be eligible for publicly funded health care services. be 18 years of age or older and have decision-making capacity. The law no longer requires a person’s natural death to be reasonably foreseeable as an eligibility criterion for MAID.Īs of March 17, 2021, persons who wish to receive MAID must satisfy the following eligibility criteria: The Superior Court found the “reasonable foreseeability of natural death” eligibility criterion in the Criminal Code, as well as the “end-of-life” criterion from Québec’s Act Respecting End-of-Life Care, to be unconstitutional. The revised law modified MAID eligibility criteria in response to the Superior Court of Québec’s 2019 Truchon decision. On March 9, 2023, Bill C-39 received Royal Assent and immediately came into effect, temporarily postponing the eligibility date for persons suffering solely from a mental illness until March 17, 2024. News release: Delay of eligibility for medical assistance in dying for persons suffering solely from mental illness proposed by Ministers of Justice and Health (February 2, 2023). On February 2, 2023, the Government of Canada introduced legislation (Bill C-39) to extend the temporary exclusion of eligibility in circumstances where a person's sole underlying medical condition is a mental illness for a period of one-year, until March 17, 2024. Statement: Statement by Ministers Lametti, Duclos and Bennett on medical assistance in dying in Canada (December 15, 2022). On December 15, 2022, the Ministers of Justice, Health, and Mental Health and Addictions, announced the Government of Canada's intention to introduce legislation to seek an extension of the temporary exclusion of eligibility for persons suffering solely from mental illness. News release: Canada's new medical assistance in dying (MAID) law (March 17, 2021). The Government is working with provinces and territories and with health care professionals to ensure eligible Canadians are able to request MAID according to the law, and that the appropriate protections are in place. On March 17, 2021, Parliament passed former Bill C-7 to revise eligibility criteria for obtaining MAID and the process of assessment. The changes were also informed by Canada's experience with MAID, feedback from over 300,000 Canadians, experts, practitioners, stakeholders, provinces and territories, provided during the January and February 2020 consultations, and the testimony of over 120 expert witnesses heard throughout former Bill C-7's study by the House of Commons and the Senate. These changes were introduced in response to the Superior Court of Québec's 2019 Truchon decision, in which it found the "reasonable foreseeability of natural death" eligibility criteria in the Criminal Code, as well as the "end-of-life" criterion from Québec's Act Respecting End-of-Life Care, to be unconstitutional. 
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On October 5, 2020, the Minister of Justice and Attorney General of Canada introduced former Bill C-7: An Act to amend the Criminal Code (medical assistance in dying) in Parliament, which proposed changes to Canada's law on medical assistance in dying. In June 2016, the Parliament of Canada passed federal legislation that allows eligible Canadian adults to request medical assistance in dying. The Supreme Court gave the government until June 6, 2016, to create a new law. The parts that prohibited medical assistance in dying would no longer be valid. Canada that parts of the Criminal Code would need to change to satisfy the Canadian Charter of Rights and Freedoms. In February 2015, the Supreme Court of Canada ruled in Carter v. Final consent for persons who choose to self-administer substance for MAID.Final consent for persons whose natural death is reasonably foreseeable.Safeguards for persons whose natural death is not reasonably foreseeable.Safeguards for persons whose natural death is reasonably foreseeable.
Eligibility for persons suffering from mental illness.Note: For more information on access to MAID and how it is delivered in Canada, please consult Health Canada’s MAID webpage.
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