COVID-19 Update: We are working remotely and available to help our clients. Learn more
Thursday January 26, 2017

Health Canada Looking to Develop Regulations Governing the Reimbursement of Expenditures to Surrogates

Authored by: Terrance G. Sheppard Posted in: Family Law

In a Press Release dated September 30, 2016, Health Canada announced they were looking at making several adaptations to the regulations under the Assisted Human Reproduction Act (“AHRA”).  Specifically, they are looking at:

The first two items are likely to be reasonably uncontroversial; It has always been an oddity that donor semen regulation was under the Food and Drug Act.  However, the proposal to regulate reimbursable expenses for surrogates has caused a lot of consternation. 

Currently, the AHRA states: 

The AHRA was passed by the Federal Government in March of 2004.   Almost immediately they began gathering information and preparing procedures to regulate the reimbursement of expenditures to surrogates.  In the current regulation, Section 65(1)(e) allows the government to pass regulations respecting the reasonable expenditures that may be reimbursed.

In 2007 they published a Public Consultation Document looking for public feedback and input. Findings showed many believed that the proposed regulations were very restrictive.  The Canadian Bar Association made submissions to Health Canada in September 2007 which proposed to expand the expenses that could be reimbursed.  In their submission the CBA stated:

“The categories set out in the Consultation Document for Expenditures related to surrogacy are, in our view, far too narrow.  Again, the list should not be exhaustive.”  

The fear with the pending regulations is that they will be too narrow and fewer and fewer women will want to become a surrogate.  This could drive Canadian intended parents to the United States or overseas looking for surrogates where there is little regulation and the cost are high.

If there are any questions related to fertility law, contact Terrance G. Sheppard.

Share This Post:

Ask a question about this post.

Any Questions

Recent Blog Posts

Blog Post | Thursday June 25, 2020

Saskatchewan Bill 205 – Changes for Surrogates and Intended Parents

Authored by: Terrance G. Sheppard Authored by: Kelsey J. Webb Posted in: Family Law

Bill 205 passed royal assent on March 16th. Although the Act is not yet in force, the changes led to some much-needed updates to Saskatchewan’s Children’s Law Act and fertility law.

Read full article
Blog Post | Monday June 22, 2020

What is the award for your pain and suffering from a vehicle collision?

Authored by: Shafic A. Khouri Authored by: David S.R. Parker Posted in: Personal Injury

If you suffered minor injuries from a motor vehicle collision, Nova Scotia law sets a limit for the amount you can be awarded for your pain and suffering. This limit depends on the year in which the collision happened.

Read full article
Blog Post | Wednesday June 10, 2020

PPSA Security Registration Update

Authored by: Joshua J. Santimaw Posted in: Business Litigation

The Nova Scotia Registrar in Bankruptcy issued the decision Rizzato (Re), 2020 NSSC 63, on April 24, 2020.

Read full article
Blog Post | Monday June 8, 2020

Hurt? We can help. Request a free personal injury consultation

Authored by: David S.R. Parker Authored by: Shafic A. Khouri Posted in: Personal Injury

Recovering from an injury is by itself difficult enough. But in the aftermath of an injury, you may also need to deal with multiple other personal issues caused by your injuries.

Read full article