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Reimbursement of Expenditures and Possible Sub‑delegation of the Assisted Human Reproduction Regulations
From: Surrogacy in Canada
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Mark C McLeod, in Chapter 4, addresses the possible use of incorporation by reference to promulgate the regulations regarding eligible reimbursable expenses under the AHRA. This possibility has arisen as a result of the task force of the Canadian Standards Association (CSA), a third-party organization, which drafted an annex, “Reimbursement of Expenses for Donors and Surrogates,” at the request of Health Canada in 2015. While the AHRA permits regulation making to be delegated to bodies such as the CSA, McLeod concludes that such an approach is inappropriate in this context and falls short of what Canadians deserve. He raises several concerns in support of this conclusion, including that such an approach reduces transparency in the policy-making process, may result in ineffectual policy, creates barriers to public participation during the development of the regulations, and creates barriers to public accessibility to the law. These concerns raise questions about whether regulations arrived at through such a process will be reasoned and democratically responsive.
Contributors
Mark C McLeod
Mark C McLeod is a research associate with Impact Ethics, Dalhousie University, Halifax, Nova Scotia. NTE: Impact Ethics is an interdisciplinary research team that does research at the intersection of health, bioethics, and public policy. McLeod previously worked as a policy analyst at the Assisted Human Reproduction Implementation Office (AHRIO) of Health Canada. He developed and identified policy-related issues concerning assisted human reproduction and other related biological sciences under the Assisted Human Reproduction Act. He is also a barrister and solicitor.
