Criminal Code

Marginal note:Filing information — medical practitioner or nurse practitioner

• 241.31 (1) Unless they are exempted under regulations made under subsection (3), a medical practitioner or nurse practitioner who receives a written request for medical assistance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

• Marginal note:Filing information — pharmacist

  (2) Unless they are exempted under regulations made under subsection (3), a pharmacist who dispenses a substance in connection with the provision of medical assist­ance in dying must, in accordance with those regulations, provide the information required by those regulations to the recipient designated in those regulations.

• Marginal note:Regulations

  (3) The Minister of Health must make regulations that he or she considers necessary

  • (a) respecting the provision and collection, for the purpose of monitoring medical assistance in dying, of information relating to requests for, and the provision of, medical assistance in dying, including

    • (i) the information to be provided, at various stages, by medical practitioners or nurse practitioners and by pharmacists, or by a class of any of them,

    • (ii) the form, manner and time in which the information must be provided,

    • (iii) the designation of a person as the recipient of the information, and

    • (iv) the collection of information from coroners and medical examiners;

  • (b) respecting the use of that information, including its analysis and interpretation, its protection and its publication and other disclosure;

  • (c) respecting the disposal of that information; and

  • (d) exempting, on any terms that may be specified, a class of persons from the requirement set out in subsection (1) or (2).

• Marginal note:Guidelines — information on death certificates

  (3.1) The Minister of Health, after consultation with representatives of the provincial governments responsible for health, must establish guidelines on the information to be included on death certificates in cases where medical assistance in dying has been provided, which may include the way in which to clearly identify medical assist­ance in dying as the manner of death, as well as the illness, disease or disability that prompted the request for medical assistance in dying.

• Marginal note:Offence and punishment

  (4) A medical practitioner or nurse practitioner who knowingly fails to comply with subsection (1), or a pharmacist who knowingly fails to comply with subsection (2),

  • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

  • (b) is guilty of an offence punishable on summary conviction.

• Marginal note:Offence and punishment

  (5) Everyone who knowingly contravenes the regulations made under subsection (3)

  • (a) is guilty of an indictable offence and liable to a term of imprisonment of not more than two years; or

  • (b) is guilty of an offence punishable on summary conviction.