Consent for Use of Human Reproductive Material and In Vitro Embryos Regulations — 16
16 (1) Despite sections 3 and 4, in the case of human reproductive material obtained before the coming into force of these Regulations, a person may make use of the human reproductive material to create an embryo for a purpose mentioned in any of paragraphs 4(1)(b) to (e) if the person has the written consent of the persons whose human reproductive material was used to create the embryo, dated before the coming into force of these Regulations, stating that the human reproductive material may be used for that purpose. (2) Despite sections 12, 13 and 13.2, in the case of an in vitro embryo created before the coming into force of these Regulations, a person may make use of the embryo for (a) the purpose mentioned in paragraph 13(1)(b) if the person has the written consent of the donor of the embryo, dated before the coming into force of these Regulations, stating that the embryo may be used for that purpose; (b) a purpose mentioned in paragraph 13(1)(c) or (d) if the person has (i) in the case of the embryo having been created for that purpose, the written consent of the persons whose human reproductive material was used to create the embryo, dated before the coming into force of these Regulations, stating that their human reproductive material may be used to create an in vitro embryo for that purpose, or (ii) in the case of the embryo having been created for another purpose but not required for the purpose for which it was created, (A) the written consent of the donor of the embryo, dated before the coming into force of these Regulations, stating that the embryo may be used for the purpose mentioned in paragraph 13(1)(c) or (d), as the case may be, and (B) the written consent of the persons whose human reproductive material was used to create the embryo, dated before the coming into force of these Regulations, stating that if the embryo is not required for the purpose for which it was created, it may be used for the purpose of providing instruction in assisted reproduction procedures or improving assisted reproduction procedures, as the case may be, unless those persons have already consented to that use as the donor of the embryo; (c) the purpose mentioned in paragraph 13(1)(e), if the person has (i) the written consent of the donor of the embryo, dated before the coming into force of these Regulations, stating that the embryo may be used for that purpose, and (ii) the written consent of the persons whose human reproductive material was used to create the embryo, dated before the coming into force of these Regulations, stating that if the embryo is not required for the purpose for which it was created, it may be used for research, unless those persons have already consented to that use as the donor of the embryo. (3) Despite sections 3 and 4, in the case of an in vitro embryo created after the coming into force of these Regulations using human reproductive material obtained before the coming into force of these Regulations, a person may make use of the embryo for a purpose mentioned in paragraph 13(1)(c), (d) or (e) if (a) the requirements of sections 12 and 13 are satisfied; and (b) the person has the written consent of the persons whose human reproductive material was used to create the embryo, dated before the coming into force of these Regulations, stating that if the embryo is not required for the purpose for which it was created, it may be used for the purpose of providing instruction in assisted reproduction procedures, improving assisted reproduction procedures or other research, as the case may be, unless those persons have already consented to that use as the donor of the embryo. SOR/2019-195, s. 12