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Bill C-247

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1st Session, 36th Parliament,
46 Elizabeth II, 1997

The House of Commons of Canada

BILL C-247

An Act to amend the Criminal Code (genetic manipulation)

R.S., c. C-46; R.S., cc. 2, 11, 27, 31, 47, 51, 52 (1st Supp.), cc. 1, 24, 27, 35 (2nd Supp.), cc. 10, 19, 30, 34 (3rd Supp.), cc. 1, 23, 29, 30, 31, 32, 40, 42, 50 (4th Supp.); 1989, c. 2; 1990, cc. 15, 16, 17, 44; 1991, cc. 1, 4, 28, 40, 43; 1992, cc. 1, 11, 20, 21, 22, 27, 38, 41, 47, 51; 1993, cc. 7, 25, 28, 34, 37, 40, 45, 46; 1994, cc. 12, 13, 38, 44; 1995, cc. 5, 19, 22, 27, 29, 32, 39, 42; 1996, cc. 7, 8, 16, 19, 31, 34; 1997, cc. 9, 16, 17, 18, 23, 30

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

1. The Criminal Code is amended by adding the following after section 286:

Genetic manipulation

Genetic manipulation

286.1 (1) No person shall knowingly

    (a) manipulate an ovum, zygote or embryo for the purpose of producing a zygote or embryo that contains the same genetic information as a living or deceased human being or a zygote, embryo or foetus, or implant in a woman a zygote or embryo so produced; or

    (b) alter the genetic structure of an ovum, human sperm, zygote or embryo if the altered structure is capable of transmission to a subsequent generation.

Offers

(2) No person shall offer to carry out any procedure prohibited by subsection (1).

Inducements

(3) No person shall offer consideration to any person for carrying out any procedure prohibited by subsection (1).

Offence and punishment

(4) Any person who contravenes any of subsections (1) to (3) is guilty of an offence and

    (a) is liable, on summary conviction, to a fine not exceeding $250,000 or imprisonment for a term not exceeding four years or to both; or

    (b) is liable, on conviction on indictment, to a fine not exceeding $500,000 or imprisonment for a term not exceeding ten years or to both.

Court orders

(5) A court that imposes a fine or term of imprisonment on a person in respect of an offence under this section may

    (a) order the forfeiture and disposition of anything by means of which the offence was committed; or

    (b) on application by the Minister of Health, enjoin the person from engaging in any activity that, in the court's opinion, may lead to the commission of an offence under this section.

Consent of Attorney General

(6) A prosecution for an offence under this Act may not be instituted unless it is consented to by or on behalf of the Attorney General of Canada.

Definitions

(7) In this section,

``embryo''
« embryon »

``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;

``foetus''
« foetus »

``foetus'' means a human organism during the period of its development beginning on the fifty-seventh day following fertilization and ending at birth;

``ovum''
« ovule »

``ovum'' means a human ovum;

``zygote''
« zygote »

``zygote'' means a human organism during the first fourteen days of its development following fertilization, excluding any time spent in a frozen state.