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FederalDid not become law (session ended)42nd Parliament, 1st Session

Bill S-240 explained in plain English

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
42nd Parliament, 1st Session
Bill number
Bill S-240
Full title
An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)
Current status
Did not become law (session ended)
Latest event
At consideration in the Senate of amendments made by the House of Commons
Last updated
May 14, 2019

Official Parliament of Canada snapshot for 42nd Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At consideration in the Senate of amendments made by the House of Commons
Latest Activity
May 14, 2019
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-240 amends the Criminal Code to create new offences related to trafficking in human organs and amends the Immigration and Refugee Protection Act to make people inadmissible to Canada if they have engaged in organ trafficking.

What It Means

Bill S-240 makes it a federal crime to traffic in human organs for transplantation. The bill creates three new criminal offences: (1) obtaining an organ knowing or being reckless that the donor did not give informed consent; (2) removing, participating in, or facilitating the removal of an organ knowing or being reckless that the donor did not give informed consent; and (3) obtaining an organ for transplantation knowing or being reckless that it was obtained for money or other consideration. All three offences carry a maximum penalty of 14 years imprisonment. The bill defines "informed consent" as consent given by someone capable of making health decisions and who understands all material facts, including the nature of the procedure, risks, and side effects. The bill also extends Canadian criminal jurisdiction to Canadian citizens and permanent residents who commit these offences outside Canada. Medical practitioners who treat patients receiving organ transplants must report the patient's name (if known) and the transplant fact to a federally designated authority. The bill amends the Immigration and Refugee Protection Act to make permanent residents and foreign nationals inadmissible to Canada if the Minister of Citizenship and Immigration believes they have engaged in conduct that would constitute an organ trafficking offence.

What This Bill Does
  • Creates three new criminal offences under section 240.1 of the Criminal Code: (1) obtaining an organ for transplantation without informed consent, (2) removing, participating in, or facilitating removal of an organ without informed consent, and (3) obtaining an organ for transplantation knowing it was obtained for financial consideration
  • Establishes a maximum penalty of 14 years imprisonment for these offences
  • Defines 'informed consent' as consent given by a person capable of making health decisions and with knowledge and understanding of all material facts, including the nature of the procedure, risks, and side effects
  • Extends Canadian criminal jurisdiction to Canadian citizens and permanent residents who commit organ trafficking offences outside Canada
  • Requires medical practitioners to report to a federally designated authority the name of any patient receiving an organ transplant
  • Amends the Immigration and Refugee Protection Act to declare permanent residents and foreign nationals inadmissible to Canada if the Minister believes they have engaged in conduct constituting an organ trafficking offence
  • Requires Attorney General consent to proceed with prosecutions for offences committed outside Canada
Who Is Affected
  • Canadian citizens and permanent residents who may be prosecuted for organ trafficking offences committed outside Canada
  • Foreign nationals and permanent residents seeking to enter or remain in Canada who may be found inadmissible based on organ trafficking activities
  • Medical practitioners and health care providers who treat organ transplant patients and must report these cases
  • Persons involved in organ trafficking activities inside or outside Canada
  • People seeking organ transplants and organ donors
Rights, Duties, Or Obligations
  • Medical practitioners treating organ transplant patients must report the patient's name (if known) and the transplant fact to a federally designated authority as soon as reasonably practicable
  • Only the Attorney General may consent to proceed with prosecutions of organ trafficking offences committed outside Canada
  • All three organ trafficking offences carry a maximum penalty of 14 years imprisonment upon conviction
  • For informed consent to be valid, a donor must be capable of making health decisions and must understand all material facts about the procedure, risks, and side effects
  • Permanent residents and foreign nationals may be deemed inadmissible to Canada if the Minister of Citizenship and Immigration believes they have engaged in organ trafficking conduct
Important Dates
  • Bill status as of provided information: At consideration in the Senate of amendments made by the House of Commons; no commencement date is specified in the bill text provided
Financial Or Tax Impacts
  • Obtaining or participating in obtaining an organ knowing it was obtained for financial consideration is a separate criminal offence carrying up to 14 years imprisonment
Enforcement Or Penalties
  • Maximum penalty of 14 years imprisonment for any offence under section 240.1 (obtaining organ without consent, removing organ without consent, or obtaining organ for consideration)
  • Immigration enforcement through inadmissibility findings leading to deportation or denial of entry
Uncertainties Or Limits
  • The bill text does not specify which federal authority will be designated to receive medical practitioner reports on organ transplants; this will be determined by an order of the Governor in Council
  • The bill does not specify a commencement date; the date on which these provisions come into force is not provided in the text
  • The scope of 'medical practitioner' is defined by reference to section 241.1 of the Criminal Code, which is not provided in this bill text
  • The bill does not detail how the Minister of Citizenship and Immigration will determine whether someone has engaged in organ trafficking conduct for immigration inadmissibility purposes
  • The phrase 'for the purposes of having that organ transplanted' in section 240.1(3) may be subject to interpretation in cases where the ultimate purpose is unclear
Laws Or Regulations Affected
Criminal Code - Section 7 (Offence outside Canada)
amends

Adds new subsection (4.2) allowing Canadian citizens and permanent residents who commit organ trafficking offences outside Canada to be prosecuted in Canadian courts as if they committed the offence in Canada

Source: Section 1 of Bill S-240

Criminal Code - Section 7(4.3) (Consent of Attorney General)
amends

Clarifies that prosecutions for acts deemed to occur in Canada under the new subsection (4.2) require Attorney General consent

Source: Section 1(2) of Bill S-240

Criminal Code - Section 240.1 (Trafficking in Human Organs)
creates

Creates three new criminal offences related to human organ trafficking, with a maximum penalty of 14 years imprisonment

Source: Section 2 of Bill S-240

Criminal Code - Section 240.2 (Medical Practitioner Reporting)
creates

Requires medical practitioners to report organ transplant patients to a federally designated authority

Source: Section 2 of Bill S-240

Immigration and Refugee Protection Act - Subsection 35(1) (Inadmissibility)
amends

Adds new paragraph (c.1) making people inadmissible to Canada if the Minister believes they have engaged in organ trafficking activities that would constitute an offence under Criminal Code section 240.1

Source: Section 3 of Bill S-240

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text
Official summary
Official summary (Parliament of Canada)

The official summary published alongside the bill, shown exactly as written.

Source: Parliament of Canada (LEGISinfo)

Third-party sourceView on LEGISinfo

The pre-release version of this Legislative Summary is now available. Parliamentarians and their staff can obtain a copy by submitting a request or contacting the Library of Parliament. Members of the public can obtain a copy by contacting the Information Service at the Library of Parliament at Info@parl.gc.ca. On 31 October 2017, Senator Salma Ataullahjan introduced Bill S-240, An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), in the Senate and it was given first reading. Bill S-240 amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration is of the opinion that they have engaged in any activities relating to trafficking in human organs.

This is the official summary published by the Parliament of Canada, shown verbatim. Not legal advice. PoliticalData.ca did not write or edit this text.

View on LEGISinfo

Parliamentary Process

Step 1
First reading
Oct 31, 2017
Completed

This record shows Bill S-240 progressing through the Senate, including its first reading, subsequent readings, committee work, and finally, the Senate's consideration of amendments made by the House of Commons.

First reading, Oct 31, 2017
End of stage activity, Oct 31, 2017
Chamber sittings
First reading - Oct 31, 2017

The Senate proceeded with the first reading of Bill S-240, an Act to amend the Criminal Code and the Immigration and Refugee Protection Act, while also engaging in debates and committee reports on unrelated matters.

Step 2
Second reading
Apr 17, 2018
Completed

This record outlines Bill S-240's progression through the Senate, including its second reading, committee work, third reading, and the subsequent consideration of amendments made by the House of Commons.

Second reading, Apr 17, 2018
Referral to committee, Apr 17, 2018
End of stage activity, Apr 17, 2018
Chamber sittings
Debate at second reading - Dec 7, 2017

The Senate's second reading debate on Bill S-240, concerning human organ trafficking, was adjourned.

During the Senate's second reading debate of Bill S-240, the sponsor detailed the global issue of human organ trafficking and explained how the bill proposes to create new criminal offences and inadmissibility grounds to combat it.

Debate at second reading - Mar 1, 2018

During a Senate sitting on March 1, 2018, various procedural matters were addressed, including routine proceedings, question period, and other legislative items, with the debate on Bill S-240 being adjourned.

Debate at second reading - Apr 17, 2018

This record details a Senate sitting that included tributes to the Humboldt Broncos, tabling of reports, question period, and the second reading debate of Bill S-240 concerning human organ trafficking, which was then referred to committee.

During a Senate sitting on April 17, 2018, senators expressed profound grief and solidarity following the Humboldt Broncos tragedy, while also engaging in debates on Bill S-240 concerning organ trafficking and other legislative matters.

Step 3
Consideration in committee
Jun 7, 2018
Completed

The Senate completed its committee consideration of amendments made by the House of Commons to Bill S-240 on June 7, 2018.

Committee report presented with amendments, Jun 7, 2018
End of stage activity, Jun 7, 2018
Chamber sittings
Committee report presented with amendments - Jun 7, 2018

On June 7, 2018, the Senate heard the presentation of the twelfth report from the Human Rights Committee on Bill S-240, outlining proposed amendments to the Criminal Code and Immigration and Refugee Protection Act.

Step 4
Report stage
Jun 14, 2018
Completed

The Senate completed its report stage for Bill S-240, concerning amendments related to human organ trafficking, on June 14, 2018, and later considered amendments from the House of Commons on May 14, 2019.

Committee report adopted as amended, Jun 14, 2018
End of stage activity, Jun 14, 2018
Chamber sittings
Debate at consideration of committee report - Jun 14, 2018

On June 14, 2018, the Senate of Canada debated and passed amendments to Bill S-240 concerning human organ trafficking, advanced several other bills to third reading, and engaged in debates on various societal and governmental issues.

Step 5
Third reading
Oct 23, 2018
Completed

The Senate completed the Third Reading stage for Bill S-240 on October 23, 2018, and later considered amendments from the House of Commons on May 14, 2019.

Third reading, Oct 23, 2018
End of stage activity, Oct 23, 2018
Chamber sittings
Debate at third reading - Sep 20, 2018

In the Senate on September 20, 2018, the third reading debate on Bill S-240 concerning human organ trafficking occurred, featuring personal accounts and calls for passage, alongside other Senate business.

Third reading - Oct 23, 2018

The Senate debated and passed Bill S-240 at its Third Reading, an act concerning trafficking in human organs.

Step 1
First reading
Oct 30, 2018
Completed

This artifact outlines the procedural progression of Bill S-240 in the House of Commons, from first reading to amendments being considered by the Senate.

First reading, Oct 30, 2018
End of stage activity, Oct 30, 2018
Chamber sittings
First reading - Oct 30, 2018

On October 30, 2018, during a House of Commons sitting, Bill S-240, an Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs), was introduced.

Step 2
Second reading
Dec 10, 2018
Completed

This artifact outlines the procedural completion of the second reading stage for Bill S-240 in the House of Commons on December 10, 2018.

Second reading and referral to committee, Dec 10, 2018
End of stage activity, Dec 10, 2018
Chamber sittings
Debate at second reading - Nov 20, 2018

During a House of Commons debate on November 20, 2018, members discussed Bill S-240, which aims to criminalize and prevent organ trafficking, particularly by Canadians abroad, by creating new offences and making perpetrators inadmissible to Canada.

The House of Commons proceedings on November 20, 2018, include a debate on Bill C-75 and various other government orders and statements, with no specific content from the sponsor's speech on Bill S-240 provided in the extract.

The House of Commons debated Bill C-75, focusing on proposed amendments to the Criminal Code, including hybridization of offences, bail reforms, and changes to jury selection, amid discussions on time allocation and the overall efficiency of the justice system.

In the House of Commons, members debated Bill S-240, focusing on its proposed new offences and inadmissibility provisions to combat human organ trafficking, while also discussing the complexities of its extraterritorial application and definitions.

Debate at second reading - Dec 10, 2018

The House of Commons debated Bill S-240 concerning human organ trafficking and other matters, including time allocation for Bill C-51 and the opioid crisis, as part of its regular sitting.

Step 3
Consideration in committee
Mar 1, 2019
Completed

The House of Commons has finished its committee review of amendments to Bill S-240, concerning human organ trafficking, before the Senate considers these amendments.

Committee report presented with amendments, Mar 1, 2019
End of stage activity, Mar 1, 2019
Chamber sittings
Committee report presented with amendments - Mar 1, 2019

During the House of Commons debate on amendments to Bill S-240, Bill C-83 concerning correctional reforms, including the replacement of administrative segregation with structured intervention units, was discussed, with various parties raising concerns and support regarding its implementation and broader implications.

Step 4
Report stage
Apr 30, 2019
Completed

On April 30, 2019, the House of Commons completed its Report stage for Bill S-240, agreeing to amendments and sending the bill to the Senate, before proceeding to Third Reading.

Concurrence at report stage, Apr 30, 2019
End of stage activity, Apr 30, 2019
Chamber sittings
Debate at report stage - Apr 30, 2019

On April 30, 2019, the House of Commons debated Bill C-97, the Budget Implementation Act, with significant discussion on time allocation and the use of an omnibus bill, while government members defended the budget's measures.

Step 5
Third reading
Apr 30, 2019
Completed

The House of Commons completed its third reading of Bill S-240 on April 30, 2019, after which the Senate began considering the House's amendments.

Third reading, Apr 30, 2019
End of stage activity, Apr 30, 2019
Chamber sittings
Debate at third reading - Apr 30, 2019

The House of Commons sitting on April 30, 2019, featured debates on the Budget Implementation Act, 2019, No. 1, other government business, and the passage of Bill S-240 concerning trafficking in human organs.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Salma Ataullahjan
Senator | Conservative Party of Canada | Ontario
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced