expenditure for which the reimbursement is requested that identifies the date on which the expenditure was incurred, except in the case of transport or transportation expenditures for the use of an automobile in accordance with section 5.

Reimbursement — sign and affirm

7 A person who reimburses an expenditure set out in a declaration must indicate on the declaration the amount of each expenditure that they reimbursed and the date of the reimbursement and must sign it to affirm that information.

Reimbursement of Surrogate Mother for Loss of Work-Related Income Under Subsection 12(3) of the Act

Preliminary requirements for reimbursement

8 A person may only reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy under subsection 12(3) of the Act if they have obtained the following documents:

• (a) a declaration dated and signed by the surrogate mother that sets out
  • (i) her name and address,
  • (ii) the start and end dates of the period during her pregnancy when she did not work for a reason certified by a qualified medical practitioner under paragraph 12(3)(a) of the Act,
  • (iii) the amount requested for reimbursement,
  • (iv) a statement indicating that she has not received compensation from any other source, in full or in part, for the loss of income, and
  • (v) a statement indicating that all of the information submitted in the declaration is accurate and complete to the best of her knowledge;
• (b) supporting evidence of the income that she would have earned had she not been absent from work for the period specified in subparagraph (a)(ii); and
• (c) a copy of the certification provided by a qualified medical practitioner in paragraph 12(3)(a) of the Act.

Reimbursement — sign and affirm

9 A person who reimburses a surrogate mother for a loss of work-related income must indicate on the declaration the amount of the loss of income that they reimbursed and the date of the reimbursement, and must sign it to affirm that information.

Exemption

Exemption regarding receipt

10 A person who reimburses transport or transportation expenditures is exempt from the application of subsection 12(2) of the Act if the expenditures were incurred for the use of an automobile, other than an automobile used by a transportation service that provides a receipt.

Maintenance of Records

Maintain records — reimbursement for expenditures

11 (1) A person who reimburses expenditures referred to in these Regulations must, for each reimbursement, maintain a record of all documents obtained for the purposes of that reimbursement for a period of six years after the date of the reimbursement.

Maintain records — reimbursement for loss of income

(2) A person who reimburses a surrogate mother for a loss of work-related income incurred during her pregnancy must, for each reimbursement, maintain a record of all documents obtained for the purposes of that reimbursement for a period of six years after the date of the reimbursement.

Provision of Records to Minister

Notice from Minister

12 (1) The Minister may, by written notice, require a person who must maintain a record in relation to a reimbursement under section 11 to provide to the Minister any record or additional information related to the reimbursement by the date specified in the notice.

Obligation to provide records or information

(2) Any person who has been notified under subsection (1) must provide to the Minister any required record or additional information related to the reimbursement by the date specified in the notice.

Coming into Force

S.C. 2004, c. 2

13 These Regulations come into force on the day on which section 12 of the Assisted Human Reproduction Act, chapter 2 of the Statutes of Canada, 2004, comes into force.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2019-192, Safety of Sperm and Ova Regulations.