S-223 1 44 70-71 Elizabeth II – 1 Charles III 2021-2022

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs)

An Act to amend the Criminal Code and the Immigration and Refugee Protection Act (trafficking in human organs) 2022 12 15 18 2022

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 appropriate minister is of the opinion that they have engaged in any activities relating to trafficking in human organs.

His 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) 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.

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 or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given;

(

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 or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given; or

(

c) does anything in connection with the removal of an organ from the body of another person on behalf of, at the direction of or in association with the person who removes the organ, knowing that the person from whom it was removed or a person lawfully authorized to consent on behalf of the person from whom it was removed did not give informed consent to the removal, or being reckless as to whether or not such consent was given.

Financial transaction

(2) 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

(3) Everyone who commits an offence under subsection (1) or (2) is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years.

2001, c. 27

Immigration and Refugee Protection Act

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 ;