Assisted Human Reproduction Canada
Encyclopedia
Assisted Human Reproduction Canada (AHRC) is a federal
regulatory agency that was established in 2006 to protect and promote
the health
, safety
, dignity
and rights
of Canadians who use or are born of assisted human reproduction technologies
. AHRC is also responsible for fostering an environment
in which ethical principles
are applied in all matters related to assisted human reproduction, while supporting scientific advances that benefit Canadians. The agency is led by a President and governed by the Board of Directors, who were appointed by the Governor in Council in December 2006. The head of the agency, the President, is currently Dr. Elinor Wilson
, since February 14, 2007 until February 13, 2012.
AHRC’s mandate
and responsibilities
are set out in the Assisted Human Reproduction Act.
. AHRC is governed by a Board of Directors
of up to 13 members, including the Chairperson and the President
. Board members are appointed by the Governor in Council.
The Board of Directors is responsible for the overall management of AHRC, including:
By law, the Board of Directors must meet at least twice a year.
respecting assisted human reproduction and related research is one of the most comprehensive pieces of legislation in the world concerning reproductive technologies and related research.
Health Canada
is responsible for developing policy
related to assisted human reproduction and regulations under the Assisted Human Reproduction Act. AHRC's role is to oversee the implementation of the Act and associated regulation
s.
Once fully in force, the AHR Act will provide Canadians with a system of licensing, monitoring
, inspection
and enforcement of activities relating to AHR in order to protect and promote Canadians’ health, safety and values. The AHR Act identifies prohibited activities, as well as controlled activities, which are AHR activities that can be performed in Canada, but require a licence and adherence to the regulations.
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 they may incur, Health Canada is developing regulations in accordance with the Act to specify what types of expenditures are eligible, and under what circumstances.
rendered an opinion that deemed sections of the Assisted Human Reproduction Act
unconstitutional. The advisory opinion, ruled that sections 10-11, 13-18, 40(2), 40(3), 40(3.1), 40(4), 40(5), and section 44(2) and 44(3) of the Act exceeded the legislative jurisdiction
of the Parliament of Canada
pursuant to the Constitution Act, 1867
. The prohibitions set out in the AHR Act under sections 5 to 9 are constitutional and continue to be in force.
, medical organization
s, patients and other interested parties, before issuing their final report. The report called on the Government of Canada
to ban activities such as payment
for sperm
or eggs
, commercial surrogacy and human cloning
. It also recommended the establishment of an independent regulatory body to govern permissible AHR activities.
On March 29, 2004, Bill C-6, An Act respecting assisted human reproduction and related research, received Royal Assent
and became law. Provisions of the Act come into force on the day fixed by order of the Governor in Council. The provisions relating to the prohibitions (sections 5 to 9) and the controlled activities are in force (except for section 12 relating to reimbursement of AHR related expenditures.) There is a transitional measure (section 71) allowing those who performed a controlled activity in the year prior to the provision coming into force (April 22, 2004) to continue to do so without a licence until such time as the relevant regulations become effective.
Assisted Human Reproduction Canada was established on January 12, 2006 to administer the Assisted Human Reproduction Act
. On December 21, 2006, the Minister of Health announced the appointment
of a new President, a Chairperson and members of the Board of Directors. The President took office on February 14, 2007.
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
regulatory agency that was established in 2006 to protect and promote
Health promotion
Health promotion has been defined by the World Health Organization's 2005 Bangkok Charter for Health Promotion in a Globalized World as "the process of enabling people to increase control over their health and its determinants, and thereby improve their health"...
the health
Health
Health is the level of functional or metabolic efficiency of a living being. In humans, it is the general condition of a person's mind, body and spirit, usually meaning to be free from illness, injury or pain...
, safety
Safety
Safety is the state of being "safe" , the condition of being protected against physical, social, spiritual, financial, political, emotional, occupational, psychological, educational or other types or consequences of failure, damage, error, accidents, harm or any other event which could be...
, dignity
Dignity
Dignity is a term used in moral, ethical, and political discussions to signify that a being has an innate right to respect and ethical treatment. It is an extension of the Enlightenment-era concepts of inherent, inalienable rights...
and rights
Rights
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
of Canadians who use or are born of assisted human reproduction technologies
Assisted reproductive technology
Assisted reproductive technology is a general term referring to methods used to achieve pregnancy by artificial or partially artificial means. It is reproductive technology used primarily in infertility treatments. Some forms of ART are also used in fertile couples for genetic reasons...
. AHRC is also responsible for fostering an environment
Social environment
The social environment of an individual, also called social context or milieu, is the culture that s/he was educated or lives in, and the people and institutions with whom the person interacts....
in which ethical principles
Principles
Principles may refer to:*Value *Principles and parameters*Principles...
are applied in all matters related to assisted human reproduction, while supporting scientific advances that benefit Canadians. The agency is led by a President and governed by the Board of Directors, who were appointed by the Governor in Council in December 2006. The head of the agency, the President, is currently Dr. Elinor Wilson
Elinor Wilson
Dr. Elinor Wilson is the current President of Assisted Human Reproduction Canada, appointed February 14, 2007 until February 13, 2012-Education:Dr. Elinor Wilson, PhD, MHSc, RN....
, since February 14, 2007 until February 13, 2012.
AHRC’s mandate
Mandate (politics)
In politics, a mandate is the authority granted by a constituency to act as its representative.The concept of a government having a legitimate mandate to govern via the fair winning of a democratic election is a central idea of democracy...
and responsibilities
Accountability
Accountability is a concept in ethics and governance with several meanings. It is often used synonymously with such concepts as responsibility, answerability, blameworthiness, liability, and other terms associated with the expectation of account-giving...
are set out in the Assisted Human Reproduction Act.
Roles and responsibilities
AHRC's responsibilities are set out in the Assisted Human Reproduction Act (AHR Act). The Agency's essential functions include:- Issuing and reviewing licences under the AHR Act
- Carrying out inspections and enforcement related to activities prohibited or controlled under the AHR Act
- Collecting, analysing and managing health reporting information relating to controlled activities
- Providing information to the public and professions on AHR and other matters under the Act, including risk factors associated with infertility
- Providing advice to the Minister of Health on issues relating to assisted human reproduction
- Monitoring and evaluating scientific and clinical developments within Canada and internationally on AHR and other matters to which the Act applies
- Consulting persons and organizations within Canada and internationally
- Maintains relationships with key international bodies with an interest in the quality, safety and ethical practices of fertility procedures.
Governance
Assisted Human Reproduction Canada was established as a Departmental Corporation (Schedule II under the Financial Administration Act) and reports to Parliament through the Minister of HealthMinister of Health (Canada)
The Minister of Health is the Minister of the Crown in the Canadian Cabinet who is responsible for overseeing the federal government's health department and the enforcing the Public Health Agency of Canada, Canada Health Act, the law governing Medicare...
. AHRC is governed by a Board of Directors
Board of directors
A board of directors is a body of elected or appointed members who jointly oversee the activities of a company or organization. Other names include board of governors, board of managers, board of regents, board of trustees, and board of visitors...
of up to 13 members, including the Chairperson and the President
President
A president is a leader of an organization, company, trade union, university, or country.Etymologically, a president is one who presides, who sits in leadership...
. Board members are appointed by the Governor in Council.
The Board of Directors is responsible for the overall management of AHRC, including:
- Providing advice to the Minister of Health on matters related to assisted human reproduction
- The approval of AHRC’s goals and operational policies
- The approval of AHRC’s budget
- The evaluation of AHRC’s performance
By law, the Board of Directors must meet at least twice a year.
The Assisted Human Reproduction Act
The Assisted Human Reproduction ActAssisted Human Reproduction Act
The Assisted Human Reproduction Act is a Canadian government legislation related to human reproduction and research. The bill was introduced for first reading on February 11, 2004 by then Minister of Health Pierre Pettigrew. The bill passed through the House to the Senate on the same day...
respecting assisted human reproduction and related research is one of the most comprehensive pieces of legislation in the world concerning reproductive technologies and related research.
Health Canada
Health Canada
Health Canada is the department of the government of Canada with responsibility for national public health.The current Minister of Health is Leona Aglukkaq, a Conservative Member of Parliament appointed to the position by Prime Minister Stephen Harper.-Branches, regions and agencies:Health Canada...
is responsible for developing policy
Policy
A policy is typically described as a principle or rule to guide decisions and achieve rational outcome. The term is not normally used to denote what is actually done, this is normally referred to as either procedure or protocol...
related to assisted human reproduction and regulations under the Assisted Human Reproduction Act. AHRC's role is to oversee the implementation of the Act and associated regulation
Regulation
Regulation is administrative legislation that constitutes or constrains rights and allocates responsibilities. It can be distinguished from primary legislation on the one hand and judge-made law on the other...
s.
Once fully in force, the AHR Act will provide Canadians with a system of licensing, monitoring
Surveillance
Surveillance is the monitoring of the behavior, activities, or other changing information, usually of people. It is sometimes done in a surreptitious manner...
, inspection
Inspection
An inspection is, most generally, an organized examination or formal evaluation exercise. In engineering activities inspection involves the measurements, tests, and gauges applied to certain characteristics in regard to an object or activity...
and enforcement of activities relating to AHR in order to protect and promote Canadians’ health, safety and values. The AHR Act identifies prohibited activities, as well as controlled activities, which are AHR activities that can be performed in Canada, but require a licence and adherence to the regulations.
Prohibited activities
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:- 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 they may incur, Health Canada is developing regulations in accordance with the Act to specify what types of expenditures are eligible, and under what circumstances.
Controlled activities
Controlled activities, set out in sections 10 to 12 of the Act, are AHR activities that, once the relevant regulations are in place, will be permitted if performed in accordance with regulations and by a licensed clinic or individual in licensed premises. They include many of the procedures already available, such as:- In vitro fertilization (IVF)
- Intra-cytoplasmic sperm injection (ICSI)
- Intrauterine insemination (IUI)
- Donor insemination
- Egg donation
- Transfer of an in vitro embryo
- Research in in vitro embryos
Supreme Court of Canada Opinion
On December 23, 2010 the Supreme Court of CanadaSupreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
rendered an opinion that deemed sections of the Assisted Human Reproduction Act
Assisted Human Reproduction Act
The Assisted Human Reproduction Act is a Canadian government legislation related to human reproduction and research. The bill was introduced for first reading on February 11, 2004 by then Minister of Health Pierre Pettigrew. The bill passed through the House to the Senate on the same day...
unconstitutional. The advisory opinion, ruled that sections 10-11, 13-18, 40(2), 40(3), 40(3.1), 40(4), 40(5), and section 44(2) and 44(3) of the Act exceeded the legislative jurisdiction
Canadian federalism
Canada is a federation with two distinct jurisdictions of political authority: the country-wide federal government and the ten regionally-based provincial governments. It also has three territorial governments in the far north, though these are subject to the federal government...
of the Parliament of Canada
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
pursuant to the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
. The prohibitions set out in the AHR Act under sections 5 to 9 are constitutional and continue to be in force.
History
In 1993, the Royal Commission on New Reproductive Technologies issued its report, “Proceed with Care.” Commissioners spent four years examining assisted human reproduction (AHR) activities in Canada. They heard from 40,000 Canadians, including doctorsPhysician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
, medical organization
Medical organization
Medical organizations support the field of medicine, which is the branch of health science, concerned with maintaining or restoring human health through the study, diagnosis, treatment and possible prevention of disease and injury....
s, patients and other interested parties, before issuing their final report. The report called on the Government of Canada
Government of Canada
The Government of Canada, formally Her Majesty's Government, is the system whereby the federation of Canada is administered by a common authority; in Canadian English, the term can mean either the collective set of institutions or specifically the Queen-in-Council...
to ban activities such as payment
Payment
A payment is the transfer of wealth from one party to another. A payment is usually made in exchange for the provision of goods, services or both, or to fulfill a legal obligation....
for sperm
Sperm
The term sperm is derived from the Greek word sperma and refers to the male reproductive cells. In the types of sexual reproduction known as anisogamy and oogamy, there is a marked difference in the size of the gametes with the smaller one being termed the "male" or sperm cell...
or eggs
Egg (biology)
An egg is an organic vessel in which an embryo first begins to develop. In most birds, reptiles, insects, molluscs, fish, and monotremes, an egg is the zygote, resulting from fertilization of the ovum, which is expelled from the body and permitted to develop outside the body until the developing...
, commercial surrogacy and human cloning
Human cloning
Human cloning is the creation of a genetically identical copy of a human. It does not usually refer to monozygotic multiple births nor the reproduction of human cells or tissue. The ethics of cloning is an extremely controversial issue...
. It also recommended the establishment of an independent regulatory body to govern permissible AHR activities.
On March 29, 2004, Bill C-6, An Act respecting assisted human reproduction and related research, received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
and became law. Provisions of the Act come into force on the day fixed by order of the Governor in Council. The provisions relating to the prohibitions (sections 5 to 9) and the controlled activities are in force (except for section 12 relating to reimbursement of AHR related expenditures.) There is a transitional measure (section 71) allowing those who performed a controlled activity in the year prior to the provision coming into force (April 22, 2004) to continue to do so without a licence until such time as the relevant regulations become effective.
Assisted Human Reproduction Canada was established on January 12, 2006 to administer the Assisted Human Reproduction Act
Assisted Human Reproduction Act
The Assisted Human Reproduction Act is a Canadian government legislation related to human reproduction and research. The bill was introduced for first reading on February 11, 2004 by then Minister of Health Pierre Pettigrew. The bill passed through the House to the Senate on the same day...
. On December 21, 2006, the Minister of Health announced the appointment
Appointment
Appointment may refer to:Law*Power of appointment, the legal ability of a testator to select another person to dispose of the testator's property*Recess appointment, a method of filling vacancies under U.S...
of a new President, a Chairperson and members of the Board of Directors. The President took office on February 14, 2007.