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Criminal Code (R.S.C., 1985, c. C-46)

Full Document:  

Act current to 2021-03-23 and last amended on 2021-03-17. Previous Versions

PART VIIIOffences Against the Person and Reputation (continued)

Medical Assistance in Dying (continued)

Marginal note:Failure to comply with safeguards

 A medical practitioner or nurse practitioner who, in providing medical assistance in dying, knowingly fails to comply, subject to subsection 241.2(3.2), with all of the requirements set out in paragraphs 241.2(3)(b) to (h) or paragraphs 241.2(3.1)(b) to (k), as the case may be, and with subsection 241.2(8) is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

  • 2016, c. 3, s. 3
  • 2019, c. 25, s. 80
  • 2021, c. 2, s. 2

Marginal note:Filing information — practitioners

  •  (1) Unless they are exempted under regulations made under subsection (3), a medical practitioner or nurse practitioner who carries out an assessment of whether a person meets the criteria set out in subsection 241.2(1) or who receives a written request for medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Filing information — responsible for preliminary assessments

    (1.1) Unless they are exempted under regulations made under subsection (3), any person who has the responsibility to carry out preliminary assessments of whether a person meets the criteria set out in subsection 241.2(1) must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Filing information — pharmacist and pharmacy technicians

    (2) Unless they are exempted under regulations made under subsection (3), a pharmacist who dispenses a substance in connection with the provision of medical assistance in dying, or the person permitted to act as a pharmacy technician under the laws of a province who dispenses a substance to aid a medical practitioner or nurse practitioner in providing a person with medical assistance in dying, must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

  • Marginal note:Regulations

    (3) The Minister of Health must make regulations that he or she considers necessary

    • (a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including

      • (i) the information to be provided, at various stages, by medical practitioners, nurse practitioners, persons referred to in subsection (1.1) who have the responsibility to carry out preliminary assessments, pharmacists and pharmacy technicians, or by a class of any of them, including

        • (A) the elements considered in the course of the assessments — preliminary or otherwise — of whether a person meets the criteria set out in subsection 241.2(1),

        • (B) information respecting the race or indigenous identity of a person who requests or receives medical assistance in dying, if the person consents to providing this information, and

        • (C) information — other than information that must be provided in relation to the assessment of eligibility to receive medical assistance in dying and the application of safeguards — respecting any disability, as defined in section 2 of the Accessible Canada Act, of a person who requests or receives medical assistance in dying, if the person consents to providing that information,

      • (ii) the form, manner and time in which the information must be provided,

      • (iii) the designation of a person as the recipient of the information, and

      • (iv) the collection of information from coroners and medical examiners;

    • (b) respecting the use, analysis and interpretation of that information, including for the purposes of determining the presence of any inequality — including systemic inequality — or disadvantage based on race, Indigenous identity, disability or other characteristics, in medical assistance in dying;

    • (b.1) respecting the protection, publication, and disclosure of that information;

    • (c) respecting the disposal of that information; and

    • (d) exempting, on any terms that may be specified, a class of persons from the requirements set out in subsections (1) to (2).

  • Marginal note:Guidelines — information on death certificates

    (3.1) The Minister of Health, after consultation with representatives of the provincial governments responsible for health, must establish guidelines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assist­ance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying.

  • Marginal note:Offence and punishment

    (4) A medical practitioner or nurse practitioner who knowingly fails to comply with subsection (1), a person having the responsibility to carry out preliminary assessments who knowingly fails to comply with subsection (1.1) or a pharmacist or pharmacy technician who knowingly fails to comply with subsection (2),

    • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Offence and punishment

    (5) Everyone who knowingly contravenes the regulations made under subsection (3)

    • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

    • (b) is guilty of an offence punishable on summary conviction.

  • Marginal note:Consultation

    (6) In performing his or her functions or duties under subsection (3), the Minister of Health must, when appropriate, consult with the minister responsible for the status of persons with disabilities.

  • 2016, c. 3, s. 4
  • 2021, c. 2, s. 3

Marginal note:Forgery

  •  (1) Everyone commits an offence who commits forgery in relation to a request for medical assistance in dying.

  • Marginal note:Destruction of documents

    (2) Everyone commits an offence who destroys a document that relates to a request for medical assistance in dying with intent to interfere with

    • (a) another person’s access to medical assistance in dying;

    • (b) the lawful assessment of a request for medical assistance in dying;

    • (c) another person invoking an exemption under any of subsections 227(1) or (2), 241(2) to (5) or 245(2); or

    • (d) the provision by a person of information under section 241.31.

  • Marginal note:Punishment

    (3) Everyone who commits an offence under subsection (1) or (2) is guilty of

    • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

    • (b) an offence punishable on summary conviction.

  • Marginal note:Definition of document

    (4) In subsection (2), document has the same meaning as in section 321.

  • 2016, c. 3, ss. 3, 5
  • 2019, c. 25, s. 81

Neglect in Child-birth and Concealing Dead Body

Marginal note:Neglect to obtain assistance in childbirth

 A female person who, being pregnant and about to be delivered, with intent that the child shall not live or with intent to conceal the birth of the child, fails to make provision for reasonable assistance in respect of her delivery is, if the child is permanently injured as a result of the failure or dies immediately before, during or in a short time after birth, as a result of the failure, guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than five years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 242
  • 2019, c. 25, s. 82

Marginal note:Concealing body of child

 Every person who in any manner disposes of the dead body of a child, with intent to conceal the fact that its mother has been delivered of it, whether the child died before, during or after birth, is guilty of

  • (a) an indictable offence and liable to imprisonment for a term of not more than two years; or

  • (b) an offence punishable on summary conviction.

  • R.S., 1985, c. C-46, s. 243
  • 2019, c. 25, s. 82
 
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