What is meant by the transitional provisions of Section 71 of the Assisted Human Reproduction Act? Can I start a new service or open a new clinic in this time of transition?
The transitional provisions of section 71 allows persons (under the Act a person can be an individual, a partnership or a corporation) that had undertaken a controlled activity at least once in the year preceding the Act coming into force (in other words between April 23, 2003 and April 22, 2004) to continue to perform such activities and use any premises required for that purpose up to a date to be specified by regulation. This provision recognizes that an effective licensing regime takes time to develop and gives the Assisted Human Reproduction (AHR) community time to adjust to the requirements of the Act and the new regulations. Accordingly, until the licensing scheme and applicable regulations are in place, a person – such as an AHR clinic or physician — can conduct a controlled activity provided they had undertaken that activity at least once in the year prior to April 22, 2004, or that they employ someone who had undertaken the activity at least once in the year prior to April 2
