C-23314368-69Elizabeth II2019-2020An Act to amend the Criminal Code (sex-selective abortion)Sex-selective Abortion Act20202
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Mrs. Wagantall431098SUMMARYThis enactment amends the Criminal Code to make it an offence for a medical practitioner to perform an abortion knowing that the abortion is sought solely on the grounds of the child’s genetic sex. It also requires the Minister of Health, after consultation with representatives of the provincial governments responsible for health, to establish guidelines respecting information provided by a medical practitioner in relation to a request for an abortion.PreambleWhereas the Government of Canada is firmly committed to protecting and advancing human rights, both in Canada and abroad; Whereas ending discrimination against any person on the basis of sex is a crucial part of Canada’s efforts to promote and protect human rights, as reflected in its laws and international commitments; Whereas the practice of terminating a pregnancy solely on the grounds of the genetic sex of the child values one sex over the other and is therefore a form of sex-based discrimination;And whereas the Government of Canada believes that abortion performed on the basis of genetic sex is inconsistent with its commitment to the protection of equality rights and that the issue must be addressed by legislation;Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Sex-selective Abortion Act.R.S., c. C-46Criminal CodeThe heading after section 286.5 of the Criminal Code is replaced by the following:Abortion — Sex SelectionDefinitionsThe following definitions apply in this section.genetic sex means the sex that is capable of being determined at the time of conception by the presence or absence of the Y chromosome. (sexe génétique)means includesthe prescription or administration of a drug;the use of an instrument; andmanipulation of any kind. (moyen)medical practitioner means a person who is entitled to practise medicine under the laws of a province. (médecin)Performing an abortion — sex selectionA medical practitioner who uses any means to perform an abortion knowing that the abortion is sought solely on the grounds of the child’s genetic sex is guilty ofan indictable offence and liable to imprisonment for a term of not more than five years; oran offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.GuidelinesThe Minister of Health, after consultation with representatives of the provincial governments responsible for health, shall establish guidelines on information provided by a medical practitioner, in relation to a request for an abortion, respecting the offence under subsection (2), as well as the form, manner and time in which the information may be provided.