Regulations for the Monitoring of Medical Assistance in Dying
SCHEDULE 4(Subsections 7(1) and (2) and section 8)Procedural Requirements for Providing Medical Assistance in Dying — Natural Death Reasonably Foreseeable
1 An indication of
(a) whether the practitioner was of the opinion that the person who made the request for medical assistance in dying met all of the eligibility criteria;
(b) whether the practitioner ensured that the person’s request was made in writing and was signed and dated by the person or by another person who met the requirements set out in subsection 241.2(4) of the Code;
(c) whether the practitioner ensured that the request was signed and dated after the person was informed by a practitioner that the person had a grievous and irremediable medical condition;
(d) whether the practitioner was satisfied that the request was signed and dated by the person, or by another person who met the requirements set out in subsection 241.2(4) of the Code, before an independent witness who met the requirements set out in subsection 241.2(5) of the Code and who then also signed and dated the request;
(e) whether the practitioner ensured that the person was informed that they may, at any time and in any manner, withdraw their request;
(f) whether the practitioner ensured that another practitioner provided a written opinion confirming that the person met all of the eligibility criteria and, if so, an indication of whether the other practitioner is a medical practitioner or nurse practitioner;
(g) whether the practitioner was satisfied that they and the other practitioner referred to in paragraph (f) were independent within the meaning of subsection 241.2(6) of the Code;
(h) whether the practitioner, immediately before providing medical assistance in dying, gave the person an opportunity to withdraw their request and ensured that the person gave express consent to receive medical assistance in dying, except in the case where the practitioner provided medical assistance in dying to the person in accordance with subsection 241.2(3.2) of the Code;
(i) in the case where the practitioner provided medical assistance in dying to the person in accordance with subsection 241.2(3.2) of the Code,
(i) whether, before the person lost the capacity to consent to receiving medical assistance in dying,
(A) the person met all of the eligibility criteria and the requirements set out in subsection 241.2(3) of the Code were met,
(B) the person entered into an arrangement in writing with the practitioner that the practitioner would administer a substance to cause their death on a specified day,
(C) the person was informed by the practitioner of the risk of losing the capacity to consent to receiving medical assistance in dying prior to the day specified in the arrangement, and
(D) in the written arrangement, the person consented to the administration by the practitioner of a substance to cause their death on or before the day specified in the arrangement if they lost their capacity to consent to receiving medical assistance in dying prior to that day,
(ii) whether the person lost the capacity to consent to receiving medical assistance in dying,
(iii) whether the person did not demonstrate, by words, sounds or gestures, refusal to have the substance administered or resistance to its administration, and
(iv) whether the substance was administered to the person in accordance with the terms of the arrangement;
(j) whether, in the case where the person had difficulty communicating, the practitioner took all necessary measures to provide a reliable means by which the person could have understood the information that was provided to them and communicated their decision and, if so, the means provided; and
(k) whether the practitioner informed a pharmacist, before the pharmacist dispensed the substance that the practitioner prescribed or obtained for the person, that the substance was intended for the purpose of providing medical assistance in dying.
- SOR/2022-222, s. 16
- Date modified: