Changes to MAID Monitoring Regulations

Summary#

On May 21, 2022, Health Canada published proposed Regulations Amending the Regulations for the Monitoring of Medical Assistance in Dying.
The proposal would change what the federal government collects and reports about requests for and deliveries of medical assistance in dying (MAID). Key additions are demographic questions (race, Indigenous identity, gender identity, disability) — only if the person agrees — and new reporting by preliminary assessors and pharmacy technicians. The proposed rules are meant to align with changes to the Criminal Code made by Bill C‑7 in March 2021 and would take effect on January 1, 2023 (with one part on January 1, 2024).

What it does#

• Updates the federal MAID monitoring rules to match the legal changes from Bill C‑7.
• Allows collection of demographic data about people who request MAID — race, Indigenous identity, disability, sex at birth and gender — but only if the person consents.
• Requires reporting on all assessments after a MAID request, including verbal or preliminary assessments done before a written request.
• Adds reporting duties for preliminary assessors (who will have to report if they find a person ineligible) and lets pharmacy technicians report when they dispense MAID drugs.
• Creates a two‑track reporting structure that mirrors the law: different procedural safeguards and timelines depending on whether a person’s natural death is reasonably foreseeable.
• Changes deadlines for reporting: generally 90 days for requests where natural death is reasonably foreseeable, and two years where it is not.
• Removes some older reporting items (for example, the former 10‑day reflection period that the law eliminated) and replaces “patient” with “person” throughout the forms.
• Pairs Health Canada with Statistics Canada to collect and securely store the data and to prepare the annual public reports. The first full year of the new data would be collected in 2023 and appear in the annual report released in summer 2024.

Who's affected#

• Medical practitioners and nurse practitioners who assess requests for or provide MAID.
• Preliminary assessors (roles outside the practitioner definition) who perform early assessments — provinces and territories will define who they are.
• Pharmacists and pharmacy technicians who dispense MAID substances.
• Health Canada and Statistics Canada, which will collect, store and publish the data.
• Provincial and territorial governments that are designated recipients of MAID reports.
• People requesting MAID, because additional demographic and care‑related information may be asked — but demographic questions are collected only with consent.
• Small MAID providers: Health Canada estimates about 2,437 small businesses (most practitioners) could face added administrative work.

Why it matters#

• Better data for policy: The changes aim to give a fuller, more consistent national picture of who requests MAID, why, and whether there are gaps or inequalities (for example, by race, disability, Indigenous identity or gender). That can inform policy, healthcare planning and research.
• Privacy and consent: The draft says sensitive demographic information will only be collected with the person’s consent. Data handling will use secure systems and follow privacy rules (including the Privacy Act), but some stakeholders raised concerns about intrusiveness and identifiability.
• Extra paperwork and possible access impacts: Health Canada estimates added administrative costs for practitioners and preliminary assessors of about $174,000 in the first year and $248,000 in ongoing annual costs. Implementation costs to governments are estimated as a one‑time $210,000 and ongoing $139,000 per year. Small businesses were estimated to face a present value cost of $708 per owner (about $101 per business annualized). Some medical groups warned that extra reporting could discourage providers and complicate access to MAID in places with limited support.
• Timing and transparency: If adopted, the new reporting rules would start in January 2023, and the first annual federal report containing the expanded information would cover 2023 data and be published in summer 2024.
• This is a proposal (Part I notice). It was open for comments after publication and is not law until finalized.