|
CONTROLLED ACTIVITIES |
|
Use of human
reproductive
material
|
10. (1) No person shall, except in
accordance with the regulations and a licence,
alter, manipulate or treat any human
reproductive material for the purpose of
creating an embryo.
|
|
Use of in vitro
embryo
|
(2) No person shall, except in accordance
with the regulations and a licence, alter,
manipulate, treat or make any use of an in vitro
embryo.
|
|
Keeping and
handling
gametes and
embryos
|
(3) No person shall, except in accordance
with the regulations and a licence, obtain,
store, transfer, destroy, import or export
|
|
|
|
|
|
|
|
Transgenics
|
11. (1) No person shall, except in
accordance with the regulations and a licence,
combine any part or any proportion of the
human genome specified in the regulations
with any part of the genome of a species
specified in the regulations.
|
|
Definitions
|
(2) The following definitions apply in this
section.
|
|
``human
genome'' « génome humain »
|
``human genome'' means the totality of the
deoxyribonucleic acid sequence of the
human species.
|
|
``species'' « espèce »
|
``species'' means any taxonomic
classification of non-human life.
|
|
Reimburseme
nt of
expenditures
|
12. (1) No person shall, except in
accordance with the regulations and a licence,
|
|
|
|
|
|
|
|
|
|
|
Receipts
|
(2) No person shall reimburse an
expenditure referred to in subsection (1)
unless a receipt is provided to that person for
the expenditure.
|
|
No
reimbursemen
t
|
(3) No person shall reimburse a surrogate
mother for a loss of work-related income
incurred during her pregnancy, unless
|
|
|
|
|
|
|
|
Use of
premises
|
13. No person who is licensed to undertake
a controlled activity shall undertake it in any
premises except in accordance with a licence
permitting the use of the premises for that
controlled activity.
|
|
|
PRIVACY AND ACCESS TO INFORMATION |
|
Information to
be collected
by licensees
|
14. (1) A licensee shall not accept the
donation of human reproductive material or
an in vitro embryo from any person for the
purpose of a controlled activity, and shall not
perform a controlled activity on any person,
unless the licensee has obtained from that
person the health reporting information
required to be collected under the regulations.
|
|
Requirements
of this Act to
be conveyed
|
(2) Before accepting a donation of human
reproductive material or of an in vitro embryo
from a person or accepting health reporting
information respecting a person, a licensee
shall
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Disclosure of
information
restricted
|
15. (1) No licensee shall disclose health
reporting information for any purpose except
|
|
|
|
|
|
|
|
Disclosure
required
|
(2) A licensee shall disclose health
reporting information
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Transfers
between
licensees
|
(3) A licensee that transfers human
reproductive material or an in vitro embryo to
another licensee shall disclose to the other
licensee the health reporting information in its
possession respecting the material or embryo,
and respecting the person or persons to whom
the material or embryo relates, but the identity
of any person - or information that can
reasonably be expected to be used in the
identification of a person - shall not be
disclosed except in the circumstances and to
the extent provided by the regulations.
|
|
Agency to be
notified
|
(3.1) A licensee who transfers an in vitro
embryo to another licensee shall notify the
Agency of the transfer in accordance with the
regulations.
|
|
Information to
persons
undergoing
procedures
|
(4) Before performing an assisted
reproduction procedure that makes use of
human reproductive material or an in vitro
embryo, a licensee shall disclose to the person
undergoing the procedure the health reporting
information in its possession respecting the
donor, but the identity of the donor - or
information that can reasonably be expected
to be used in the identification of the
donor - shall not be disclosed without the
donor's written consent.
|
|
Research and
statistics
|
(5) A licensee may disclose health reporting
information to an individual or organization
for scientific research or statistical purposes,
other than the identity of any person - or
information that can reasonably be expected
to be used in the identification of any person.
|
|
Access to
health
reporting
information
|
16. (1) A person shall be given, on request,
access to any health reporting information
about the person that is under the control of a
licensee or other person who has obtained the
information. The person is entitled to
|
|
|
|
|
|
|
|
|
|
|
Destruction of
information
|
(2) A licensee or any other person that has
control of the health reporting information
provided by a donor of human reproductive
material or an in vitro embryo, by a person
who has undergone an assisted reproduction
procedure or by a person who was conceived
by means of such a procedure shall, at the
request of the donor or that person, as the case
may be, destroy that information in the
circumstances and to the extent provided by
the regulations, and shall inform the donor or
that person that the destruction has occurred.
|
|
Destruction of
reproductive
material
|
(3) A licensee and any other person that has
control of human reproductive material or an
in vitro embryo shall destroy that material or
embryo at the request of its donor in the
circumstances and to the extent provided by
the regulations, and shall inform the donor
that the destruction has occurred.
|
|
Exception
|
(4) This section does not apply to
|
|
|
|
|
|
|
|
Personal
health
information
registry
|
17. The Agency shall maintain a personal
health information registry containing health
reporting information about donors of human
reproductive material and in vitro embryos,
persons who undergo assisted reproduction
procedures and persons conceived by means
of those procedures.
|
|
Use of
information
by Agency
|
18. (1) The Agency may use health
reporting information, and information
otherwise relating to the controlled activities
undertaken by an applicant or licensee, for the
purposes of the administration and
enforcement of this Act or the identification of
health and safety risks, potential and actual
abuses of human rights, or ethical issues
associated with assisted human reproduction
technologies and the other matters to which
this Act applies.
|
|
Consent to
disclosure
|
(2) Notwithstanding section 8 of the
Privacy Act but subject to subsections (3) to
(8), health reporting information under the
control of the Agency relating to a donor of
human reproductive material or an in vitro
embryo, a person who has undergone an
assisted reproduction procedure or a person
who was conceived by means of such a
procedure is confidential and shall be
disclosed only with the written consent of the
donor or that person, as the case may be.
|
|
Disclosure to
recipients of
reproductive
material
|
(3) The Agency shall, on request, disclose
health reporting information relating to a
donor of human reproductive material or of an
in vitro embryo to a person undergoing an
assisted reproduction procedure using that
human reproductive material or embryo, to a
person conceived by means of such a
procedure and to descendants of a person so
conceived, but the identity of the donor - or
information that can reasonably be expected
to be used in the identification of the
donor - shall not be disclosed without the
donor's written consent.
|
|
Relationship
of individuals
|
(4) On application in writing by any two
individuals who have reason to believe that
one or both were conceived by means of an
assisted reproduction procedure using human
reproductive material or an in vitro embryo
from a donor, the Agency shall disclose to
both of them whether it has information that
they are genetically related and, if so, the
nature of the relationship.
|
|
Obligation to
disclose
|
(5) The Agency shall disclose health
reporting information
|
|
|
|
|
|
|
|
Discretion to
disclose
|
(6) The Agency may disclose health
reporting information
|
|
|
|
|
|
|
|
|
|
|
Disclosure to
address health
or safety risk
|
(7) The Agency may disclose the identity of
a donor to a physician if, in the Agency's
opinion, the disclosure is necessary to address
a risk to the health or safety of a person who
has undergone an assisted reproduction
procedure, was conceived by means of such a
procedure or is a descendant of a person so
conceived. The physician may not disclose
that identity.
|
|
Research and
statistics
|
(8) The Agency may disclose health
reporting information to an individual or
organization for scientific research or
statistical purposes, other than the identity of
any person - or information that can
reasonably be expected to be used in the
identification of any person.
|
|
Information
available from
Agency
|
19. The Agency shall make available for
inspection by the public in accordance with
the regulations any information that is
prescribed by the regulations relating to
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|