Administration and Enforcement (Assisted Human Reproduction Act) Regulations: SOR/2019-194

Canada Gazette, Part II, Volume 153, Number 13

Registration

SOR/2019-194 June 10, 2019

ASSISTED HUMAN REPRODUCTION ACT

P.C. 2019-752 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 Administration and Enforcement (Assisted Human Reproduction Act) 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 Administration and Enforcement (Assisted Human Reproduction Act) Regulations.

Administration and Enforcement (Assisted Human Reproduction Act) Regulations

Interpretation

Definitions

1 (1) The following definitions apply in these Regulations.

Act means the Assisted Human Reproduction Act. (Loi)

common-law partner, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year. (conjoint de fait)

donor, in relation to an in vitro embryo, means

• (a) in the case of an embryo that is created for reproductive use
  • (i) the individual for whom the embryo is created and who has no spouse or common-law partner at the time the embryo is created, regardless of the source of the human reproductive material used to create the embryo, or
  • (ii) subject to subsection (3), the couple for whom the embryo is created and who are spouses or common-law partners at the time the embryo is created, regardless of the source of the human reproductive material used to create the embryo; and
• (b) in the case of an embryo that is created for the purpose of improving or providing instruction in assisted reproduction procedures, the individuals whose human reproductive material is used to create the embryo. (donneur)

Interpretation

(2) In these Regulations, the term spouse does not include a person who, at the relevant time, lives separate and apart from the person to whom they are married because of the breakdown of their marriage.

Donor of in vitro embryo — specific case

(3) If the donor of an in vitro embryo is a couple at the time the embryo is created and if the embryo is created using human reproductive material from only one of the individuals in the couple, that individual becomes the donor of the embryo under paragraph (a) of the definition donor in subsection (1) for the purposes of these Regulations and section 54 of the Act if, before any further measure with respect to the administration or enforcement of the Act is taken, that individual is no longer the spouse or common-law partner of the other individual.

Definition of designated officer

(4) For the purposes of these Regulations and subsection 52(3) and section 54 of the Act, designated officer means the Director General responsible for overseeing compliance with and enforcement of the Act.

Application for Restoration

Service of notice

2 (1) A notice referred to in subsection 51(1) of the Act must be served by any method that provides proof of delivery on the Minister at least 15 clear days before the day on which the application for an order of restoration is to be made to the provincial court judge.

Contents of notice

(2) The notice must specify

• (a) the provincial court judge to whom the application is to be made;
• (b) the date and time when and the place where the application is to be heard;
• (c) the seized material or information in respect of which the application is to be made; and
• (d) the evidence on which the applicant intends to rely to establish that the applicant is entitled to possession of the seized material or information in respect of which the application is to be made.

Section 54 of Act

Consent of donor — in vitro embryo created for reproductive use

3 (1) For the purposes of section 54 of the Act, if an in vitro embryo is created for a couple’s reproductive use, in order for a measure that may be taken with respect to the embryo to be consistent with the consent of the donor, the measure must be consistent with the consent of each spouse or common-law partner.

Non-application

(2) For greater certainty, subsection (1) does not apply to a donor of an in vitro embryo referred to in subsection 1(3).

Consent of donor — in vitro embryo created for improving or providing instruction in assisted reproduction procedures

(3) For the purposes of section 54 of the Act, if an in vitro embryo is created for the purpose of improving or providing instruction in assisted reproduction procedures, in order for a measure that may be taken with respect to the embryo to be consistent with the consent of the donor, the measure must be consistent with the consent of each individual whose human reproductive material is used to create the embryo.

Written consent

(4) For the purposes of section 54 of the Act and this section, the donor’s consent must be in writing, signed by the donor and attested to by a witness or, if the seized sperm, ova or in vitro embryo was donated under the condition of anonymity for the purpose of assisted reproduction, the consent must be attested to in a document, signed by the person who originally obtained consent from the donor.

Disposal — impossibility of obtaining consent

4 If it is impossible to obtain the consent of the donor in relation to any sperm, ovum or in vitro embryo that was forfeited, the designated officer may direct an inspector to dispose of them only after a period of 180 days after their forfeiture.

Coming into Force

S.C. 2004, c. 2 or registration

5 These Regulations come into force on the day on which section 45 of the Assisted Human Reproduction Act, chapter 2 of the Statutes of Canada, 2004, comes into force but, if they are registered after that day, they come into force on the day on which they are registered.

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