Bill S-29
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1st Session, 36th Parliament,
46-47-48 Elizabeth II, 1997-98-99
senate of canada
BILL S-29
An Act to amend the Criminal Code (Protection of Patients and Health Care Providers)
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, 39; 1998, cc. 7, 9, 15, 30, 34, 35, 37; 1999, c. 5
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 heading before section 45:
protection of patients and health care providers
2. The Act is amended by adding the following after section 45:
Definitions
45.1 The definitions in this section apply in it and in sections 45.2 to 45.5.
“health care provider”
« soignant »
« soignant »
“health care provider” means
(a) a medical practitioner duly qualified under the laws of a province who has a responsibility for providing medical or surgical treatment and care to a person;
(b) a nurse or other health care professional who, acting under the supervision and on the instructions of a medical practitioner described in paragraph (a), is involved in providing treatment or care to a person; or
(c) a person who provides treatment or care to a person under the supervision of and in accordance with the instructions given by a person described in paragraphs (a) or (b).
“life-sustaining medical treatment”
« traitement de survie »
« traitement de survie »
“life-sustaining medical treatment” means any medical or surgical practice or procedure intended to sustain, restore or supplant a vital function in order to postpone death.
Withholding or withdrawing treatment
45.2 A health care provider is protected from criminal responsibility for withholding or withdrawing life-sustaining medical treatment from a person if the health care provider acts in compliance with the relevant standards and guidelines established under section 45.5 and pursuant to
(a) a free and informed request made by the person in the presence of a witness, in writing, by words or by signs; or
(b) a written directive that appears to the health care provider, after reasonable inquiry, to have been made by the person, in accordance with the laws of the province, and not to have been revoked.
Administering medication
45.3 A health care provider is protected from criminal responsibility for administering medication to alleviate the pain or other symptoms of serious physical distress of a person if:
(a) the person has given free and informed consent in the presence of a witness, in writing, by words or by signs;
(b) the health care provider administers the medication with the primary intent of alleviating pain or other symptoms of serious physical distress; and
(c) the health care provider acts in accordance with the relevant standards and guidelines established under section 45.5.
Proxyholders
45.4 Where a person is unable to make the request referred to in section 45.2 or is unable to give the consent referred to in section 45.3, a proxyholder, court, board or other authority authorized under the laws of the province to make health care decisions on the person’s behalf may make the request and give the consent.
Standards and guidelines
45.5 (1) The Minister of Health shall establish standards and guidelines
(a) for identifying the circumstances in which medical and surgical practices and procedures constitute life-sustaining medical treatment;
(b) for determining which medical and surgical practices and procedures involve the withholding or withdrawal of life-sustaining medical treatment;
(c) for determining reasonable dose limits for medication;
(d) for determining the circumstances in which it is ethical to exceed dose limits in order to alleviate the pain or other symptoms of serious physical distress of the person; and
(e) in respect of any other matters that are necessary for carrying out the purpose of sections 45.2 to 45.4.
Consultation
(2) In establishing standards and guidelines under subsection (1), the Minister of Health shall consult the governments of the provinces and national and provincial associations of health care professionals.
Provincial standards and guidelines
(3) Where a province has standards and guidelines in respect of matters referred to in subsection (1), the Minister of Health may, in the Minister’s discretion, establish them as the standards and guidelines for that province for the purposes of subsection (1).
Publication
(4) The Minister of Health shall publish the standards and guidelines established under subsection (1) in the Canada Gazette.
No new obligation
(5) Nothing in this section or section 45.2 imposes a legal duty to provide life-sustaining medical treatment.
3. The Minister of Health shall establish the standards and guidelines referred to in section 45.5 of the Criminal Code, as enacted by section 2 of this Act, not later than one year after the day on which this Act is assented to.
coming into force
Coming into force
4. Sections 45.2 to 45.4 of the Criminal Code, as enacted by section 2 of this Act, come into force on the day that is one year after the day on which this Act is assented to.
Published under authority of the Senate of Canada