An Act to amend the Criminal Code and to make related amendments to other Acts (medical assistance in dying) (S.C. 2016, c. 3)

5 Subsection 241.4(2) of the Act is amended by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:

6 Section 245 of the Act is renumbered as subsection 245(1) and is amended by adding the following after that subsection:

Related Amendments

R.S., c. P-6Pension Act

• 7 (1) The definition improper conduct in subsection 3(1) of the Pension Act is replaced by the following:

  improper conduct

  improper conduct includes wilful disobedience of orders, vicious or criminal conduct and wilful self-inflicted wounding — except if the wound results from the receipt of medical assistance in dying and the requirement set out in paragraph 241.2(3)(a) of the Criminal Code has been met; (mauvaise conduite)

• (2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:

  medical assistance in dying

  medical assistance in dying has the same meaning as in section 241.1 of the Criminal Code; (aide médicale à mourir)

• (3) Section 3 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Deeming — medical assistance in dying

    (4) For the purposes of this Act, if a member of the forces receives medical assistance in dying, that member is deemed to have died as a result of the illness, disease or disability for which they were determined to be eligible to receive that assistance, in accordance with paragraph 241.2(3)(a) of the Criminal Code.

1992, c. 20Corrections and Conditional Release Act

8 Section 19 of the Corrections and Conditional Release Act is amended by adding the following after subsection (1):

2005, c. 21Canadian Forces Members and Veterans Re-establishment and Compensation Act

• 9 (1) Subsection 2(1) of the Canadian Forces Members and Veterans Re-establishment and Compensation Act is amended by adding the following in alphabetical order:

  medical assistance in dying

  medical assistance in dying has the same meaning as in section 241.1 of the Criminal Code. (aide médicale à mourir)

• (2) Section 2 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Interpretation — medical assistance in dying

    (6) For the purposes of this Act, a member or veteran has neither inflicted wilful self-injury nor engaged in improper conduct by reason only that they receive medical as­sistance in dying, if the requirement set out in paragraph 241.2(3)(a) of the Criminal Code has been met.

  • Marginal note:Deeming — medical assistance in dying

    (7) For the purposes of this Act, if a member or a veteran receives medical assistance in dying, that member or veteran is deemed to have died as a result of the illness, disease or disability for which they were determined to be eligible to receive that assistance, in accordance with paragraph 241.2(3)(a) of the Criminal Code.

Independent Review

Marginal note:Mature minors, advance requests and mental illness

• 9.1 (1) The Minister of Justice and the Minister of Health must, no later than 180 days after the day on which this Act receives royal assent, initiate one or more independent reviews of issues relating to requests by mature minors for medical assistance in dying, to advance requests and to requests where mental illness is the sole underlying medical condition.

• (2) The Minister of Justice and the Minister of Health must, no later than two years after the day on which a review is initiated, cause one or more reports on the review, including any findings or recommendations resulting from it, to be laid before each House of Parliament.

Review of Act

Marginal note:Review by committee

• 10 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted by this Act are to be referred to the committee of the Senate, of the House of Commons or of both Houses of Parliament that may be designated or established for the purpose of reviewing the provisions.

• Marginal note:Report

  (2) The committee to which the provisions are referred is to review them and the state of palliative care in Canada and submit a report to the House or Houses of Parliament of which it is a committee, including a statement setting out any changes to the provisions that the committee recommends.

Coming into Force

Marginal note:Order in council

11 Sections 4 and 5 come into force 12 months after the day on which this Act receives royal assent or on any earlier day that may be fixed by order of the Governor in Council.