;

Bill S-202

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SUMMARY
Assisted Human Reproduction Act
Coming into Force
EXPLANATORY NOTES

Second Session, Forty-third Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-202
An Act to amend the Assisted Human Reproduction Act

FIRST READING, September 30, 2020

THE HONOURABLE SENATOR Moncion

4321921

SUMMARY

This enactment amends the Assisted Human Reproduction Act to decriminalize payment for sperm or ovum donation and for surrogacy in certain circumstances.

The enactment also amends the Act to allow for the purchase of other human reproductive material.

Available on the Senate of Canada website at the following address:

www.sencanada.ca/en

2nd Session, 43rd Parliament,

69 Elizabeth II, 2020

SENATE OF CANADA

BILL S-202

An Act to amend the Assisted Human Reproduction Act

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2004, c. 2

Assisted Human Reproduction Act

1 Section 2 of the Assisted Human Reproduction Act is amended by adding “and” at the end of paragraph (e) and by repealing paragraph (f).

2 Section 6 of the Act is replaced by the following:

Surrogate mother — requirements

6 No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that she is

Insertion start (a) Insertion end under 21 years of age;
Start of inserted block
(b) incapable of consenting to becoming a surrogate mother; or
(c) being coerced by a third party to become a surrogate mother.
End of inserted block

3 (1) Subsection 7(1) of the Act is replaced by the following:

Sperm or ovum donation — requirements

7 (1) No person shall, except for a purpose permitted under section 9, counsel or induce a person to donate their sperm or ova, or perform any medical procedure to assist a person to donate their sperm or ova, knowing or having reason to believe that the person is

(a) under 18 years of age;
(b) incapable of consenting to the donation; or
(c) being coerced by a third party to donate.
End of inserted block

(2) Subsection 7(3) of the Act is repealed.

4 (1) Subsection 12(1) of the Act is replaced by the following:

Reimbursement of expenditures

12 (1) No person shall, except in accordance with the regulations, reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo.

(2) Subsection 12(3) of the Act is repealed.

5 Paragraph 65(1)‍(e.‍‍1) of the Act is repealed.

Coming into Force

180 days after royal assent

6 This Act comes into force 180 days after the day on which it receives royal assent.

Published under authority of the Senate of Canada

EXPLANATORY NOTES

Assisted Human Reproduction Act

Clause 1: Existing text of relevant portions of section 2:

2 The Parliament of Canada recognizes and declares that

. . .
(e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status;
(f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and

Clause 2: Existing text of section 6:

6 (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid.

(2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services.

(3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it.

(4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age.

(5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother.

Clause 3: Existing text of relevant portions of section 7:

7 (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor.

. . .

(3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose.

. . .

Clause 4: Existing text of subsection 12(1):

12 (1) No person shall, except in accordance with the regulations,

(a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum;
(b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or
(c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy.

Clause 5: Existing text of relevant portions of subsection 65(1):

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

. . .
(e.‍1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income;
. . .