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FederalDid not become law (session ended)43rd Parliament, 1st Session

Bill S-204 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
43rd Parliament, 1st Session
Bill number
Bill S-204
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 second reading in the Senate
Last updated
Dec 10, 2019

Official Parliament of Canada snapshot for 43rd 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 second reading in the Senate
Latest Activity
Dec 10, 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-204 creates new criminal offences for trafficking in human organs and makes people engaged in such conduct inadmissible to Canada.

What It Means

Bill S-204 amends federal law to create new criminal offences related to trafficking in human organs and to make people who engage in such conduct inadmissible to Canada. The bill adds a new section (240.1) to the Criminal Code that makes it illegal to: - Obtain an organ for transplant into yourself or someone else, knowing or being reckless about whether the person it came from did not give informed consent - Remove, carry out, participate in, or facilitate the removal of an organ from someone, knowing or being reckless about whether informed consent was not given - Help with organ removal in any way, knowing or being reckless about whether informed consent was not given - Obtain or help obtain an organ for transplant knowing or being reckless about whether it was obtained for money or other payment These offences carry a maximum prison sentence of 14 years. The bill also changes the Criminal Code to say that Canadians and permanent residents who commit these organ trafficking offences outside Canada can be prosecuted in Canada, as if they committed the offence here. Any prosecution requires approval from the Attorney General. Finally, the bill amends the Immigration and Refugee Protection Act so that permanent residents and foreign nationals can be declared inadmissible to Canada if the Minister of Citizenship and Immigration believes they have engaged in conduct that would be an organ trafficking offence under the new Criminal Code section.

What This Bill Does
  • Creates new criminal offence under section 240.1 of the Criminal Code for obtaining an organ for transplant knowing that informed consent was not given
  • Creates new criminal offence for removing, carrying out, participating in, or facilitating organ removal knowing that informed consent was not given
  • Creates new criminal offence for assisting with organ removal knowing that informed consent was not given
  • Creates new criminal offence for obtaining an organ for transplant knowing it was obtained for money or other consideration
  • Sets maximum prison sentence of 14 years for organ trafficking offences
  • Amends Criminal Code section 7 to make Canadian citizens and permanent residents who commit organ trafficking offences outside Canada liable to prosecution in Canada
  • Requires Attorney General consent before prosecuting organ trafficking offences committed outside Canada
  • Amends Immigration and Refugee Protection Act to make permanent residents and foreign nationals inadmissible to Canada if they have engaged in organ trafficking conduct
Who Is Affected
  • Canadian citizens who commit organ trafficking offences outside Canada
  • Permanent residents who commit organ trafficking offences outside Canada or Canada
  • Foreign nationals seeking to enter or remain in Canada who have engaged in organ trafficking
  • People involved in removing, obtaining, carrying out, participating in, or facilitating organ removal without informed consent
  • People obtaining organs for transplant when consent was not given or when organs were obtained for money
  • The Attorney General (must consent to prosecutions)
  • The Minister of Citizenship and Immigration (makes decisions on inadmissibility)
  • Organ donors and their authorized representatives (protected by requiring informed consent)
Rights, Duties, Or Obligations
  • No person may obtain an organ for transplant without informed consent from the donor or authorized representative
  • No person may remove, carry out, participate in, or facilitate organ removal without informed consent
  • No person may assist with organ removal without informed consent
  • No person may obtain organs for transplant knowing they were obtained for money or other consideration
  • Canadian citizens and permanent residents can be prosecuted in Canada for organ trafficking offences committed outside Canada
  • Attorney General must consent before organ trafficking prosecutions can proceed
  • Permanent residents and foreign nationals can be declared inadmissible to Canada based on organ trafficking conduct
  • The minister must form an opinion about whether someone engaged in conduct constituting organ trafficking to make an inadmissibility decision
Important Dates
  • Bill is currently at second reading in the Senate, so it has not been passed or proclaimed into force yet
Financial Or Tax Impacts
  • No direct taxation or government revenue impacts are described in the bill
Enforcement Or Penalties
  • Organ trafficking offences are indictable (serious) offences
  • Maximum imprisonment of 14 years for organ trafficking offences under section 240.1(1) or (2)
  • Permanent residents can be made inadmissible and subject to removal from Canada based on organ trafficking conduct
  • Foreign nationals can be denied entry to Canada based on organ trafficking conduct
  • Prosecution requires Attorney General consent
Uncertainties Or Limits
  • The bill does not define 'informed consent' beyond stating what it is not; the scope of this term may be subject to interpretation
  • The bill does not specify how the Minister will assess whether someone has engaged in conduct constituting organ trafficking for inadmissibility purposes
  • The bill does not define what 'consideration' means in the context of obtaining organs for payment
  • The bill does not explain how Canadian authorities will investigate or gather evidence for organ trafficking offences committed outside Canada
  • The bill does not describe procedures or timelines for Attorney General consent to prosecutions
  • The bill does not specify whether inadmissibility determinations are subject to appeal or judicial review
  • The practical applicability of these provisions may depend on international cooperation and evidence-gathering capabilities
Laws Or Regulations Affected
Criminal Code, Section 7
amends

Adds new subsection (4.2) to extend Canadian criminal law to organ trafficking offences committed outside Canada by Canadian citizens and permanent residents

Source: Clause 1(1)

Criminal Code, Section 7, Subsection (4.3)
amends

Clarifies that prosecution of organ trafficking offences deemed committed in Canada requires Attorney General consent

Source: Clause 1(2)

Criminal Code, Section 240.1
creates

New offence sections for trafficking in human organs, including removal without informed consent and financial transactions related to organs, with maximum 14-year prison sentence

Source: Clause 2

Immigration and Refugee Protection Act, Section 35(1)
amends

Adds new ground of inadmissibility (paragraph c.1) for permanent residents and foreign nationals who have engaged in organ trafficking conduct

Source: Clause 3

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

Parliamentary Process

Step 1
First reading
Dec 10, 2019
Completed

Bill S-204, concerning amendments to the Criminal Code and Immigration and Refugee Protection Act related to human organ trafficking, completed its first reading in the Senate on December 10, 2019.

Introduction and first reading, Dec 10, 2019
End of stage activity, Dec 10, 2019
Chamber sittings
Introduction and first reading - Dec 10, 2019

On December 10, 2019, Bill S-204, concerning amendments to the Criminal Code and the Immigration and Refugee Protection Act regarding human organ trafficking, received its first reading in the Senate as part of routine proceedings.

Step 2
Second reading
Date not listed
No activity

Bill S-204, an Act to amend the Criminal Code and the Immigration and Refugee Protection Act concerning human organ trafficking, is currently at the Senate's second reading stage with no recorded activity.

Step 3
Third reading
Not reached yet
Not reached

Bill S-204 concerning human organ trafficking has not yet reached its third reading in the Senate and is currently at the second reading stage in the Senate, having also completed third reading in the House of Commons.

Step 1
First reading
Not reached yet
Not reached

Bill S-204, concerning trafficking in human organs, has reached its first reading stage in the House of Commons but this stage has not yet occurred; the bill's most recent procedural action was its introduction in the Senate.

Step 2
Second reading
Not reached yet
Not reached

Bill S-204, concerning trafficking in human organs, has not yet reached the Second Reading stage in the House of Commons but has progressed further in the Senate.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-204, concerning trafficking in human organs, has not yet reached the committee stage in the House of Commons, with its current status being second reading in the Senate.

Step 4
Report stage
Not reached yet
Not reached

The House of Commons Report stage for Bill S-204 has not yet been reached, and the bill is currently at second reading in the Senate.

Step 5
Third reading
Not reached yet
Not reached

Bill S-204, concerning trafficking in human organs, has reached the 'House of Commons Third reading' stage, though this stage has not yet occurred, and the bill is currently at second reading in the Senate after House of Commons amendments.

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