GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Arctic Waters Pollution Prevention Act — A-12 24
Court may order forfeiture 24 (1) Where a ship is convicted of an offence under this Act, or where the owner of a ship or an owner of all or part of the cargo thereof is convicted of an offence under paragraph 19(1)(b), the convicting court may, if the ship and its cargo were seized under subsection 23(1), in addition to any other penalty imposed, order that the ship and cargo or the ship or its cargo or any part thereof be forfeited and, on the making of the order, the ship and cargo or the ship or its cargo or part thereof are or is forfeited to Her Majesty in right of Canada. Forfeiture of proceeds of sale (2) Where any cargo or part thereof that is ordered to be forfeited under subsection (1) has been sold under subsection 23(3), the proceeds of the sale are, on the making of that order, forfeited to Her Majesty in right of Canada. R.S., c. 2(1st Supp.), s. 24
Arctic Waters Pollution Prevention Act — A-12 25
Redelivery of ship and cargo on bond 25 (1) Where a ship and cargo have been seized under subsection 23(1) and proceedings that could result in an order that the ship and cargo be forfeited have been instituted, the court in or before which the proceedings have been instituted may, with the consent of the Governor in Council, order redelivery of the ship and cargo, to the person from whom they were seized, on the giving of security to Her Majesty in right of Canada by bond, with two sureties, in an amount and form satisfactory to the Governor in Council. Seized ship, etc., to be returned unless proceedings instituted (2) Any ship and cargo seized under subsection 23(1) or the proceeds realized from a sale of any perishable cargo under subsection 23(3) shall be returned or paid to the person from whom the ship and cargo were seized within thirty days from the seizure thereof unless, prior to the expiration of the thirty days, proceedings are instituted in respect of an offence alleged to have been committed by the ship against this Act or in respect of an offence under paragraph 19(1)(b) alleged to have been committed by the owner of the ship or an owner of all or part of the cargo thereof. Return if no forfeiture ordered (3) Where a ship and cargo have been seized under subsection 23(1) and proceedings referred to in subsection (2) have been instituted, but the ship and cargo or ship or cargo or part thereof or any proceeds realized from the sale of the cargo or any part thereof are not at the final conclusion of the proceedings ordered to be forfeited, they or it shall, subject to subsection (4), be returned or the proceeds shall be paid to the person from whom the ship and cargo were seized. Exception in case of conviction and fine (4) Where the proceedings referred to in subsection (3) result in a conviction and a fine is imposed, (a) the ship and cargo or proceeds may be detained until the fine is paid; (b) the ship and cargo may be sold under execution in satisfaction of the fine; or (c) the proceeds realized from a sale of the cargo or any part thereof may be applied in payment of the fine. R.S., c. 2(1st Supp.), s. 24
Arctic Waters Pollution Prevention Act — A-12 26
Disposal of forfeited ship 26 Where proceedings referred to in subsection 25(2) are instituted and, at the final conclusion of those proceedings, a ship and cargo or ship or cargo or part thereof are or is ordered to be forfeited, they or it may, subject to section 27, be disposed of as the Governor in Council directs. R.S., c. 2(1st Supp.), s. 24
Arctic Waters Pollution Prevention Act — A-12 27
Protection of persons claiming interest 27 (1) The provisions of sections 74 to 77 of the Fisheries Act apply, with such modifications as the circumstances require, in respect of any ship and cargo forfeited under this Act as though the ship and cargo were, respectively, a vessel and goods forfeited under subsection 72(1) of that Act. Reading references in applying Fisheries Act (2) References to “the Minister” in sections 75 and 76 of the Fisheries Act shall, in applying those sections for the purposes of this Act, be read as references to the Governor in Council and the phrase “other than a person convicted of the offence that resulted in the forfeiture or a person in whose possession the vessel, vehicle, article, goods or fish were when seized” shall be deemed to include a reference to the owner of the ship where it is the ship that is convicted of the offence that results in the forfeiture. R.S., c. 2(1st Supp.), s. 25
Arctic Waters Pollution Prevention Act — A-12 28
Delegation of powers of the Governor in Council 28 (1) The Governor in Council may, by order, delegate to any member of the Queen’s Privy Council for Canada designated in the order the power and authority to do any act or thing that the Governor in Council is directed or empowered to do under this Act and, on the making of such an order, the provisions of this Act that direct or empower the Governor in Council and to which the order relates shall be read as if the title of the member of the Queen’s Privy Council for Canada designated in the order were substituted therein for the expression “the Governor in Council”. Limitation (2) This section does not apply to authorize the Governor in Council to delegate any power vested in the Governor in Council under this Act to make regulations, prescribe shipping safety control zones or designate pollution prevention officers and their powers, other than pollution prevention officers with only those powers set out in subsection 15(1) or (2). R.S., c. 2(1st Supp.), s. 26
Arctic Waters Pollution Prevention Act — A-12 29
Fines to be paid to Receiver General 29 All fines imposed pursuant to this Act belong to Her Majesty in right of Canada and shall be paid to the Receiver General. R.S., c. 2(1st Supp.), s. 27
Assisted Human Reproduction Act — A-13.4
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Assisted Human Reproduction Act — A-13.4 1
Short title 1 This Act may be cited as the Assisted Human Reproduction Act .
Assisted Human Reproduction Act — A-13.4 2
Declaration 2 The Parliament of Canada recognizes and declares that (a) the health and well-being of children born through the application of assisted human reproductive technologies must be given priority in all decisions respecting their use; (b) the benefits of assisted human reproductive technologies and related research for individuals, for families and for society in general can be most effectively secured by taking appropriate measures for the protection and promotion of human health, safety, dignity and rights in the use of these technologies and in related research; (c) while all persons are affected by these technologies, women more than men are directly and significantly affected by their application and the health and well-being of women must be protected in the application of these technologies; (d) the principle of free and informed consent must be promoted and applied as a fundamental condition of the use of human reproductive technologies; (e) persons who seek to undergo assisted reproduction procedures must not be discriminated against, including on the basis of their sexual orientation or marital status; (f) trade in the reproductive capabilities of women and men and the exploitation of children, women and men for commercial ends raise health and ethical concerns that justify their prohibition; and (g) human individuality and diversity, and the integrity of the human genome, must be preserved and protected.
Assisted Human Reproduction Act — A-13.4 3
Definitions 3 The following definitions apply in this Act. Agency [Repealed, 2012, c. 19, s. 713] assisted reproduction procedure [Repealed, 2012, c. 19, s. 713] chimera means (a) an embryo into which a cell of any non-human life form has been introduced; or (b) an embryo that consists of cells of more than one embryo, foetus or human being. ( chimère ) consent [Repealed, 2012, c. 19, s. 713] controlled activity [Repealed, 2012, c. 19, s. 713] donor means (a) in relation to human reproductive material, the individual from whose body it was obtained, whether for consideration or not; and (b) in relation to an in vitro embryo, a donor as defined in the regulations. ( donneur ) embryo means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being. ( embryon ) foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation, excluding any time during which its development has been suspended, and ending at birth. ( foetus ) gene includes a nucleotide sequence, and an artificially created gene or nucleotide sequence. ( gène ) genome means the totality of the deoxyribonucleic acid sequence of a particular cell. ( génome ) health reporting information [Repealed, 2012, c. 19, s. 713] human clone means an embryo that, as a result of the manipulation of human reproductive material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single — living or deceased — human being, foetus or embryo. ( clone humain ) human reproductive material means a sperm, ovum or other human cell or a human gene, and includes a part of any of them. ( matériel reproductif humain ) hybrid means (a) a human ovum that has been fertilized by a sperm of a non-human life form; (b) an ovum of a non-human life form that has been fertilized by a human sperm; (c) a human ovum into which the nucleus of a cell of a non-human life form has been introduced; (d) an ovum of a non-human life form into which the nucleus of a human cell has been introduced; or (e) a human ovum or an ovum of a non-human life form that otherwise contains haploid sets of chromosomes from both a human being and a non-human life form. ( hybride ) in vitro embryo means an embryo that exists outside the body of a human being. ( embryon in vitro ) licence [Repealed, 2012, c. 19, s. 713] Minister means the Minister of Health. ( ministre ) ovum means a human ovum, whether mature or not. ( ovule ) sperm means a human sperm, whether mature or not. ( spermatozoïde ) surrogate mother means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. ( mère porteuse ) 2004, c. 2, s. 3; 2012, c. 19, s. 713
Assisted Human Reproduction Act — A-13.4
assisted reproduction procedure [Repealed, 2012, c. 19, s. 713]
Assisted Human Reproduction Act — A-13.4 (a)
chimera means (a) an embryo into which a cell of any non-human life form has been introduced; or (b) an embryo that consists of cells of more than one embryo, foetus or human being. ( chimère )
Assisted Human Reproduction Act — A-13.4
controlled activity [Repealed, 2012, c. 19, s. 713]
Assisted Human Reproduction Act — A-13.4 (a)
donor means (a) in relation to human reproductive material, the individual from whose body it was obtained, whether for consideration or not; and (b) in relation to an in vitro embryo, a donor as defined in the regulations. ( donneur )
Assisted Human Reproduction Act — A-13.4
embryo means a human organism during the first 56 days of its development following fertilization or creation, excluding any time during which its development has been suspended, and includes any cell derived from such an organism that is used for the purpose of creating a human being. ( embryon )
Assisted Human Reproduction Act — A-13.4
foetus means a human organism during the period of its development beginning on the fifty-seventh day following fertilization or creation, excluding any time during which its development has been suspended, and ending at birth. ( foetus )
Assisted Human Reproduction Act — A-13.4
gene includes a nucleotide sequence, and an artificially created gene or nucleotide sequence. ( gène )
Assisted Human Reproduction Act — A-13.4
genome means the totality of the deoxyribonucleic acid sequence of a particular cell. ( génome )
Assisted Human Reproduction Act — A-13.4
health reporting information [Repealed, 2012, c. 19, s. 713]
Assisted Human Reproduction Act — A-13.4
human clone means an embryo that, as a result of the manipulation of human reproductive material or an in vitro embryo, contains a diploid set of chromosomes obtained from a single — living or deceased — human being, foetus or embryo. ( clone humain )
Assisted Human Reproduction Act — A-13.4
human reproductive material means a sperm, ovum or other human cell or a human gene, and includes a part of any of them. ( matériel reproductif humain )
Assisted Human Reproduction Act — A-13.4 (a)
hybrid means (a) a human ovum that has been fertilized by a sperm of a non-human life form; (b) an ovum of a non-human life form that has been fertilized by a human sperm; (c) a human ovum into which the nucleus of a cell of a non-human life form has been introduced; (d) an ovum of a non-human life form into which the nucleus of a human cell has been introduced; or (e) a human ovum or an ovum of a non-human life form that otherwise contains haploid sets of chromosomes from both a human being and a non-human life form. ( hybride )
Assisted Human Reproduction Act — A-13.4
in vitro embryo means an embryo that exists outside the body of a human being. ( embryon in vitro )
Assisted Human Reproduction Act — A-13.4
Minister means the Minister of Health. ( ministre )
Assisted Human Reproduction Act — A-13.4
ovum means a human ovum, whether mature or not. ( ovule )
Assisted Human Reproduction Act — A-13.4
sperm means a human sperm, whether mature or not. ( spermatozoïde )
Assisted Human Reproduction Act — A-13.4
surrogate mother means a female person who — with the intention of surrendering the child at birth to a donor or another person — carries an embryo or foetus that was conceived by means of an assisted reproduction procedure and derived from the genes of a donor or donors. ( mère porteuse )
Assisted Human Reproduction Act — A-13.4 4
Her Majesty bound 4 This Act is binding on Her Majesty in right of Canada or a province.
Assisted Human Reproduction Act — A-13.4 4.1
Non-application 4.1 The Human Pathogens and Toxins Act does not apply in respect of sperm, ova and in vitro embryos to be used for the purpose of assisted human reproduction. 2012, c. 19, s. 714
Assisted Human Reproduction Act — A-13.4 4.2
Non-application 4.2 The Food and Drugs Act does not apply in respect of sperm and ova to be used for the purpose of assisted human reproduction. 2012, c. 19, s. 715
Assisted Human Reproduction Act — A-13.4 5
Prohibited procedures 5 (1) No person shall knowingly (a) create a human clone by using any technique, or transplant a human clone into a human being or into any non-human life form or artificial device; (b) create an in vitro embryo for any purpose other than creating a human being or improving or providing instruction in assisted reproduction procedures; (c) for the purpose of creating a human being, create an embryo from a cell or part of a cell taken from an embryo or foetus or transplant an embryo so created into a human being; (d) maintain an embryo outside the body of a female person after the fourteenth day of its development following fertilization or creation, excluding any time during which its development has been suspended; (e) for the purpose of creating a human being, perform any procedure or provide, prescribe or administer any thing that would ensure or increase the probability that an embryo will be of a particular sex, or that would identify the sex of an in vitro embryo, except to prevent, diagnose or treat a sex-linked disorder or disease; (f) alter the genome of a cell of a human being or in vitro embryo such that the alteration is capable of being transmitted to descendants; (g) transplant a sperm, ovum, embryo or foetus of a non-human life form into a human being; (h) for the purpose of creating a human being, make use of any human reproductive material or an in vitro embryo that is or was transplanted into a non-human life form; (i) create a chimera, or transplant a chimera into either a human being or a non-human life form; or (j) create a hybrid for the purpose of reproduction, or transplant a hybrid into either a human being or a non-human life form. Offers (2) No person shall offer to do, or advertise the doing of, anything prohibited by this section. Payment for prohibited act (3) No person shall pay or offer to pay consideration to any person for doing anything prohibited by this section.
Assisted Human Reproduction Act — A-13.4 6
Payment for surrogacy 6 (1) No person shall pay consideration to a female person to be a surrogate mother, offer to pay such consideration or advertise that it will be paid. Acting as intermediary (2) No person shall accept consideration for arranging for the services of a surrogate mother, offer to make such an arrangement for consideration or advertise the arranging of such services. Payment to intermediaries (3) No person shall pay consideration to another person to arrange for the services of a surrogate mother, offer to pay such consideration or advertise the payment of it. Surrogate mother — minimum age (4) No person shall counsel or induce a female person to become a surrogate mother, or perform any medical procedure to assist a female person to become a surrogate mother, knowing or having reason to believe that the female person is under 21 years of age. Validity of agreement (5) This section does not affect the validity under provincial law of any agreement under which a person agrees to be a surrogate mother.
Assisted Human Reproduction Act — A-13.4 7
Purchase of gametes 7 (1) No person shall purchase, offer to purchase or advertise for the purchase of sperm or ova from a donor or a person acting on behalf of a donor. Purchase or sale of embryos (2) No person shall (a) purchase, offer to purchase or advertise for the purchase of an in vitro embryo; or (b) sell, offer for sale or advertise for sale an in vitro embryo. Purchase of other reproductive material (3) No person shall purchase, offer to purchase or advertise for the purchase of a human cell or gene from a donor or a person acting on behalf of a donor, with the intention of using the gene or cell to create a human being or of making it available for that purpose. Exchanges included (4) In this section, “purchase” or “sell” includes to acquire or dispose of in exchange for property or services.
Assisted Human Reproduction Act — A-13.4 8
Use of reproductive material without consent 8 (1) No person shall make use of human reproductive material for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its use for that purpose. Posthumous use without consent (2) No person shall remove human reproductive material from a donor’s body after the donor’s death for the purpose of creating an embryo unless the donor of the material has given written consent, in accordance with the regulations, to its removal for that purpose. Use of in vitro embryo without consent (3) No person shall make use of an in vitro embryo for any purpose unless the donor has given written consent, in accordance with the regulations, to its use for that purpose.
Assisted Human Reproduction Act — A-13.4 9
Gametes obtained from minor 9 No person shall obtain any sperm or ovum from a donor under 18 years of age, or use any sperm or ovum so obtained, except for the purpose of preserving the sperm or ovum or for the purpose of creating a human being that the person reasonably believes will be raised by the donor.
Assisted Human Reproduction Act — A-13.4 10
Purpose 10 (1) The purpose of this section is to reduce the risks to human health and safety arising from the use of sperm or ova for the purpose of assisted human reproduction, including the risk of the transmission of disease. Distribution, etc. of gametes (2) Subject to subsection (3), no person shall distribute, make use of or import any of the following for the purpose of assisted human reproduction: (a) sperm that has been obtained from a donor and that is meant for the use of a female person other than a spouse, common-law partner or sexual partner of the donor; (b) an ovum that has been obtained from a donor and that is meant for the use of a female person other than the donor or the spouse, common-law partner or sexual partner of the donor; or (c) an ovum that has been obtained from a donor and that is meant for the donor’s use as a surrogate mother. Exception (3) Subsection (2) does not apply if (a) tests have been conducted in respect of the sperm or ovum in accordance with the regulations, and the sperm or ovum has been obtained, prepared, preserved, quarantined, identified, labelled and stored and its quality assessed in accordance with the regulations; and (b) the donor of the sperm or ovum has been screened and tested, and the donor’s suitability has been assessed, in accordance with the regulations. Testing, etc. in respect of gametes (4) No person shall, except in accordance with the regulations, engage in any activity described in paragraph (3)(a) or (b) in respect of any of the following with the intention of distributing or making use of it for the purpose of assisted human reproduction: (a) sperm described in paragraph (2)(a); (b) an ovum described in paragraph (2)(b); or (c) an ovum described in paragraph (2)(c). Definition of common-law partner (5) In this section, common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship at the relevant time, having so cohabited for a period of at least one year. 2004, c. 2, s. 10 2012, c. 19, ss. 716, 717
Assisted Human Reproduction Act — A-13.4 12
Reimbursement of expenditures 12 (1) No person shall, except in accordance with the regulations, (a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum; (b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or (c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy. Receipts (2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure. No reimbursement (3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless (a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or foetus; and (b) the reimbursement is made in accordance with the regulations. 2004, c. 2, s. 12; 2012, c. 19, s. 719
Assisted Human Reproduction Act — A-13.4 14
14 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 15
15 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 16
16 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 17
17 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 18
18 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 19
19 [Repealed before coming into force, 2012, c. 19, s. 720]
Assisted Human Reproduction Act — A-13.4 20
Assisted human reproduction policy 20 (1) The Minister is responsible for the policy of the Government of Canada respecting assisted human reproduction and any other matter that, in the opinion of the Minister, relates to the subject-matter of this Act. (2) [Repealed, 2012, c. 19, s. 721] 2004, c. 2, s. 20; 2012, c. 19, s. 721
Assisted Human Reproduction Act — A-13.4 40
40 [Repealed before coming into force, 2012, c. 19, s. 724]
Assisted Human Reproduction Act — A-13.4 41
41 [Repealed before coming into force, 2012, c. 19, s. 724]
Assisted Human Reproduction Act — A-13.4 42
42 [Repealed before coming into force, 2012, c. 19, s. 724]