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FederalDid not become law (session ended)43rd Parliament, 2nd 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, 2nd 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 House of Commons
Last updated
Jun 18, 2021

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.

Chamber
Parliament of Canada
Current Stage
At second reading in the House of Commons
Latest Activity
Jun 18, 2021
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 criminal offences for trafficking in human organs and makes people involved in such activities inadmissible to Canada.

What It Means

Bill S-204 amends the Criminal Code and the Immigration and Refugee Protection Act to address human organ trafficking. The Criminal Code amendments create three new criminal offences related to trafficking in human organs: 1. Removing an organ without informed consent: It is an offence to obtain an organ for transplant (into yourself or someone else) when you know the person or their authorized representative did not give informed consent, or you are reckless about whether consent was given. It is also an offence to carry out, participate in, or facilitate removing an organ without informed consent. 2. Assisting with organ removal without consent: It is an offence to do anything to help with removing an organ without informed consent, if you are acting on behalf of, at the direction of, or in association with the person removing the organ. 3. Organ trafficking for money: It is an offence to obtain or help obtain an organ for transplant when you know it was obtained for payment or money, or you are reckless about whether it was paid for. All three offences can result in imprisonment for up to 14 years. The bill also extends Canadian criminal jurisdiction so that Canadian citizens and permanent residents can be prosecuted in Canada for committing these organ trafficking offences outside Canada. The Immigration and Refugee Protection Act amendments make it so that the Minister of Citizenship and Immigration can declare permanent residents and foreign nationals inadmissible to Canada if the Minister believes they have engaged in conduct that would constitute an organ trafficking offence under section 240.1 of the Criminal Code.

What This Bill Does
  • Creates a criminal offence for obtaining an organ to be transplanted without informed consent from the person being removed from or their authorized representative
  • Creates a criminal offence for carrying out, participating in, or facilitating organ removal without informed consent
  • Creates a criminal offence for assisting with organ removal without informed consent when acting on behalf of, at the direction of, or in association with the person removing the organ
  • Creates a criminal offence for obtaining or helping obtain an organ for transplant when it was obtained for consideration or payment
  • Sets the maximum penalty for these organ trafficking offences at 14 years imprisonment
  • Extends Canadian criminal jurisdiction so Canadian citizens and permanent residents can be prosecuted in Canada for committing organ trafficking offences outside Canada
  • Requires Attorney General consent before prosecuting cases under the new extraterritorial jurisdiction provisions
  • Makes permanent residents and foreign nationals inadmissible to Canada if the Minister of Citizenship and Immigration believes they have engaged in conduct constituting an organ trafficking offence
Who Is Affected
  • Canadian citizens and permanent residents who commit organ trafficking offences outside Canada
  • People who obtain organs for transplant without informed consent
  • People who remove, carry out, participate in, or facilitate organ removal without informed consent
  • People who assist with organ removal without informed consent
  • People who obtain organs through financial transactions or payment
  • Permanent residents and foreign nationals seeking to remain in or enter Canada who have engaged in organ trafficking activities
  • The Attorney General of Canada, who must consent to prosecutions under the extraterritorial provisions
Rights, Duties, Or Obligations
  • Criminal offence to obtain an organ for transplant knowing informed consent was not given or being reckless about consent
  • Criminal offence to carry out, participate in, or facilitate organ removal without informed consent
  • Criminal offence to assist with organ removal without informed consent
  • Criminal offence to obtain or help obtain an organ obtained through payment or consideration
  • Canadian citizens and permanent residents can be prosecuted in Canada for committing these offences outside Canada
  • Attorney General consent is required before proceeding with prosecutions for extraterritorial organ trafficking offences
  • Permanent residents and foreign nationals can be declared inadmissible to Canada based on the Minister's opinion that they engaged in organ trafficking conduct
Important Dates
  • Bill is currently at second reading in the House of Commons as of the provided information; commencement date not specified in the bill text provided
Enforcement Or Penalties
  • Maximum imprisonment of 14 years for committing offences under Criminal Code section 240.1
  • Prosecutions under the extraterritorial provisions require Attorney General consent
  • Permanent residents and foreign nationals can be declared inadmissible to Canada based on organ trafficking conduct
Uncertainties Or Limits
  • The bill text does not define 'informed consent' in detail; courts would need to determine what constitutes informed consent in specific cases
  • The bill text does not specify what constitutes an 'organ' for the purposes of these offences, though it refers to organs being transplanted into bodies
  • The phrase 'being reckless as to whether or not such consent was given' is referenced but not defined in the provided bill text; courts would interpret this standard
  • The bill amends section 35(1) of the Immigration and Refugee Protection Act but the bill text does not provide context on what other grounds for inadmissibility exist in that section
  • The bill text does not specify when these amendments come into force or if there are any transitional provisions
  • The bill does not define 'consideration' in the context of the financial transaction offence, though it would likely mean payment or exchange of value
Laws Or Regulations Affected
Criminal Code, Section 7
amended

New subsection (4.2) added to extend Canadian criminal jurisdiction over organ trafficking offences committed outside Canada by Canadian citizens or permanent residents. Subsection (4.3) updated to require Attorney General consent for prosecutions under these extraterritorial provisions.

Source: Section 1

Criminal Code, Section 240.1 (new)
created

Creates three new criminal offences related to trafficking in human organs: removing organs without informed consent, assisting with organ removal without consent, and obtaining organs through financial transactions. Maximum penalty is 14 years imprisonment.

Source: Section 2

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

New paragraph (c.1) added 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 under Criminal Code section 240.1.

Source: Section 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
Sep 30, 2020
Completed

Bill S-204, concerning human organ trafficking, completed its first reading in the Senate on September 30, 2020, and is currently at the second reading stage in the House of Commons.

Introduction and first reading, Sep 30, 2020
End of stage activity, Sep 30, 2020
Chamber sittings
Introduction and first reading - Sep 30, 2020

During a Senate sitting on September 30, 2020, Bill S-204, an act to amend the Criminal Code and the Immigration and Refugee Protection Act regarding human organ trafficking, was introduced and read for the first time, alongside other Senate business and notices of motions.

Step 2
Second reading
Mar 16, 2021
Completed

This artifact outlines the procedural progression of Bill S-204 through its second reading in the Senate and its subsequent movement to the House of Commons.

Second reading, Mar 16, 2021
Referral to committee, Mar 16, 2021
End of stage activity, Mar 16, 2021
Chamber sittings
Debate at second reading - Nov 19, 2020

On November 19, 2020, the Senate heard statements on various topics, addressed routine proceedings and questions, and debated or advanced several bills and motions, including adjourning debate on Bill S-204 concerning human organ trafficking.

During the Senate's second reading debate on Bill S-204, Senator Ataullahjan explained the bill's aim to criminalize organ harvesting and trafficking, highlighting its global nature and impact on vulnerable populations.

Second reading - Mar 16, 2021

The Senate convened on March 16, 2021, hearing tributes, routine proceedings, question period, and engaging in debate and consideration of multiple bills and motions, including those related to medical assistance in dying, trade continuity, employment insurance, and online pornography.

Step 3
Consideration in committee
Apr 20, 2021
Completed

Bill S-204, concerning trafficking in human organs, completed its committee stage in the Senate on April 20, 2021, and is now at second reading in the House of Commons.

Committee report presented without amendment, Apr 20, 2021
End of stage activity, Apr 20, 2021
Chamber sittings
Committee report presented without amendment - Apr 20, 2021

On April 20, 2021, the Senate sat, heard tributes, and received the report on Bill S-204 without amendment, alongside other legislative and procedural business.

Step 4
Third reading
May 6, 2021
Completed

Bill S-204 completed its third reading in the Senate on May 6, 2021, and has since moved to the House of Commons.

Third reading, May 6, 2021
End of stage activity, May 6, 2021
Chamber sittings
Debate at third reading - May 6, 2021

On May 6, 2021, the Senate debated and passed Bill S-204 concerning human organ trafficking, considered amendments to the Judges Act and Criminal Code via Bill C-3, and advanced discussions on updating the Parliament of Canada Act with Bill S-4.

Step 1
First reading
May 10, 2021
Completed

This record details the completion of the First Reading stage for Bill S-204 in the House of Commons on May 10, 2021, and outlines its subsequent procedural journey through the House.

First reading, May 10, 2021
End of stage activity, May 10, 2021
Chamber sittings
First reading - May 10, 2021

This House of Commons sitting record from May 10, 2021, documents the first reading of Bill S-204 concerning human organ trafficking, debates on Bill C-19 related to election procedures during a pandemic, and discussions on the Line 5 pipeline and foreign investment.

Step 2
Second reading
Jun 18, 2021
Not completed

Bill S-204, concerning human organ trafficking, was undergoing debate at its second reading stage in the House of Commons as of June 18, 2021, following earlier stages in both the House and the Senate.

Placed in the Order of Precedence, May 10, 2021
Chamber sittings
Debate at second reading - Jun 18, 2021

On June 18, 2021, the House of Commons debated Bill C-30 (Budget Implementation Act) and Bill S-204 (trafficking in human organs), with numerous procedural points of order and members' statements on various issues.

This House of Commons Hansard record details procedural discussions and statements by members during the second reading debate of Bill S-204 concerning human organ trafficking, alongside extensive debates on the Budget Implementation Act, 2021 (Bill C-30) and various points of privilege.

During a House of Commons debate on Bill S-204 concerning human organ trafficking, MPs discussed the bill's merits and related socioeconomic issues, with procedural matters and debates on other government business also occurring.

During the second reading debate on Bill S-204, the House of Commons primarily discussed Bill C-30 (the Budget Implementation Act, 2021), with members raising concerns about economic issues, government spending, and Indigenous relations, alongside procedural debates and questions of privilege.

During a House of Commons debate on Bill S-204, MPs discussed the criminalization of organ trafficking and its extraterritorial application, highlighting concerns about exploitation and the need for stronger measures.

Step 3
Consideration in committee
Not reached yet
Not reached

Bill S-204 is currently at the second reading stage in the House of Commons, and the stage for 'House of Commons Consideration in committee' has not yet been reached.

Step 4
Report stage
Not reached yet
Not reached

Bill S-204, concerning amendments to the Criminal Code and the Immigration and Refugee Protection Act related to human organ trafficking, has advanced through several stages in the House of Commons and is currently awaiting the report stage.

Step 5
Third reading
Not reached yet
Not reached

Bill S-204, concerning trafficking in human organs, has not yet reached the Third Reading stage in the House of Commons, with its last recorded activity being debate at Second Reading.

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