Bill S-240: An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

Bill S-240 If you have any questions or comments regarding the accessibility of this publication, please contact us at [email protected]. First Reading Third Reading LEGISinfo Bilingual view XML PDF Skip to Document Navigation Skip to Document Content Criminal Code Immigration and Refugee Protection Act First Session, Forty-second Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 SENATE OF CANADA BILL S-240 An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs) AS PASSED BY THE SENATE October 23, 2018 4211721 SUMMARY This enactment amends the Criminal Code to create new offences in relation to trafficking in human organs. It also amends the Immigration and Refugee Protection Act to provide that a permanent resident or foreign national is inadmissible to Canada if the Minister of Citizenship and Immigration is of the opinion that they have engaged in any activities relating to trafficking in human organs. Available on the Senate of Canada website at the following address: www.sencanada.ca/en 1st Session, 42nd Parliament, 64-65-66-67 Elizabeth II, 2015-2016-2017-2018 SENATE OF CANADA BILL S-240 An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs) Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: R.‍S.‍, c. C-46 Criminal Code 1 (1) Section 7 of the Criminal Code is amended by adding the following after subsection (4.‍11): Offence outside Canada (4.‍2) Despite anything in this Act or any other Act, a person who commits an act or omission outside Canada that, if committed in Canada, would be an offence under section 240.‍1 is deemed to commit that act or omission in Canada if the person is a Canadian citizen or a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act. (2) Subsection 7(4.‍3) of the Act is replaced by the following: Consent of Attorney General (4.‍3) Proceedings with respect to an act or omission deemed to have been committed in Canada under subsection (4.‍1) or (4.‍2) may only be instituted with the consent of the Attorney General. 2 The Act is amended by adding the following after section 240: Trafficking in Human Organs Removal without informed consent 240.‍1 (1) Everyone commits an offence who (a) obtains an organ to be transplanted into their body or into the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent; (b) carries out, participates in or facilitates the removal of an organ from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent; or (c) acts on behalf of, at the direction of or in association with a person who removes an organ from the body of another person, knowing that the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not that person gave informed consent. Definition of informed consent (2) For the purpose of this section, informed consent means consent that is given by a person capable of making decisions with respect to health matters and with knowledge and understanding of all material facts, including the nature of the organ removal procedure, the risks involved and the potential side effects. Financial transaction (3) Everyone commits an offence who obtains or participates in or facilitates the obtaining of an organ from the body of another person for the purposes of having that organ transplanted into their body or the body of another person, knowing that it was obtained for consideration or being reckless as to whether or not it was obtained for consideration. Punishment (4) Everyone who commits an offence under subsection (1) or (3) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years. Report 240.‍2 A medical practitioner as defined in section 241.‍1 who treats a person in relation to an organ transplant must, as soon as reasonably practicable, report to the authority designated by order of the Governor in Council for that purpose the name of that person, if known, and the fact that the person has received an organ transplant. 2001, c. 27 Immigration and Refugee Protection Act 3 Subsection 35(1) of the Immigration and Refugee Protection Act is amended by adding the following after paragraph (c): (c.‍1) having engaged in conduct that would, in the opinion of the Minister, constitute an offence under section 240.‍1 of the Criminal Code; Published under authority of the Senate of Canada Publication Explorer Publication Explorer ParlVU