Can Canadians continue to receive fertility treatment or is there a moratorium until the regulations are developed and the Agency is set up?
The manner in which the Act will be implemented ensures that Canadians can continue to visit AHR clinics and undergo AHR procedures during the interim period while the regulatory and licencing frameworks are being developed. This flexibility is possible because of section 71 (the “grandfathering” clause) which prevents unnecessary interruptions to the provision of assisted reproduction services, such as in vitro fertilization.Section 71 provides that any person who undertakes a controlled activity under the Act in the year prior to sections 10-13 coming into force, may continue to perform that activity without a licence until a date set by regulation. That date has yet to be specified as it depends on the time needed to develop the regulatory regime.
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