Basically, as I said, the legislation doesn't make a difference. The legislation is very clear that you need to get consent from the individual from whom the embryo was created.
Also, the legislation requires that even before you can do research, the agency will have to be satisfied before issuing a licence to someone to use an vitro embryo for research. As you know, the agency has to be satisfied that the use of the in vitro embryo is required for the purpose of the research, and in the case of stem cell research, as stipulated in subsection 43(1), they would also have to have the signed consent of the gamete or embryo donors before they can make a decision about issuing a licence.