Assisted Human Reproduction Act

{{main|Reference re Assisted Human Reproduction Act}}

On December 22, 2010, the Supreme Court of Canada declared some sections of the Assisted Human Reproduction Act unconstitutional.[http://scc.lexum.org/en/2010/2010scc61/2010scc61.html Reference re Assisted Human Reproduction Act, 2010 SCC 61] {{Webarchive|url=https://web.archive.org/web/20111104204506/http://scc.lexum.org/en/2010/2010scc61/2010scc61.html |date=2011-11-04 }}, [2010] 3 S.C.R. 457 It was ruled that the sections listed below exceeded the legislative jurisdiction of the Parliament of Canada under the Constitution Act, 1867:

• 10,11,13: Certain provisions regarding controlled activities
• 14-18: Certain provisions regarding privacy and access to information
• 40(2), 40(3), 40(3.1), 40(4), 40(5), 44(2), 44(3): Certain provisions regarding administration

:{{Color box|lightgreen|border=darkgray}} = in force April 22, 2004

:{{Color box|yellow|border=darkgray}} = in force January 12, 2006

:{{Color box|lightblue|border=darkgray}} = December 1, 2007

:{{Color box|lightpink|border=darkgray}} = unconstitutional

:{{Color box|lightgray|border=darkgray}} = not yet in force (as of February 2012)

Prohibited activities, defined in sections 5 to 9 of the Act, are AHR activities that Parliament has determined to be ethically unacceptable or incompatible with Canadian values, or to pose significant risks to the health, safety and values of Canadians. These activities are not allowed in Canada. Prohibitions include:{{cn|date=August 2024}}

• Creating an in vitro embryo for any purpose other than creating a human being or improving or providing instruction in assisted reproduction procedures
• Human cloning.
• Pre-selecting or increasing the probability that an embryo will be a particular sex (except to prevent a sex-linked genetic condition).
• Transplanting a sperm, egg, embryo or foetus of a non-human life form into a human being, or using a sperm, egg, or in vitro embryo that was transplanted into a non-human life form to create a human being
• Creating a hybrid for the purpose of reproduction, or transplanting a hybrid into a human being or non-human life form
• Creating a chimera for any purpose, or transplanting a chimera into a human being or non-human life form
• Using gametes or in vitro embryos without the consent of the donor of the gametes or embryo
• Obtaining gametes from a person under 18 years of age (except for own use preservation purposes)
• Paying, offering to pay, or advertising payment for sperm, eggs or in vitro embryos from donors or for the services of surrogate mothers (including payment to a third party for arranging for the services of a surrogate mother)

This last prohibition prevents the "commercialization" of human reproduction in Canada. While the Act currently allows donors and surrogate mothers to be reimbursed for legitimate expenses, Health Canada is developing specific regulations about what constitutes a legitimate expenditure.{{cn|date=August 2024}}

Controlled activities, set out in sections 10 to 12 of the Act, are AHR activities permitted if performed in accordance with regulations and by a licensed clinic or individual in licensed premises. However, section 10, which addressed the "use of human reproductive material," and section 11, which addressed "transgenics," were ruled ultra vires. Section 12, which addresses the "reimbursement of expenditures" for providing gametes and surrogacy services, is intra vires but is not yet in force.{{cn|date=August 2024}}

{{Reflist}}

• [http://laws-lois.justice.gc.ca/eng/acts/A-13.4/FullText.html Assisted Human Reproductive Act] (Full text)
• [https://web.archive.org/web/20120422154608/http://www.ahrc-pac.gc.ca/v2/faq/ahraFAQ-lspaFAQ-eng.php Frequently Asked Questions about the Assisted Human Reproductive Act], Government of Canada

Category:2006 in Canadian law

Category:2007 in Canadian law

Category:Canadian federal legislation

Category:Reproductive rights

Category:Surrogacy

Category:2004 in Canadian law