Final Report (all chapters)

y the Canadian authorities and the specific data that must be reported to regulators remain to be
determined.
The Assisted Human Reproduction Agency of Canada
Sections 21 through 39 establish a new regulatory agency, the Assisted Human
Reproduction Agency of Canada (AHRAC). Section 22 sets forth two objectives for the agency
– “to protect and promote the health and safety, and the human dignity and human rights, of
Canadians” and to “foster the application of ethical principles” in the practice of human
reproduction. The AHRAC bears some similarities to the British HFEA. It is governed by a
board of directors consisting of 13 members (at the most), including the chairperson and the
president. Appointments are for three-year terms and are renewable. The Canadian Governor in
Council appoints both the board members and the chairperson. 62 The AHRAC is managed by a
president, who is also appointed by the Governor in Council, for a term of five years, and can be
reappointed.
Unlike the British Human Fertilisation and Embryology Act, the Canadian AHRA does not
specify in any detail the rules that should inform the appointment of the board members, the
chairperson, or the president. Nor does the AHRA touch on the composition of the board –
whether it should be constituted as a body of specialists (as in the Australian case), or whether it
should be inclusive of all societal views, above and beyond the views represented by organized
interest groups (as in the British case). It only precludes individuals directly affected by AHRAC
decisions from becoming board members.
Canada takes a rather different approach than Britain in promulgating new rules and
regulations. Technically, the AHRAC does not have any authority to autonomously craft new
regulations; that responsibility falls to the Canadian minister of health. Yet it would be wrong to
conclude that the AHRAC is simply an administrative arm of the cabinet. Section 30(a)
stipulates that one of the board’s responsibilities is to advise “the Minister on assisted human
reproduction and other matters to which this Act applies, or on any matter referred to the Agency
by the Minister.” So while the formal authority for promulgating new regulations and revolving
controversial issues rests with the minister of health, the minister’s decisions may be heavily
influenced by the AHRAC, especially if the agency recommendations are based on a broad
process of public consultation. Thus, while from a legal standpoint the agency has very limited
regulatory authority, its influence on the regulatory process is likely to be significant.
The AHRA considerably restricts the authority of the executive to promulgate new
regulations. Section 66 requires the minister of health to submit new regulations for approval to
both houses of Parliament, a measure considered unusual by Canadian commentators. And
Section 70 requires that the act be reviewed by the overseeing parliamentary committees every
62
In Canada, the “Governor in Council” is the governor general acting on the advice of the federal cabinet (in other
words, the government executive). The cabinet is made up of the prime minister and members of parliament, and
sometimes senators, chosen by the prime minister. Each member of cabinet is assigned a portfolio of
responsibilities, usually the subject matter of a government department.
166