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| Regulations of
Governor in
Council
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65. (1) The Governor in Council may make
regulations for carrying into effect the
purposes and provisions of this Act and, in
particular, may make regulations
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(a) defining ``donor'', in relation to an in
vitro embryo;
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(b) for the purposes of section 8, respecting
the giving of consent for the use of human
reproductive material or an in vitro embryo
or for the removal of human reproductive
material;
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(c) for the purposes of sections 10 and 11,
designating controlled activities or classes
of controlled activities that may be
authorized by a licence;
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(d) for the purposes of section 11,
specifying parts or proportions of the
human genome, and parts of the genome of
any species;
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(e) for the purposes of section 12, respecting
the reasonable expenditures that may be
reimbursed under a licence;
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(f) respecting the conduct of controlled
activities or any class of controlled
activities and the use of facilities and
equipment in controlled activities;
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(g) respecting the terms and conditions of
licences;
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(h) respecting the issuance of licences for
clinical trials referred to in subsection 40(3)
and the conduct of clinical trials, including
the giving of consent by donors of human
reproductive material or in vitro embryos
and persons undergoing assisted
reproduction procedures;
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(i) respecting the qualifications for licences
for controlled activities or any class of
controlled activities;
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(j) respecting the issuance, amendment,
renewal, suspension, restoration and
revocation of licences;
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(k) respecting the information to be
provided in respect of applications for a
licence or for the renewal or amendment of
a licence;
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(l) respecting the identification and
labelling of human reproductive materials
and in vitro embryos used in controlled
activities;
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(m) respecting the creation and
maintenance of records by a licensee, and
access to them by the Agency;
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(n) respecting the collection, use and
disclosure of health reporting information,
including the health reporting information
collected under subsection 14(1) and
disclosed under section 15;
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(o) respecting the counselling services to be
made available under paragraph 14(2)(b);
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(p) respecting the reporting to the Agency
of information obtained by a licensee under
this Act;
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(q) for the purposes of paragraph 15(2)(d) or
18(5)(b), specifying the provisions of any
federal or provincial law;
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(r) for the purposes of subsection 16(2) or
(3), respecting the destruction of health
reporting information, human reproductive
material or in vitro embryos;
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(s) for the purposes of paragraph 18(6)(c),
identifying professional licensing and
disciplinary bodies;
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(t) prescribing the information to be made
available under section 19 and the manner
of its availability for inspection by the
public;
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(u) for the purposes of subsection 46(1),
specifying the qualifications of inspectors;
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(v) respecting the treatment and disposition
of material or information seized under this
Act or the Criminal Code;
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(w) for the purposes of subsection 51(1),
prescribing the information and the time
and manner of sending it;
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(x) for the purposes of subsection 54(2) or
(3), defining ``responsible person'' and
prescribing the manner of disposing of
human reproductive material, an in vitro
embryo, a foetus or any part of an in vitro
embryo or foetus;
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(y) for the purposes of section 71, fixing a
day; and
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(z) exempting controlled activities or
classes of controlled activities, generally or
in circumstances prescribed by the
regulations, from the provisions of this Act,
subject to any terms and conditions
prescribed in the regulations.
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| Incorporation
by reference
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(2) The regulations may incorporate any
document by reference, regardless of its
source, either as it reads on a particular date or
as it is amended from time to time.
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| Documents in
one language
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(3) Where a document that is available in
both official languages has been incorporated
by reference as amended from time to time, an
amendment to one language version of that
document is not incorporated until the
corresponding amendment is made to the
other language version.
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| Statutory
Instruments
Act
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(4) A document does not become a
regulation within the meaning of the Statutory
Instruments Act merely because it is
incorporated by reference.
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| Proposed
regulations to
be laid before
Parliament
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66. (1) Before a regulation is made under
section 65, the Minister shall lay the proposed
regulation before each House of Parliament.
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| Report by
committee
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(2) A proposed regulation that is laid before
Parliament may be referred to an appropriate
committee of each House, as determined by
the rules of that House, and the committee
may review the proposed regulation and
report its findings to the House.
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| Making of
regulations
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(3) A regulation may be made
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(a) on the expiry of 60 calendar days after
the proposed regulation is laid before
Parliament; or
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(b) at an earlier time when the committees
of both Houses of Parliament have reported
their findings with respect to the proposed
regulation.
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| Explanation
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(4) If a regulation does not incorporate a
recommendation of the committee of either
House, the Minister shall lay before that
House a statement of the reasons for not
incorporating it.
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| Alteration
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(5) A proposed regulation that has been laid
before Parliament need not again be so laid
prior to the making of the regulation, whether
it has been altered or not.
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| Exceptions
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67. (1) A regulation may be made without
being laid before either House of Parliament
if the Minister is of the opinion that
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(a) the changes made by the regulation to an
existing regulation are so immaterial or
insubstantial that section 66 should not
apply in the circumstances; or
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(b) the regulation must be made
immediately in order to protect the health or
safety of any person.
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| Notice of
opinion
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(2) If a regulation is made without being
laid before Parliament, the Minister shall lay
before each House of Parliament a statement
of the Minister's reasons.
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| Non-applicati
on of
provisions in
a province
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68. (1) The Governor in Council may, by
order, declare that any or all of sections 10 to
16, 46 to 53 and 61 and any corresponding
provisions of the regulations do not apply in a
province, except in respect of Her Majesty in
right of Canada, if the Minister and the
government of that province agree in writing
that there are laws of the province in force that
are equivalent to those sections and the
corresponding provisions of the regulations.
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| Term of
agreement
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(2) An agreement made under subsection
(1) shall be for a period of five years, or any
shorter period agreed to by the parties, but
may be renewed.
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| Protection of
human health
and safety
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(3) An order under subsection (1) does not
prevent the Agency from taking measures
under section 44.
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| Adaptation of
this Act
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(4) Where an order has been made under
subsection (1) in respect of a province, any
person carrying on an activity in the province
that would be a controlled activity under this
Act shall obtain health reporting information
in accordance with section 14 and disclose it
under paragraph 15(2)(a) as if the person were
a licensee under this Act, and sections 18 and
19 apply in respect of that health reporting
information.
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| Transitional
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(5) When provisions of this Act cease to
apply in a province by virtue of this section, a
licence issued in respect of a person or
premises in the province continues in effect in
that province as if it were issued under
provincial law.
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| Termination
of agreement
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69. (1) An agreement referred to in section
68 may be terminated by either party giving to
the other at least six months written notice of
termination.
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| Revocation of
order
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(2) The Governor in Council may, by order,
on the recommendation of the Minister, repeal
an order made under section 68 if an
agreement referred to in that subsection is
terminated.
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| Transitional
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(3) When provisions of this Act become
applicable in a province by virtue of
subsection (2), a licence issued under the
provincial law in respect of a person or
premises in the province continues in effect in
that province as if it were issued under this
Act, unless otherwise provided by the
provincial law.
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| Parliamentary
review of Act
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70. (1) The administration of this Act shall,
within three years after the coming into force
of section 21, be reviewed by any committee
of the Senate, the House of Commons or both
Houses of Parliament that may be designated
or established for that purpose.
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| Report and
recommendati
ons
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(2) The committee shall undertake a
comprehensive review of the provisions and
operation of this Act and shall, within a year
after the review is undertaken or within such
further time as the Senate, the House of
Commons or both Houses of Parliament may
authorize, submit its report on the review
including a statement of any changes to this
Act or its administration that the committee
recommends.
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| Grandfathered
activities
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71. Notwithstanding sections 10 to 13, a
person who undertakes a controlled activity
at least once during the period of one year
preceding the coming into force of those
sections may subsequently, without a
licence, undertake the controlled activity
and use any premises required for that
purpose until a day fixed by the regulations.
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| R.S., c. A-1
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72. Schedule I to the Access to
Information Act is amended by adding the
following in alphabetical order under the
heading ``Other Government Institutions'':
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Assisted Human Reproduction Agency of
Canada
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Agence canadienne de contrôle de la
procréation assistée
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73. Schedule II to the Act is amended by
adding the following in alphabetical order:
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Assisted Human Reproduction Act
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Loi sur la procréation assistée
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and by adding a corresponding reference to
``subsection 18(2)''.
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| R.S., c. F-11
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74. Schedule II to the Financial
Administration Act is amended by adding
the following in alphabetical order:
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Assisted Human Reproduction Agency of
Canada
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Agence canadienne de contrôle de la
procréation assistée
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| R.S., c. P-21
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75. The schedule to the Privacy Act is
amended by adding the following in
alphabetical order under the heading
``Other Government Institutions'':
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Assisted Human Reproduction Agency of
Canada
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Agence canadienne de contrôle de la
procréation assistée
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| R.S., c. P-35
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76. Part I of Schedule I to the Public
Service Staff Relations Act is amended by
adding the following in alphabetical order:
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Assisted Human Reproduction Agency of
Canada
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Agence canadienne de contrôle de la
procréation assistée
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