News Release
2002-34
May 9, 2002
For immediate release
Government introduces Legislation on Assisted Human Reproduction including the creation
of a Regulatory Agency
OTTAWA - The Honourable Anne McLellan, Minister of Health, today introduced in
the House of Commons an Act Respecting Assisted Human Reproduction. The comprehensive
legislation will protect the health and safety of Canadians using assisted human reproduction
(AHR) to help them build their families; will prohibit unacceptable activities such as
human cloning; and, will regulate AHR activities and related research.  The Bill also establishes the Assisted Human Reproduction Agency of Canada (AHRAC)
which will license, monitor and enforce the AHR Act and regulations.
The proposed AHR Act responds to the report of the House of Commons Standing Committee
on Health which reviewed the Government of Canada's draft AHR legislation and made a series
of recommendations on December 12, 2001. It also responds to the needs of the estimated
one in eight Canadian couples who are reported to suffer from infertility.
"This legislation addresses some very complex and important issues. Canadians have made
it clear that they want safe AHR procedures and the benefit of important medical discoveries,
but not at any cost. This proposed Act clarifies what we, as a society, find acceptable," said
Minister McLellan. "On behalf of the Government of Canada, I would like to thank the House
of Commons Standing Committee on Health for its part in consulting with Canadians and for
conducting a full review of the draft legislation."
The proposed Act Respecting Assisted Human Reproduction would:
- protect Canadians using AHR to help them build a family, so that their health and safety
are not compromised;
- prohibit unacceptable practices;
- regulate AHR activities and related research; and,
- establish the Assisted Human Reproduction Agency of Canada.
The proposed Bill seeks to safeguard Canadians by:
- protecting the health, safety and privacy of those who turn to AHR and that of the
children born as a result of AHR;
- ensuring that Canadians considering donating eggs, sperm or embryos for AHR treatment
or research, give fully informed written consent prior to any procedure; and,
- giving children born through donated reproductive material access to medical information
about the donors. The identification of a donor would be treated in a similar fashion
to the manner in which provinces deal with adoption, i.e., the release of donor identification
is an option with donor consent.
The proposed Bill prohibits unacceptable practices such as:
- creating a human clone for any purpose (i.e. reproductive or therapeutic purposes);
- identifying the sex of an embryo created for reproductive purposes, except for medical
reasons such as sex-linked disorders;
- creating human/non-human combinations for reproductive purposes;
- paying a woman a financial incentive to be a surrogate mother (commercial surrogacy);
- paying a donor for their sperm or eggs, or providing goods or services in exchange;
and,
- selling or buying human embryos, or providing goods or services in exchange.
The proposed legislation authorizes the regulation of AHR activities and related
research including:
- the collection, alteration, manipulation or treatment of any human reproductive material
for the purpose of creating an embryo (e.g. in vitro fertilization);
- the collection of donors' medical information; and,
- the storage, handling and use of reproductive materials and embryos.
The Assisted Human Reproduction Agency of Canada will:
- operate as a separate organizational entity from Health Canada reporting to the Minister
of Health;
- have up to 13 members on a Board of Directors reflecting a range of backgrounds and
disciplines;
- be responsible for licensing, monitoring and enforcement of the Act and its regulations;
- maintain a donor/offspring registry; and,
- provide reliable information on AHR to Canadians.
Regulations will be developed by Health Canada in consultation with provincial/territorial
governments, and stakeholders including medical organizations.
Regulated research using embryos has important applications. It may answer many questions
about the causes of infertility. It may also aid in the development of treatments for conditions
such as Alzheimer's, Parkinson's, cancer and spinal cord injuries.
The proposed Act puts Canada in line with measures taken in other major industrialized
countries. It is a comprehensive and integrated approach, drawing on best practices and
experiences from countries around the world.
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Media Inquiries:
Tara Madigan
Health Canada
(613) 946-4250
Farah Mohamed
Office of Anne McLellan
Minister of Health
(613) 957-1694
Public Inquiries:
(613) 957-2991
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