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An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2 (S.C. 2024, c. 1)

Assented to 2024-02-29

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An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2

S.C. 2024, c. 1

Assented to 2024-02-29

An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2

SUMMARY

This enactment amends An Act to amend the Criminal Code (medical assistance in dying) to provide that persons are not eligible, until March 17, 2027, to receive medical assistance in dying if their sole underlying medical condition is a mental illness.

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

2021, c. 2An Act to amend the Criminal Code (medical assistance in dying)

Marginal note:2023, c. 1, s. 1

1 Section 6 of An Act to amend the Criminal Code (medical assistance in dying) is replaced by the following:

Marginal note:March 17, 2027

6 Subsection 1(2.1) comes into force on March 17, 2027.

Review

Marginal note:Parliamentary review

  • 2 (1) A comprehensive review relating to the eligibility of persons whose sole underlying medical condition is a mental illness to receive medical assistance in dying must be undertaken by a Joint Committee of both Houses of Parliament designated for that purpose.

  • Marginal note:Review commences

    (2) The Committee must commence its review within two years after the day on which this Act receives royal assent.

  • Marginal note:Report

    (3) If following its review the Committee prepares a report — which may include a statement of any recommended changes to the provisions of the Criminal Code relating to medical assistance in dying — it must table the report before each House of Parliament.

  • Marginal note:Committee expires

    (4) The Committee expires on the earlier of the day on which it tables its report before both Houses of Parliament and March 17, 2027.

Coordinating Amendments

Marginal note:2021, c. 2

  • 3 (1) In this section “other Act” means An Act to amend the Criminal Code (medical assistance in dying), chapter 2 of the Statutes of Canada, 2021.

  • (2) If subsection 1(2.1) of the other Act comes into force before section 1 of this Act, then

    • (a) section 1 of this Act is deemed never to have come into force and is repealed;

    • (b) section 241.2 of the Criminal Code is amended by adding the following after subsection (2):

      • Marginal note:Exclusion

        (2.1) For the purposes of paragraph (2)(a), a mental illness is not considered to be an illness, disease or disability.

    • (c) subsection 241.2(2.1) of the Criminal Code is repealed on March 17, 2027.

  • (3) If subsection 1(2.1) of the other Act comes into force on the same day as section 1 of this Act, then that section 1 is deemed to have come into force before that subsection 1(2.1).

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