Bill S-202 explained in plain English
An Act to amend the Assisted Human Reproduction Act
Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.
At a glance
Official Parliament of Canada snapshot for 43rd Parliament, 2nd 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.
Our plain-language take, written for civic education.
Source: By PoliticalData.ca
Bill S-202 amends the Assisted Human Reproduction Act to allow payment for sperm or ovum donation, surrogacy, and other human reproductive material in certain circumstances.
Bill S-202 proposes to change federal laws about assisted human reproduction. Currently, it is illegal to pay people for donating sperm or eggs, to pay surrogate mothers, or to pay for arranging surrogacy services. This bill would remove those prohibitions on payment. Under the proposed changes, payment for sperm or ovum donation would be allowed. The bill also allows payment for surrogacy services to be arranged. Additionally, the bill would permit the purchase of other human reproductive material (such as human cells or genes). However, the bill maintains protections for vulnerable people. It would still be illegal to: - Pay someone under 18 to donate sperm or eggs, counsel or induce them to donate, or perform medical procedures on them for donation purposes - Pay someone under 21 to become a surrogate mother, counsel or induce them to do so, or perform medical procedures on them for surrogacy, if they cannot consent or are being coerced - Counsel, induce, or perform medical procedures on anyone who cannot consent to donation or surrogacy, or who is being coerced The bill also changes rules about reimbursement. Currently, no one can reimburse donors for donation-related expenses, or surrogates for surrogacy-related expenses. Under this bill, reimbursement would be allowed if done according to regulations. The bill also removes provisions about reimbursing loss of income. The bill comes into force 180 days after royal assent (when the Governor General signs it into law).
- Removes the prohibition on payment for sperm or ovum donation, allowing donors to be compensated
- Removes the prohibition on payment for surrogacy services and arranging surrogacy, allowing surrogates and intermediaries to receive payment
- Allows for the purchase of other human reproductive material (such as human cells or genes for reproductive purposes)
- Maintains age restrictions by prohibiting recruitment of donors under 18 and surrogates under 21
- Maintains protections against coercion by prohibiting recruitment of people who cannot consent or are being coerced into donation or surrogacy
- Changes reimbursement rules to allow compensation for donors' and surrogates' expenses if done in accordance with regulations
- Removes rules about reimbursing loss of income related to surrogacy
- Repeals a regulatory provision that allowed the Governor in Council to make rules about reimbursing loss of income
- People who wish to donate sperm or eggs, as they could now receive payment for donation
- People who wish to become surrogate mothers, as they could now receive payment for surrogacy services
- People seeking assisted reproduction, as the availability and possibly the cost of reproductive services may change
- Medical professionals who counsel, induce, or perform procedures related to donation or surrogacy, as they must comply with new requirements
- Intermediaries or agencies that arrange surrogacy services, as they could now legally accept payment for arranging these services
- The Governor in Council, which must create regulations setting out how reimbursement for donation and surrogacy expenses will work
- Medical professionals and others must not counsel, induce, or perform medical procedures to assist sperm or ovum donation if the donor is under 18, cannot consent, or is being coerced
- Medical professionals and others must not counsel, induce, or perform medical procedures to assist surrogacy if the surrogate mother is under 21, cannot consent, or is being coerced
- All reimbursement of expenses for donation and surrogacy must comply with regulations to be made by the Governor in Council
- The provincial validity of surrogacy agreements is not affected by this Act
- The Act comes into force 180 days after royal assent (the date when the Governor General signs the bill into law)
- Donors may receive payment for sperm or ovum donation (amount not specified in bill)
- Surrogate mothers may receive payment for surrogacy services (amount not specified in bill)
- Intermediaries arranging surrogacy may receive payment for their services (amount not specified in bill)
- Donors and surrogates may be reimbursed for expenses incurred in donation or surrogacy, subject to regulations (specific expenses and limits not provided in bill)
- The bill text does not specify penalties for violating the new requirements. Enforcement mechanisms would be found in other sections of the Assisted Human Reproduction Act not reproduced in this bill.
- The bill does not specify what amounts donors or surrogates may be paid, or what expenses may be reimbursed. These details will be set out in regulations that the Governor in Council must create.
- The bill does not specify the timeline for creating these regulations, or whether they must be ready before the bill comes into force.
- The bill text does not explain what 'purposes permitted under section 9' means for sperm or ovum donation, so readers must consult section 9 of the Assisted Human Reproduction Act to understand any remaining restrictions on donation.
- The bill does not specify what penalties apply if someone violates the requirements (such as paying someone under 18 to donate or under 21 to become a surrogate). Penalties would be found in other parts of the Assisted Human Reproduction Act not shown here.
- The bill does not explain how provincial surrogacy laws interact with these federal changes, though it notes that the provincial validity of surrogacy agreements is not affected.
Removes a principle stating that commercial trade in reproductive capabilities raises health and ethical concerns that justify prohibition. This change supports the overall shift toward allowing payment in certain circumstances.
Removes all prohibitions on payment to surrogate mothers, payment for arranging surrogacy services, and advertising such payments. Replaces these with requirements that surrogate mothers must be at least 21 years old, capable of consenting, and not being coerced. Medical professionals cannot assist surrogacy knowing these conditions are not met.
Removes the prohibition on purchasing sperm or ova from donors. Removes rules prohibiting purchase of human cells or genes intended to create a human being. Replaces with requirements that donors must be at least 18 years old, capable of consenting, and not being coerced.
Removes prohibitions on reimbursing donors for donation-related expenses and surrogates for surrogacy-related expenses. Allows reimbursement for these expenses only if done according to regulations made by the Governor in Council. Removes the subsection allowing reimbursement of loss of income.
Removes the Governor in Council's authority to make regulations specifically about reimbursing loss of income for surrogacy.
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 textParliamentary Process
Bill S-202, concerning amendments to the Assisted Human Reproduction Act, completed its First Reading in the Senate on September 30, 2020, and is currently undergoing Second Reading, with related speeches listed.
This artifact describes the procedural steps for Bill S-202, an Act to amend the Assisted Human Reproduction Act, in the Senate. It indicates that the bill completed its First Reading on September 30, 2020, and is currently at the Second Reading stage. The artifact also lists dates for major speeches made during the Second Reading debate, including a Sponsor's speech on May 25, 2021, and a Response speech on June 8, 2021. It also notes similar bills that have been introduced in Parliament.
On September 30, 2020, the Senate introduced Bill S-202 for its first reading and addressed various other legislative and non-legislative business.
On September 30, 2020, the Senate conducted its first reading of Bill S-202, an Act to amend the Assisted Human Reproduction Act. This procedural step involved the introduction of the bill. The Senate also addressed other matters during this sitting, including tributes to the late Honourable Brenda Robertson and Aline Chrétien, a discussion on the sale of MEC assets, recognition of Canada's Black Artists, and the Canadian Police and Peace Officers' Memorial Service. Additionally, numerous notices of motions were presented regarding various committee studies and government actions, and a Question Period was held where senators discussed issues such as COVID-19 testing, international relations, and Indigenous issues.
Bill S-202 is currently at the second reading stage in the Senate, with related speeches and debate noted.
This artifact summarizes the procedural status of Bill S-202, An Act to amend the Assisted Human Reproduction Act, in the Senate. The bill is currently at the second reading stage, meaning it has been introduced and given first reading but has not yet been debated or voted on at this stage. The artifact notes that debate occurred on June 8, 2021, and lists the sponsor's speech from May 25, 2021, and a response speech from June 8, 2021. It also lists similar bills that have been introduced in this and previous Parliaments.
On May 25, 2021, the Senate engaged in routine proceedings, debated and advanced several bills including those related to assisted human reproduction and criminal records, addressed constituent concerns during Question Period, and discussed various social and environmental issues.
On May 25, 2021, the Senate met for a sitting that included routine proceedings, question period, and the continuation of debates on several bills. Key activities included the adoption of a motion to resolve into a Committee of the Whole to consider Bill S-4, the first reading of several new bills, and the continuation of debate on Bill S-202 (Assisted Human Reproduction Act), Bill S-4 (Parliament of Canada Act), the Speech from the Throne, Bill S-208 (Criminal Records Act), Bill S-207 (Criminal Code), Bill S-212 (Criminal Code), Bill S-222 (Income Tax Act), Bill S-225 (Copyright Act), Bill S-229 (Controlled Drugs and Substances Act), and Bill C-218 (Criminal Code). The sitting also featured discussions on various topics during Senators' Statements and Question Period, including Asian Heritage Month, anti-Semitism, the federal greenhouse gas offset system, the COVID-19 vaccine rollout, liquefied natural gas, investment in oil and gas companies, forced sterilization, recovery planning, systemic racism, and a former ferry terminal. A point of order regarding a senator's conduct was also addressed, with a ruling reserved.
Senator Lucie Moncion, sponsoring Bill S-202, argued for decriminalizing payments related to assisted human reproduction and establishing a regulatory framework to protect women and children, citing concerns about current laws and international practices.
On May 25, 2021, the Senate continued its debate on Bill S-202, an Act to amend the Assisted Human Reproduction Act. Senator Lucie Moncion, the sponsor of the bill, delivered a speech outlining her concerns and the proposed changes. She highlighted issues such as the globalization of assisted reproduction, the risks to women and children in unregulated practices, and the perceived inadequacy of the current criminal legal framework. Senator Moncion argued for decriminalizing payments for surrogacy and gamete donation, and for establishing a regulatory framework, noting that the current law criminalizes actions like paying a donor, while allowing imports of gametes from countries where donors are paid. She also discussed the need for provinces and territories to regulate surrogacy agencies and expressed that the bill aims to improve the health and safety of women and children involved in assisted reproduction.
During the second reading debate on Bill S-202, Senators discussed the potential decriminalization of payments for sperm, ova, and surrogacy, weighing ethical considerations against the need for regulatory clarity and oversight.
The Senate continued its second reading debate on Bill S-202, an Act to amend the Assisted Human Reproduction Act. The debate focused on proposals to decriminalize payment for sperm and ova donation, as well as for surrogacy under certain circumstances. Senators discussed the historical context of the Act, the principle of non-commercialization of reproduction, and potential risks and ethical considerations associated with amending the current legislation. Concerns were raised about the timeline for implementing new regulations and the lack of oversight in current surrogacy and gamete donation programs in Canada. The debate also touched upon international examples of surrogacy regulation and the need for a comprehensive study of assisted human reproduction laws.
In the Senate, debate on Bill S-202, which proposes to decriminalize payment for gamete donation and surrogacy, continued with Senator Seidman expressing concerns about potential exploitation and lack of oversight, while Senator Moncion agreed that the issue requires more study and a government-led approach.
During a Senate sitting on June 8, 2021, debate on Bill S-202, an Act to amend the Assisted Human Reproduction Act, continued. Senator Judith G. Seidman spoke about the bill's objective to decriminalize payment for sperm and ova donation and for surrogacy in certain circumstances. She raised concerns about the bill's approach, the potential for exploitation, and the lack of regulatory oversight in Canada's assisted human reproduction system. She questioned whether the proposed 180-day timeframe for new regulations would be sufficient and suggested that a broader study might be more appropriate than a private member's bill. Senator Lucie Moncion agreed that the bill should be a government bill and that a comprehensive study is needed, but suggested that the private member's bill could serve as a starting point for discussion. The debate was adjourned.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
We don't have a plain-language summary for First reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.
We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.
We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.
We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.
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
This bill is still active. We only show vote counts after the legislature publishes a recorded division.
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