AHRA Regulations – Egg Donation

Egg donation is when a woman provides female gamete(s) or ova to a person or a couple, the intended parent(s), to help them conceive a child.

In 2004, the Assisted Human Reproduction Act (AHRA) was passed. The purpose or "principles" of the AHRA are set out in section 2. They aim to protect, among other parties, egg donors. For example, it seeks to protect and promote human health, safety, and dignity in the use of these technologies and research, particularly for women who are affected by their application more than men.

One of the ways that the AHRA fulfills this principle is by prohibiting egg donation by a person who is less than 18. The AHRA also prohibits the use of ova without consent.

Further, the AHRA prohibits the exchange of money for ova. Specifically, section 7(2) of the AHRA indicates that "[n]o person shall purchase, offer to purchase or advertise for the purchase of ... ova from a donor or a person acting on behalf of a donor."

Egg donors may only be reimbursed for their expenses pursuant to the AHRA Regulations.  Section 12(1)(a) indicates that "[n]o person shall, except in accordance with the regulations [emphasis added], reimburse a donor for an expenditure incurred in the course of donating ... an ovum".

These Regulations came into effect in June 2020. That is 16 years after the AHRA came into force. The Regulations themselves are found here. Health Canada has issued a Guidance Document. The Guidance Document does not have the force of law. However, it gives information and can help to clarify applying the reimbursement regulations. The Guidance Document is found here.

If you have questions about egg donation in Canada, contact Ashley Krol at 905.707.3370.