Bill C-233

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First Reading

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SUMMARY
Short Title
Criminal Code
Abortion — Sex Selection

First Session, Forty-third Parliament,

68-69 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-233
An Act to amend the Criminal Code (sex-selective abortion)

FIRST READING, February 26, 2020

NOTE

2nd Session, 43rd Parliament

This bill was introduced during the first session of the 43rd Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the first session. The number of the bill remains unchanged.

Mrs. Wagantall

431098

SUMMARY

This 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.

Available on the House of Commons website at the following address:

www.ourcommons.ca

1st Session, 43rd Parliament,

68-69 Elizabeth II, 2019-2020

HOUSE OF COMMONS OF CANADA

BILL C-233

An Act to amend the Criminal Code (sex-selective abortion)

Preamble

Whereas 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 Title

Short title

1 This Act may be cited as the Sex-selective Abortion Act.

R.‍S.‍, c. C-46

Criminal Code

2 The heading after section 286.‍5 of the Criminal Code is replaced by the following:

Abortion — Sex Selection

Definitions

287 (1) The 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 includes

(a) the prescription or administration of a drug;
(b) the use of an instrument; and
(c) manipulation 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 selection

(2) A 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 of

(a) an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) an offence punishable on summary conviction and liable to imprisonment for a term of not more than 18 months.
End of inserted block

Guidelines

(3) The 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.

Published under authority of the Speaker of the House of Commons