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C-13: Cloning and Bio-Ethics |
Summary of Bill C-13
An Act Respecting Assisted Human Reproduction
Bill C-13 is consistent with the current (2002) guidelines developed by the CIHR, as
both were based on extensive consultations between Health Canada, research scientists,
and the medical community.
The legislation, an Act Respecting Assisted Human Reproduction, has several overriding
goals:
- Giving priority to the health and well being of children born through assisted
human reproduction
- Protecting the health of women using reproductive procedures
- Legislating a consistent set of rules across Canada
- Criminalizing human cloning and certain procedures related to genetic research
or reproductive technologies
- Permitting others to be carried out only under specific prescribed conditions
- Clarifying the rules surrounding donor privacy
- Creating a federal agency to license and regulate the industry
Prohibited Activities
Activities prohibited under Bill C-13 include the following:
- Creating a human clone or transplanting a human clone into a human being
- Creating an in vitro embryo (an embryo outside a human body) for any purpose other
than creating a human being or improving assisted human reproductive procedures. (For
example, this section prohibits creating an in vitro embryo solely for research purposes)
- Maintaining an embryo outside a female body for more than fourteen days, excluding
time during which its development has been suspended (fertility clinics routinely
freeze embryos until needed).
- The manipulation of genetic material to determine an embryo’s characteristics,
such as eye or hair colour
- The sale of human eggs and sperm
- 'Rent a womb' contracts, where surrogate mothers are paid to bear children
Performing prohibited activities is an indictable offence, punishable by fines up to
$500,000, ten years imprisonment, or both.
Controlled Activities
The legislation allows certain activities to be carried out under regulated conditions.
Controlled activities include the following:
- Altering, manipulating, or treating human reproductive material in order to create
an embryo
- Performing research on surplus embryos from fertility clinics
- Using surplus embryos from fertility clinics to create stem cell lines for research
purposes
- Donating eggs or sperm or other reproductive material, either for research or reproductive
purposes
- Surrogate motherhood, provided that the women are over eighteen years of age and
are not paid for the service. (Donors and surrogate mothers can be reimbursed for
specific expenses if a receipt is provided. In limited cases surrogate mothers can
be compensated for lost income).
- In vitro fertilization and other assisted human reproductive technologies
Failure to follow the regulations for controlled activities can lead to fines up to
$250,000, five years imprisonment, or both.
Creation of a Regulatory Agency
Bill C-13 would create the Assisted Human Reproduction Agency of Canada (the AHRAC)
to oversee all activities related to assisted human reproduction:
- Inspecting AHR clinics and research laboratories
- Issuing licenses for controlled activities
- Renewing, amending, suspending or revoking licenses where necessary
- Monitoring and evaluating new developments in AHR technology
- Advising the Minister of Health on AHR matters
- Collecting health reporting information and maintaining a donor registry
- Keeping the public informed on issues related to AHR technologies
The AHRAC’s governing structure is as follows:
- An organizational body separate from Health Canada, but reporting to the Minister
of Health
- Subject to the Access to Information and Privacy Acts, and audits by the Auditor
General
- Reporting requirements of other government departments, including reporting to
Parliament with performance reports and planning and priorities reports
- Managed by a president and board of directors, appointed by the federal government
- The president and board members must have a relevant background in the AHR field,
but cannot be licensees.
Despite the AHRAC’s advisory role, the Health Minister has the power to issue policy
directives to the agency, which must be followed. Ultimate responsibility for issues
such as designating whether a particular activity should be controlled or prohibited
remains with the federal government. Furthermore, the Minister must introduce any proposed
changes to these areas in Parliament.
Donor Anonymity
Licensees must provide the AHRAC with basic health reporting information collected
from persons undergoing assisted reproductive procedures, persons conceived by means
of these techniques, and donors of human reproductive material. This information includes
the identity of these individuals, their genetic information, and medical history.
In the case of donors, the information must be kept confidential unless the donor consents
to disclose it. There are exceptions, such as if two people believe they are genetically
related as a result of an AHR procedure. But in most cases, the donor’s health information
and their identity remains confidential. Unless the donor’s written consent is obtained,
children born through the use of donated eggs or sperm do not have the right to know
their biological parents' identity.
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