Backgrounder: Proposed Regulations for Monitoring Medical Assistance in Dying 

Backgrounder

December 2017

On June 17, 2016, Parliament passed legislation that allows eligible Canadian adults to request medical assistance in dying (MAID). This legislation is now part of the Criminal Code and indicates that an authorized person is not guilty of a criminal offence if they provide or assist in providing MAID, according to the conditions and safeguards in the law. 

The legislation requires the federal Minister of Health to make regulations on reporting requirements and the collection of information relating to requests for, and the provision of MAID. Monitoring is a key component in virtually all jurisdictions that permit MAID. In Carter v. Canada, the Supreme Court indicated that risks associated with physician-assisted death can be limited through a carefully designed and monitored system of safeguards. 

After consulting with the provinces, territories and key stakeholders, the federal government has developed draft regulations for the ultimate purpose of developing a pan-Canadian monitoring system on assisted dying. Once final, these regulations will enable the federal government to produce reports providing a nation-wide overview of MAID.

The regulations require health care providers who are authorized to provide MAID to file reports. These providers include medical practitioners, nurse practitioners, and pharmacists who dispense medication for assisted dying. These reports must contain specific information related to requests for, and provision of, MAID. Information is to be filed within prescribed deadlines and with a recipient that is designated within the regulations.

Key features of the proposed regulatory regime include:

  • requirements to file information for physicians and nurse practitioners who receive written requests for MAID, and pharmacists who dispense medications for the purpose of assisted dying; 
  • voluntary provision of information by coroners and medical examiners;
  • identification of the designated recipient for information related to MAID;
  • a requirement to publish a report at least once per year on MAID in Canada on the Government of Canada website; and
  • a provision for making data available to qualified researchers for the purpose of independent analysis and research.

Annual reports on medical assistance in dying are expected to include:

  • a statistical profile of assisted deaths in Canada, including the number of requests and their outcomes;
  • medical circumstances and other general characteristics of those requesting and receiving MAID; 
  • findings respecting the application of eligibility criteria and safeguards; and
  • trends (as multi-year data become available).

Information in these reports will be aggregated and will not contain personally identifiable details.

For more information, visit the MAID web site.

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