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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.

AHRC’s mandate and responsibilities are set out in the Assisted Human Reproduction Act.

Contents

[edit] 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 developments within Canada and internationally on AHR and other matters to which the Act applies
  • Consulting persons and organizations within Canada and internationally

[edit] 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 Health. 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:

  • 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.

[edit] The Assisted Human Reproduction Act

The Act 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.[citation needed]

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 regulations.

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.

[edit] 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.

[edit] 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

[edit] 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 doctors, medical organizations, 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.

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