Bill C-13
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2nd Session, 37th Parliament, 51 Elizabeth II, 2002
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House of Commons of Canada
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BILL C-13 |
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An Act respecting assisted human
reproduction
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SHORT TITLE |
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Short title
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1. This Act may be cited as the Assisted
Human Reproduction Act.
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PRINCIPLES |
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Declaration
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2. The Parliament of Canada recognizes
and declares that
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INTERPRETATION AND APPLICATION |
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Definitions
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3. The following definitions apply in this
Act.
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``Agency'' « Agence »
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``Agency'' means the Assisted Human
Reproduction Agency of Canada
established by subsection 21(1).
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``assisted
reproduction
procedure'' « technique de procréation assistée »
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``assisted reproduction procedure'' means any
controlled activity referred to in section 10
that is performed for the purpose of creating
a human being.
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``chimera'' « chimère »
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``chimera'' means
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``consent'' « consenteme nt »
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``consent'' means fully informed and freely
given consent that is given in accordance
with the applicable law governing consent.
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``controlled
activity'' « activité réglementée »
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``controlled activity'' means an activity that
may not be undertaken except in
accordance with sections 10 to 12.
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``donor'' « donneur »
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``donor'' means
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``embryo'' « embryon »
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``embryo'' means a human organism during
the first 56 days of its development
following fertilization or creation,
excluding any time during which its
development has been suspended, and
includes any cell derived from such an
organism that is used for the purpose of
creating a human being.
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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 or
creation, excluding any time during which
its development has been suspended, and
ending at birth.
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``gene'' « gène »
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``gene'' includes a nucleotide sequence, and
an artificially created gene or nucleotide
sequence.
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``genome'' « génome »
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``genome'' means the totality of the
deoxyribonucleic acid sequence of a
particular cell.
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``health
reporting
information'' « renseigneme nt médical »
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``health reporting information'' means
information provided under this Act
respecting
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``human
clone'' « clone humain »
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``human clone'' means an embryo that, as a
result of the manipulation of human
reproductive material or an in vitro embryo,
contains the same nuclear
deoxyribonucleic acid sequence as is found
in the cell of a living or deceased human
being, foetus or other embryo.
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``human
reproductive
material'' « matériel reproductif humain »
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``human reproductive material'' means a
sperm, ovum or other human cell or a
human gene, and includes a part of any of
them.
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``hybrid'' « hybride »
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``hybrid'' means
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``in vitro
embryo'' « embryon in vitro »
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``in vitro embryo'' means an embryo that
exists outside the body of a human being.
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``licence'' « autorisation »
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``licence'' means a licence issued in respect of
a controlled activity or premises under
section 40.
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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, whether
mature or not.
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``sperm'' « spermatozoï de »
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``sperm'' means a human sperm, whether
mature or not.
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``surrogate
mother'' « mère porteuse »
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``surrogate mother'' means a female person
who carries an embryo or foetus derived
from the genes of a donor or donors with the
intention of surrendering the child at birth
to a donor or another person.
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Her Majesty
bound
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4. This Act is binding on Her Majesty in
right of Canada or a province.
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PROHIBITED ACTIVITIES |
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Prohibited
procedures
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5. (1) No person shall knowingly
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Offers
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(2) No person shall offer to do, or advertise
the doing of, anything prohibited by this
section.
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Payment for
prohibited act
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(3) No person shall pay or offer to pay
consideration to any person for doing
anything prohibited by this section.
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Payment for
surrogacy
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6. (1) No person shall pay consideration to
a female person to become a surrogate mother,
offer to pay such consideration or advertise
that it will be paid.
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Acting as
intermediary
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(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.
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Payment to
intermediaries
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(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.
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Minors as
surrogates
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(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 18 years of age.
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Purchase of
gametes
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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.
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Purchase or
sale of
embryos
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(2) No person shall
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Purchase of
other
reproductive
material
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(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.
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Exchanges
included
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(4) In this section, ``purchase'' or ``sell''
includes to acquire or dispose of in exchange
for property or services.
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Use of
reproductive
material
without
consent
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8. (1) No person shall make use of human
reproductive material for the purpose of
creating an embryo unless the donor of the
material has given written consent, in
accordance with the regulations, to its use for
that purpose.
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Posthumous
use without
consent
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(2) No person shall remove human
reproductive material from a donor's body
after the donor's death for the purpose of
creating an embryo unless the donor of the
material has given written consent, in
accordance with the regulations, to its
removal for that purpose.
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Use of in vitro
embryo
without
consent
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(3) No person shall make use of an in vitro
embryo for any purpose unless the donor has
given written consent, in accordance with the
regulations, to its use for that purpose.
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Gametes
obtained from
minor
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9. No person shall obtain any sperm or
ovum from a donor under 18 years of age, or
use any sperm or ovum so obtained, except for
the purpose of preserving the sperm or ovum
or for the purpose of creating a human being
that the person reasonably believes will be
raised by the donor.
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