Yes, IVF is legal in Canada, governed by the Assisted Human Reproduction Act (AHRA) and provincial health regulations. The procedure is permitted but strictly controlled, with oversight from Health Canada and the Assisted Human Reproduction Agency of Canada (AHRAC). Recent 2026 amendments to the AHRA introduce stricter penalties for non-compliance, including fines up to $500,000 for unauthorized commercial surrogacy or gamete sales.
Key Regulations for In Vitro Fertilization (IVF) in Canada
- Gamete procurement restrictions: Selling or purchasing human eggs or sperm is prohibited under Section 7 of the AHRA. Compensation is limited to reimbursement for reasonable expenses incurred by donors.
- Clinic licensing and oversight: IVF clinics must be licensed by Health Canada and comply with the Assisted Human Reproduction Regulations, which mandate annual inspections and reporting on success rates, complications, and donor anonymity breaches.
- Embryo disposition rules: Clinics must adhere to AHRA’s embryo storage and disposal guidelines, requiring written consent from patients for any research or destruction of excess embryos. Unauthorized embryo transfers or genetic modifications are criminal offenses under Section 5(1)(a).
Provincial health authorities, such as the Ontario Fertility Program or BC’s Assisted Reproduction Program, further regulate IVF access, often restricting funding to medically necessary cases. Non-compliance risks license revocation, civil liability, or criminal charges under the AHRA.