Marginal note:Court orders
62. A court that imposes a fine or term of imprisonment on a person in respect of an offence under this Act may
(a) order the forfeiture and disposition, subject to section 54, of any material or information by means of which or in relation to which the offence was committed; or
(b) on application by the Attorney General of Canada, order the person not to engage in any activity that, in the court's opinion, may lead to the commission of an offence under this Act.
Marginal note:Consent of Attorney General
63. A prosecution for an offence under this Act may not be instituted except with the consent of the Attorney General of Canada.
Marginal note:Notice to interested authorities
64. The Agency 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.
Marginal note:Regulations of Governor in Council
65. (1) The Governor in Council may make regulations for carrying into effect the purposes and provisions of this Act and, in particular, may make regulations
(a) defining “donor”, in relation to an in vitro embryo;
(b) for the purposes of section 8, respecting the giving of consent for the use of human reproductive material or an in vitro embryo or for the removal of human reproductive material;
(c) for the purposes of sections 10 and 11, designating controlled activities or classes of controlled activities that may be authorized by a licence;
(d) for the purposes of section 11, specifying parts or proportions of the human genome, and parts of the genome of any species;
(e) for the purposes of subsection 12(1), respecting the reasonable expenditures that may be reimbursed under a licence;
(e.1) for the purposes of subsection 12(3), respecting the reimbursement of a loss of income;
(f) respecting the conduct of controlled activities or any class of controlled activities and the use of facilities and equipment in controlled activities;
(g) respecting the number of children that may be created from the gametes of one donor through the application of assisted reproduction procedures;
(h) respecting the terms and conditions of licences;
(i) respecting the issuance of licences for clinical trials referred to in subsection 40(3) and the conduct of clinical trials, including the giving of consent by donors of human reproductive material or in vitro embryos and persons undergoing assisted reproduction procedures;
(j) respecting the qualifications for licences for controlled activities or any class of controlled activities;
(k) respecting the issuance, amendment, renewal, suspension, restoration and revocation of licences;
(l) respecting the information to be provided in respect of applications for a licence or for the renewal or amendment of a licence;
(m) respecting the identification and labelling of human reproductive materials and in vitro embryos used in controlled activities;
(n) respecting the creation and maintenance of records by a licensee, and access to them by the Agency;
(o) respecting the collection, use and disclosure of health reporting information, including the health reporting information collected under subsection 14(1) and disclosed under section 15;
(p) respecting the counselling services referred to in paragraph 14(2)(b);
(q) respecting the providing of information under paragraph 14(2)(d);
(r) respecting the reporting to the Agency of information obtained by a licensee under this Act;
(s) for the purposes of paragraph 15(2)(d) or 18(5)(b), specifying the provisions of any federal or provincial law;
(s.1) respecting the notification of the Agency under subsection 15(3.1);
(t) for the purposes of subsection 16(2) or (3), respecting the destruction of health reporting information, human reproductive material or in vitro embryos;
(u) for the purposes of paragraph 18(6)(c), identifying professional licensing and disciplinary bodies;
(v) prescribing the information to be made available under section 19 and the manner of its availability for inspection by the public;
(w) for the purposes of subsection 46(1), specifying the qualifications of inspectors;
(x) respecting the treatment and disposition of material or information seized under this Act or the Criminal Code;
(y) for the purposes of subsection 51(1), prescribing the information and the time and manner of sending it;
(z) for the purposes of subsection 54(2) or (3), defining “responsible person” and prescribing the manner of disposing of human reproductive material, an in vitro embryo, a foetus or any part of an in vitro embryo or foetus;
(z.1) for the purposes of section 71, fixing a day; and
(z.2) exempting controlled activities or classes of controlled activities, generally or in circumstances prescribed by the regulations, from the provisions of this Act, subject to any terms and conditions prescribed in the regulations.
Marginal note:Incorporation by reference
(2) The regulations may incorporate any document by reference, regardless of its source, either as it reads on a particular date or as it is amended from time to time.
Marginal note:Documents in one language
(3) Where a document that is available in both official languages has been incorporated by reference as amended from time to time, an amendment to one language version of that document is not incorporated until the corresponding amendment is made to the other language version.
Marginal note:Statutory Instruments Act
(4) A document does not become a regulation within the meaning of the Statutory Instruments Act merely because it is incorporated by reference.
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