Bill C-47
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2nd Session, 35th Parliament, 45-46 Elizabeth II, 1996-97
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The House of Commons of Canada
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BILL C-47 |
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An Act respecting human reproductive
technologies and commercial
transactions relating to human
reproduction
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| Preamble
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WHEREAS the Parliament of Canada is
gravely concerned about the significant threat
to human dignity, the risks to human health
and safety, both known and unknown, and
other serious social and ethical issues posed by
certain reproductive and genetic
technologies;
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WHEREAS the Parliament of Canada
acknowledges the health and ethical dangers
inherent in the commercialization of human
reproduction, including the sale of
reproductive materials, the trade in
reproductive capacities of women and the
exploitation of women and children for
commercial ends;
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AND WHEREAS the Parliament of Canada
recognizes the need for measures to protect
and promote human dignity and equality and
the best interests of children in relation to such
technologies and transactions;
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NOW, THEREFORE, Her Majesty, by and
with the advice and consent of the Senate and
House of Commons of Canada, enacts as
follows:
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SHORT TITLE |
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| Short title
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1. This Act may be cited as the Human
Reproductive and Genetic Technologies Act.
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INTERPRETATION |
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| Definitions
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2. The definitions in this section apply in
this Act.
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| ``donor'' « donneur »
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``donor'', in relation to ova or sperm, means
the person who produces the ova or sperm,
whether or not for purposes of donation.
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| ``embryo'' « embryon »
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``embryo'' means a human organism during
the period of its development beginning on
the fifteenth day and ending on the
fifty-sixth day following fertilization.
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| ``foetus'' « foetus »
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``foetus'' means a human organism during the
period of its development beginning on the
fifty-seventh day following fertilization
and ending at birth.
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| ``Minister'' « ministre »
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``Minister'' means the Minister of Health.
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| ``ovum'' « ovule »
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``ovum'' means a human ovum.
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| ``sperm'' « sperme »
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``sperm'' means a human sperm.
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| ``zygote'' « zygote »
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``zygote'' means a human organism during the
first fourteen days of its development
following fertilization, excluding any time
spent in a frozen state.
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OBJECTS |
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| Objects of Act
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3. The objects of this Act are
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PROHIBITED ACTIVITIES |
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| Prohibited
procedures
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4. (1) No person shall knowingly
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| Offers
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(2) No person shall offer to do anything
prohibited by subsection (1).
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| Inducements
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(3) No person shall offer consideration to
any person for carrying out any procedure
prohibited by subsection (1).
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| Payment for
surrogacy
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5. (1) No person shall provide consideration
to a woman to serve as a surrogate mother or
offer, either privately or publicly, to provide
consideration for such services .
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| Payment to
intermedia- ries
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(2) No person shall provide or offer to
provide consideration to a person to arrange
the services of a surrogate mother.
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| Acting as
intermediary
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(3) No person shall arrange or offer to
arrange, for consideration, the services of
another person as a surrogate mother.
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| Meaning of
``surrogate
mother''
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(4) For the purposes of this section, a
surrogate mother is a woman who agrees to
carry a child, conceived from an ovum, sperm
or zygote provided by a donor, and to
surrender the child after birth.
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| Purchase and
sale
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6. (1) No person shall sell, purchase, barter
or exchange, or offer to sell, purchase, barter
or exchange, any ovum, sperm, zygote,
embryo or foetus, or any part thereof .
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| Considera- tion for donation
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(2) No person shall provide to a donor, and
no donor shall accept, any consideration for
the donation of ova or sperm, except a
donation of sperm made during the period of
three years following the coming into force of
this section.
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| Expenses of
collection
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(3) Subsection (1) does not apply in respect
of the recovery of expenses incurred by a
person other than a donor in the collection,
storage or distribution of ova or sperm.
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| Use of ovum
without
consent
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7. (1) No person shall use any ovum for the
purpose of research, donation, maturation,
fertilization or implantation in a woman
unless the donor of the ovum has consented to
its use for that purpose.
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| Use of sperm
without
consent
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(2) No person shall use any sperm for the
purpose of research, donation, maturation,
fertilization or insemination of a woman
unless the donor of the sperm has consented to
its use for that purpose.
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| Use of zygote
or embryo
without
consent
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(3) No person shall use a zygote or embryo
for the purpose of research or implantation in
a woman unless the donors of the ovum and
sperm that produced it have consented to its
use for that purpose.
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| Exception
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(4) Subsection (2) does not apply in respect
of the use of sperm for purposes of
identification or prosecution in relation to an
offence under the Criminal Code.
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ENFORCEMENT |
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| Offence and
punishment
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8. Any person who contravenes any of
sections 4 to 7 is guilty of an offence and
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| Notice to
interested
authorities
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9. The Minister may notify any interested
authority established under the laws of
Canada or a province of the identity of a
person charged with an offence under this Act.
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| Court orders
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10. A court that imposes a fine or term of
imprisonment on a person in respect of an
offence under this Act may
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| Consent of
Attorney
General
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11. A prosecution for an offence under this
Act may not be instituted unless it is consented
to by the Attorney General, within the
meaning of the Criminal Code .
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| Inspectors and
analysts
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12. The Minister may designate any person
or any class of persons to be an inspector or an
analyst for the purposes of this Act, and
sections 22 to 29 and 35 of the Food and Drugs
Act apply to those persons, with such
modifications as the circumstances require.
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| Regulations
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13. The Governor in Council may make
regulations for carrying out the purposes and
provisions of this Act.
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COMING INTO FORCE |
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| Coming into
force
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14. This Act or any of its provisions comes
into force on a day or days to be fixed by order
of the Governor in Council.
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