This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs and tissue. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration is of the opinion that they have engaged in any activities relating to trafficking in human organs or tissue.

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

Offence outside Canada

(4.‍2) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.‍1 is deemed to commit that act or omission in Canada if the person is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act.

Consent of Attorney General

(4.‍3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.‍1) Insertion start or (4.‍2) Insertion end may only be instituted with the consent of the Attorney General.

Trafficking in Human Organs

Removal without informed consent

240.‍1 (1) Everyone commits an offence who

• (a) obtains an organ or tissue to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent;

• (b) carries out, participates in or facilitates the removal of an organ or tissue from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent; or

• (c) acts on behalf of, at the direction of or in association with a person who removes an organ or tissue from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent.

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Financial transaction

(2) Everyone commits an offence who obtains or participates in or facilitates the obtaining of an organ or tissue from the body of another person for the purposes of having that organ or tissue transplanted into their body or the body of another person, knowing that it was obtained for consideration or being reckless as to whether or not it was obtained for consideration.

Punishment

(3) Everyone who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for life.

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  (c.‍1) having engaged in conduct that would, in the opinion of the Minister, constitute an offence under section 240.‍1 of the Criminal Code;

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