New

Advance Care Planning Initiative 

The Section has undertaken an exciting new project.  The CBA was approached by the Canadian Hospice Palliative Care Association (CHPCA) with respect to an initiative for developing and implementing a National Framework for Advance Care Planning in Canada. This is a five year project and our Section will be involved throughout the initiative, to support the project and to ensure that anything proposed is consistent with applicable laws.

As there are many members of our Section and other Sections who have an interest in this area, and there is an acute need for the project to have the assistance of lawyers across the country, we have established a Committee within the CBA Health Law Section, which can support the work of the project and its task force. 

If you have an interest in this area and wish to participate in this Committee, please contact Lonny Rosen.

Assisted Human Reproduction Regulations

The CBA recently responded to proposed regulations under the Assisted Human Reproduction Act (AHRA) dealing with the reimbursement of expenses. The AHRA prohibits prospective parents from paying surrogates for the service they provide, but does allow parents to reimburse for the surrogate's reasonable expenses during the pregnancy.

The principles of the AHRA give priority to the health and well-being of children born through assisted reproductive technologies and emphasize that human reproductive capacities should not be exploited for commercial ends. The Act also sets out that persons who undergo assisted reproduction procedures must not be discriminated against on the basis of orientation or marital status.

The CBA says that proposed regulations under the Assisted Human Reproduction Act will impact those people more likely to access technologies, namely those who are single, gay or lesbian. The CBA argues that regulations under the AHRA should be broad enough to not further detrimentally impact the availability of surrogates or gamete donors. This will help to ensure that the benefits of assisted reproduction procedures are available to all Canadians who seek reproductive assistance.

Submission