Canadian Medical Association Journal 1996; 155: 267
The federal government intends to prohibit such practices as commercial preconception arrangements, sex selection for nonmedical purposes, and buying and selling of eggs, sperm and embryos. The legislation would make these prohibitions part of criminal law. But how will this be managed? A second piece of legislation is required to address this, and what it will look like is far from obvious.
This issue reflects a wider debate in Canada today. With the trend to devolve power to the provinces, what will happen to national standards? Should the federal government continue to establish and maintain standards or should this be increasingly assumed by the provinces?
The federal government is seeking feedback on the most appropriate management regime to enforce the NRT regulations before tabling follow-up legislation. A national regulatory agency is not the only option being considered: the use of inspectors from Health Canada has been suggested, as has the idea of allowing the provinces and territories to form their own regulatory bodies. Yet, inspectors are unlikely to be very effective, and a regulatory body in each province and territory would be costly and lead to variations in standards across the country. The risk is that enforcement will be piecemeal.
Although we are in a time of financial constraint the establishment of a national regulatory agency needs vigorous support. Canada has taken a sound ethical stance with respect to human reproduction: life should not be bought or sold. Strong central regulation is the best way to ensure that it is not.