Processing and Distribution of Semen for Assisted Conception Regulations (SOR/96-254)

16. (1) Where the results of the investigation demonstrate that all or some of the semen is not contaminated by an infectious agent, the processor

• (a) shall prepare a list specifying the identification codes marked on the containers of the semen that is not contaminated;

• (b) shall notify each person referred to in paragraph 15(1)(c), in writing, that the containers having the identification codes specified in the list may be distributed; and

• (c) may distribute the containers in the processor’s possession that have the identification codes specified in the list.

(2) Where the results of the investigation demonstrate that all or some of the semen is contaminated by an infectious agent, the processor shall

• (a) prepare a list specifying the identification codes marked on the containers of the semen that is contaminated;

• (b) notify each person referred to in paragraph 15(1)(c), in writing, that all quarantined containers having the identification codes specified in the list must be collected by the processor;

• (c) collect and destroy the containers of semen referred to in paragraph (b); and

• (d) destroy the containers of semen in quarantine under paragraph 15(1)(a) that have the identification codes specified in the list.

(3) Where the results of the investigation are inconclusive as to whether all or some of the semen is contaminated by an infectious agent, the processor shall

• (a) prepare a list specifying the identification codes marked on the containers of that semen;

• (b) notify each person referred to in paragraph 15(1)(c), in writing, either

  • (i) that all quarantined containers having the identification codes specified in the list must be destroyed or reserved for special access distribution, or

  • (ii) that all quarantined containers having the identification codes specified in the list must be destroyed, reserved for special access distribution or kept in quarantine until collected by the processor;

• (c) if the person to whom the processor gave a notice under subparagraph (b)(ii) informs the processor that the person has chosen to have the processor collect the containers as proposed in the notice, collect those containers and destroy them or reserve them for special access distribution; and

• (d) destroy the containers of semen in the processor’s possession having the identification codes specified in the list or reserve them for special access distribution.

17. (1) Every person who receives a notice of an investigation from a processor shall

• (a) quarantine all containers of semen having the identification codes referred to in the notice until the person receives a further notice under section 16; or

• (b) destroy those containers of semen.

(2) Where the person receives a notice referred to in paragraph 16(1)(b), the person may distribute the semen specified in the notice.

(3) Where the person receives a notice referred to in paragraph 16(2)(b), the person shall

• (a) keep in quarantine all containers of the semen having the identification codes referred to in the notice until they are collected by the processor, or destroy them; and

• (b) provide a written report to the processor as soon as possible indicating, for each identification code referred to in the notice, the number of containers received by the person and the number that were distributed or destroyed.

(4) Where the person receives a notice referred to in paragraph 16(3)(b), the person shall

• (a) take one of the following actions, namely,

  • (i) destroy all the containers of the semen in the person’s possession having the identification codes referred to in the notice,

  • (ii) reserve those containers for special access distribution, or

  • (iii) in the case of a notice that proposes the collection of those containers, if the person chooses this option, inform the processor in writing of this decision and keep those containers in quarantine until they are collected by the processor; and

• (b) provide a written report to the processor as soon as possible indicating, for each identification code referred to in the notice, the number of containers received by the person and the number of containers that were distributed, destroyed, reserved for special access distribution or kept in quarantine for collection by the processor.