Evidence of meeting #32 for Health in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was regulations.
A recording is available from Parliament.
Conservative
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
Very narrow, yes.
Conservative
The Chair Conservative Rob Merrifield
Okay. When it gets to the fresh ones, that becomes something that I see has been a change here. When a young lady wants to become pregnant and has embryos produced, the only way they would be fresh and used for anything other than those two purposes would be if there is solely consent given to use them for the scientific research and not the reproductive research. Am I right? If they are for reproduction, they would be frozen. They wouldn't know whether the reproduction process was successful or not for some time after.
That has become a little difficult on the consent side of this, as to how you would have a fresh embryo, with consent, for scientific research.
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
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.
Conservative
The Chair Conservative Rob Merrifield
Okay. So let me put this in a different question. If someone were to come in, give you written consent for scientific research on the embryos and create those embryos solely for that purpose and not use them for reproduction, would that be against this law?
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
The purposes for which you can create an embryo are very clear, and you are allowed a consent form. It's only for the purposes that are written in the legislation. You can only create an embryo either to create a human being or to improve or provide instruction. When individuals are going to consent under section 8, they will have to tick for which purposes in vitro embryos can be created, and it is only for those purposes.
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
Once they are created, the option is there for the individual to decide what they want to do after they have used them for their reproductive—
Conservative
Steven Fletcher Conservative Charleswood—St. James—Assiniboia, MB
Mr. Chair, should we just not go around and ask the questions?
Conservative
The Chair Conservative Rob Merrifield
We will do that. I just wanted clarification from the researchers on the past question.
Ms. Priddy, you have five minutes.
NDP
Penny Priddy NDP Surrey North, BC
Thank you, Mr. Chair.
I have several questions. Some of them are really easy, so I just need quick answers.
First, is there any restriction on who can be a witness to the consent?
Second, the education material that is to be created by the agency or is the responsibility of the agency, given that they have a fairly large budget and not an active board, but lots of money that we seem to have approved last week or the week before...I'm wondering if some of that work has been done currently and whether there's anything we could actually look at.
Third, I want to follow up Dr. Bennett's comment. It's one thing to have education and awareness material “available”. I don't know how I know it's available. If I've gone to a private clinic, are they going to say to me, here's the 1-800 number you call and there will be a trained, experienced person on the other end of that? And how many languages will this line be available in, because that's a major concern across this country these days?
I've come into this a bit late, and this may be a foolish question, but when somebody signs an organ transplant card, is there any way that sperm is included under organ transplant? I'm just curious. I'm wondering if under those circumstances, if the donor is dying and we talk about a donor who has died or is dying...I'm not sure how one actually goes about getting consent for how sperm can be used.
My last question, and I think the chairperson was getting at this point, is if you're going to run a stem line or create a stem line using the in vitro, does it say somewhere in the consent how far you can and cannot go with that stem line and with those stem cells in terms of research that will produce--and maybe it's covered off by the word “reproduce”--a human being? So is there something that says the research can only go this far if you're running a stem line and collecting stem cells?
Thank you, and maybe they weren't so easy.
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
If I remember all your questions, in terms of the first one on the restriction of the witnesses, no, there have not been restrictions, but there has to be a witness. The signature needs to be witnessed, but there are no restrictions.
I don't know if you want to answer the question about the agency or in terms of the education material or the.... Your question was about whether we had started to do some work since you voted the budget for the agency.
Hélène, do you want to respond?
Director General, Policy Development Directorate, Department of Health
I can basically say that while the agency was established in January, it cannot begin its operations until a board of directors has been appointed. So it will not begin its operations until the board of directors is named.
Director General, Policy Development Directorate, Department of Health
Kata, do you want to answer the other questions.
Acting Director, Assisted Human Reproduction Implementation Office, Department of Health
No. I was just going to talk about the board.
You were talking about the funding of the board, and therefore because it's not operational it cannot access the funds that have been set aside for that board, and until--
December 7th, 2006 / 4:15 p.m.
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
For the organ transplants, and you're talking about sperm, basically it's very clear in the legislation. I don't think it's part of the organ transplant. I think it's seen as separate, because of the potential it has, basically. And you have to sign a consent even if you die and somebody wants to take your sperm afterwards for the purpose of creating an embryo.
If it's for other purposes, the legislation doesn't cover it, but for the purpose of creating an embryo, you would have had to sign a consent prior to, to get your material withdrawn from you, and a consent to be able to use it to create an embryo for your spouse or your common law partner.
NDP
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
You would have to have gotten it before—
NDP
Penny Priddy NDP Surrey North, BC
Why? Because organ transplants are often gotten at the very end of life, I must admit.
Senior Strategic Policy Advisor, Assisted Human Reproduction Implementation Office, Department of Health
Yes, but if the purpose is to create an in vitro embryo for reproduction, you would have to have thought about it beforehand and signed a consent with a witness.
Director General, Policy Development Directorate, Department of Health
Your question about dying is a very important one, and I appreciate you raising it. One assumes that the person is conscious. So, obviously, if a person is dying—
Director General, Policy Development Directorate, Department of Health
If a person is dying and wishes to...provided they follow the procedure, then—