Jobs, Growth and Long-term Prosperity Act (S.C. 2012, c. 19)
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Assented to 2012-06-29
PART 4VARIOUS MEASURES
1996, c. 16Consequential Amendment to the Department of Public Works and Government Services Act
Marginal note:2007, c. 29, s. 153
712. Section 9.1 of the Department of Public Works and Government Services Act is replaced by the following:
Marginal note:Exception
9.1 Section 9 does not apply to
(a) a department within the meaning of paragraph (c) of the definition “department” in section 2 of the Financial Administration Act; or
(b) the department that is established under section 4 of the Shared Services Canada Act.
Division 562004, c. 2Assisted Human Reproduction Act
Amendments to the Act
713. (1) The definitions “assisted reproduction procedure”, “consent”, “controlled activity”, “health reporting information” and “licence” in section 3 of the Assisted Human Reproduction Act are repealed.
(2) The definition “Agency” in section 3 of the Act is repealed.
714. The Act is amended by adding the following after section 4:
Marginal note:Non-application
4.1 The Human Pathogens and Toxins Act does not apply in respect of sperm, ova and in vitro embryos to be used for the purpose of assisted human reproduction.
715. The Act is amended by adding the following after section 4.1:
Marginal note:Non-application
4.2 The Food and Drugs Act does not apply in respect of sperm and ova to be used for the purpose of assisted human reproduction.
716. The Act is amended by adding the following after section 9:
Marginal note:Purpose
10. (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease.
Marginal note:Distribution, etc. of gametes
(2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction:
(a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor;
(b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or
(c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother.
Marginal note:Exception
(3) Subsection (2) does not apply if
(a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and
(b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations.
Marginal note:Testing, etc. in respect of gametes
(4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction:
(a) sperm described in paragraph (2)(a);
(b) an ovum described in paragraph (2)(b); or
(c) an ovum described in paragraph (2)(c).
Definition of “common-law partner”
(5) In this section, “common-law partner”, in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year.
717. Section 10 of the Act and the heading before it are repealed.
718. Section 11 of the Act is repealed.
719. (1) The portion of subsection 12(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Reimbursement of expenditures
12. (1) No person shall, except in accordance with the regulations,
(2) Paragraph 12(3)(b) of the Act is replaced by the following:
(b) the reimbursement is made in accordance with the regulations.
Marginal note:2004, c. 11, s. 53
720. Sections 13 to 19 of the Act are repealed.
721. Subsection 20(2) of the Act is repealed.
Marginal note:2010, c. 12, s. 1656
722. The heading before section 21 and sections 21 to 39 of the Act are repealed.
723. The heading before section 40 of the Act is replaced by the following:
ADMINISTRATION AND ENFORCEMENT
724. Sections 40 to 43 of the Act are repealed.
725. (1) Subsection 44(1) of the Act is replaced by the following:
Marginal note:Taking measures
44. (1) If the Minister has reasonable grounds to believe that this Act has been, or is likely to be, contravened, the Minister may take, or order any person to take, all reasonable measures that the Minister considers necessary to mitigate the effects of the contravention or to prevent the contravention.
(2) Subsections 44(2) to (4) of the Act are replaced by the following:
Marginal note:Personal liability
(4) No person who takes measures under this section, or who takes measures specified in an order made under this section, is personally liable either civilly or criminally in respect of any act or omission in the course of taking those measures unless it is established that the person acted in bad faith.
Marginal note:Exception
(5) Subsection (4) does not apply to a person who has committed a contravention of this Act.
Marginal note:Statutory Instruments Act
(6) For greater certainty, orders made under this section are not statutory instruments within the meaning of the Statutory Instruments Act.
726. The heading before section 45 of the Act is repealed.
727. Section 46 of the Act is replaced by the following:
Marginal note:Designation of inspectors
46. (1) The Minister may designate persons or classes of persons employed by the government of Canada or of a province as inspectors for the purposes of the administration and enforcement of this Act.
Marginal note:Certificates to be produced
(2) An inspector shall be given a certificate in a form established by the Minister attesting to the inspector’s designation and, on entering any place or conveyance under subsection 47(1), the inspector shall, if so required, produce the certificate to the person in charge of that place or conveyance.
728. (1) Subsection 47(1) of the Act is replaced by the following:
Marginal note:Entry by inspectors
47. (1) Subject to section 48, an inspector may, for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, enter any place or conveyance in which the inspector has reasonable grounds to believe that there is any activity, material or information in respect of which any of those sections applies.
(2) The portion of subsection 47(2) of the Act before paragraph (b) is replaced by the following:
Marginal note:Inspection
(2) An inspector entering a place or conveyance may, for a purpose set out in subsection (1),
(a) examine any material or information that is relevant to that purpose;
(3) The portion of subsection 47(3) of the Act before paragraph (b) is replaced by the following:
Marginal note:Examination of information
(3) In carrying out an inspection, an inspector may, for a purpose set out in subsection (1),
(a) examine and make copies of or extracts from any books, documents or other records that the inspector believes on reasonable grounds contain information that is relevant to that purpose;
(4) Paragraph 47(3)(c) of the Act is replaced by the following:
(c) use or cause to be used any computer system to examine information relevant to that purpose that is contained in or available to the computer system;
729. Paragraph 48(2)(b) of the Act is replaced by the following:
(b) entry to the dwelling-house is necessary for a purpose related to verifying compliance or preventing non-compliance with any of sections 8, 10 and 12, and
730. Subsection 51(1) of the Act is replaced by the following:
Marginal note:Application for restoration
51. (1) A person from whom material or information is seized may, within 60 days after the date of the seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration, if the person sends to the Minister notice of their intention to do so.
731. Subsection 52(3) of the Act is replaced by the following:
Marginal note:Disposal
(3) Subject to section 54, an inspector may dispose of material or information forfeited to Her Majesty in any manner that the designated officer, as defined in the regulations, directs.
732. Sections 54 and 55 of the Act are replaced by the following:
Marginal note:Maintaining viable gametes and embryos
54. The designated officer, as defined in the regulations, shall make reasonable efforts to preserve any viable sperm, ovum or in vitro embryo that is seized under this Act or the Criminal Code. Any further measures shall be consistent with the consent of the donor or, if the consent cannot be obtained, shall be in accordance with the regulations.
Marginal note:Designation of analysts
55. The Minister may designate any person as an analyst for the purpose of the administration and enforcement of this Act.
733. Sections 58 and 59 of the Act are replaced by the following:
Marginal note:Agreements for enforcement
58. The Minister may enter into agreements with any department or agency of the government of Canada or of a province or with any law enforcement agency with respect to the administration and enforcement of this Act.
734. The portion of section 60 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
60. A person who contravenes any of sections 5 to 7 and 9 is guilty of an offence and
735. The portion of section 61 of the Act before paragraph (a) is replaced by the following:
Marginal note:Offence and punishment
61. A person who contravenes any provision of this Act — other than any of sections 5 to 7 and 9 — or of the regulations or an order made under subsection 44(1) is guilty of an offence and
736. Section 64 of the Act is replaced by the following:
Marginal note:Notice to interested authorities
64. The Minister may notify any interested authority, such as a professional licensing or disciplinary body established under the laws of Canada or a province, of the identity of a person who is charged with an offence under this Act or who there are reasonable grounds to believe may have acted in breach of any professional code of conduct.
737. (1) Paragraphs 65(1)(c) to (e) of the Act are replaced by the following:
(c) respecting the tests to be conducted in respect of sperm and ova described in any of paragraphs 10(2)(a) to (c), and the obtaining, preparation, preservation, quarantining, identification, labelling and storage of, and the assessment of the quality of, the sperm and ova;
(d) respecting the testing and screening of, and the assessment of the suitability of, donors described in paragraph 10(3)(b);
(d.1) respecting the disposition of sperm and ova described in any of paragraphs 10(2)(a) to (c);
(d.2) respecting the tracing of sperm and ova described in any of paragraphs 10(2)(a) to (c), including regulations that require
(i) measures to be taken to identify persons who have distributed, made use of or imported the sperm or ova for the purpose of assisted human reproduction, or who are storing any of them for that purpose,
(ii) the communication of information to the persons referred to in subparagraph (i), to the donors of the sperm and ova and to the persons who have undergone assisted human reproduction procedures in which the sperm or ova were used,
(iii) measures to be taken to determine the nature, cause and extent of the risks to human health and safety, and
(iv) measures to be taken in respect of the sperm and ova to reduce those risks;
(d.3) respecting the reporting to the Minister of information with respect to an activity described in section 10;
(e) respecting the reimbursement of expenditures for the purposes of subsection 12(1), including providing for the expenditures that may be reimbursed;
(2) Paragraphs 65(1)(f) to (m) of the Act are repealed.
(3) Paragraphs 65(1)(n) to (q) of the Act are replaced by the following:
(n) respecting the creation and maintenance of records by any person who
(i) engages in an activity for which written consent is required under section 8,
(ii) engages in an activity described in section 10, or
(iii) makes a reimbursement under section 12;
(4) Paragraphs 65(1)(r) to (w) of the Act are replaced by the following:
(r) authorizing the Minister, in the manner set out in the regulations, to require any person described in paragraph (n) to provide to the Minister any records that the person is required by the regulations to create or maintain, and any additional information related to the activity described in subparagraph (n)(i), (ii) or (iii), and requiring that person to provide to the Minister those records and that information within the time and in the manner set out in the regulations;
(5) Paragraph 65(1)(y) of the English version of the Act is replaced by the following:
(y) for the purposes of subsection 51(1), prescribing the information to be contained in the notice and the time and manner of sending it;
(6) Paragraphs 65(1)(z) to (z.2) of the Act are replaced by the following:
(z) respecting the further measures referred to in section 54;
(z.1) respecting the giving of consent for the purposes of section 54;
(z.2) defining “designated officer” for the purposes of subsection 52(3) and section 54;
(z.3) exempting any person from the application of section 10, conditionally or unconditionally, in the circumstances provided for in the regulations; and
(z.4) exempting from the application of subsection 12(2), conditionally or unconditionally, in the circumstances provided for in the regulations, any person who reimburses expenditures referred to in the regulations.
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