Summary#

This bill creates new crimes for trafficking in human organs and changes immigration rules to bar people involved in organ trafficking from entering or staying in Canada. It applies to acts done in Canada and to certain acts done abroad by Canadian citizens and permanent residents. It also sets a maximum prison term of 14 years for these crimes.

• Makes it a crime to remove, help remove, or receive an organ for transplant if informed consent was not given, or if the person is reckless about whether consent was given (Criminal Code s.240.1(1)).
• Makes it a crime to obtain or help obtain an organ for transplant if it was provided for consideration (payment or other benefit), or if the person is reckless about that (Criminal Code s.240.1(2)).
• Sets a maximum penalty of 14 years in prison (Criminal Code s.240.1(3)).
• Applies to acts done outside Canada by citizens and permanent residents; such acts are deemed committed in Canada for prosecution (Criminal Code s.7(4.2)).
• Requires the Attorney General’s consent before prosecutors can proceed under the extraterritorial rule (Criminal Code s.7(4.3)).
• Makes a foreign national or permanent resident inadmissible (not allowed to enter or remain) if the Minister finds they engaged in conduct that would be an organ‑trafficking offence in Canada (IRPA s.35(1)(c.1)).

What it means for you#

• Households and patients
  • Receiving a transplant organ that was removed without informed consent, or for consideration, can lead to criminal charges, even if the surgery happened abroad (Criminal Code s.240.1(1)–(2); s.7(4.2)). Effective on coming into force (date not stated in text provided).
  • People who arrange or facilitate a transplant involving a non‑consensual organ may face charges, including those who act on behalf of, at the direction of, or with the person who removed the organ (Criminal Code s.240.1(1)(c)).
• Health workers and facilitators
  • Doctors, hospital staff, brokers, and coordinators who participate in or facilitate a removal without informed consent face criminal liability, with a maximum of 14 years in prison (Criminal Code s.240.1(1), (3)).
  • Anyone who participates in obtaining an organ for consideration (payment or benefit) for transplant faces criminal liability (Criminal Code s.240.1(2)).
• Canadians abroad
  • Canadian citizens and permanent residents can be prosecuted in Canada for qualifying acts done outside Canada, with the Attorney General’s consent (Criminal Code s.7(4.2)–(4.3)).
• Immigrants, visitors, and permanent residents
  • A foreign national can be found inadmissible to Canada if the Minister is of the opinion they engaged in conduct that would be an offence under the new Criminal Code section (IRPA s.35(1)(c.1)).
  • A permanent resident may also be found inadmissible on the same ground, which can affect their status (IRPA s.35(1)(c.1)).
  • “Inadmissible” means not allowed to enter or remain in Canada; this can lead to refusal of entry, removal, or denial of status changes.

Expenses#

Estimated net cost: Data unavailable.

• No explicit appropriations or new fees in the bill text. Data unavailable.
• Potential costs for investigations, prosecutions, and corrections related to new Criminal Code offences. Data unavailable.
• Potential costs for screening, intelligence, and case processing at IRCC and CBSA due to the new inadmissibility ground (IRPA s.35(1)(c.1)). Data unavailable.
• Proceedings for extraterritorial cases require Attorney General consent (Criminal Code s.7(4.3)). Fiscal impact: Data unavailable.

Proponents' View#

• Creates a clear national ban on organ trafficking with strong penalties, which they argue will deter “transplant tourism” and related abuse (Criminal Code s.240.1(1)–(3)). Assumes deterrence effect.
• Covers people who knowingly benefit or are reckless about consent or payment, closing perceived loopholes for recipients and facilitators (Criminal Code s.240.1(1)(a)–(c), s.240.1(2)).
• Extends Canadian jurisdiction to citizens and permanent residents abroad, allowing Canada to act even when offences occur outside the country (Criminal Code s.7(4.2)).
• Adds an immigration bar so that those involved in organ trafficking cannot enter or remain in Canada, which proponents say helps prevent Canada from being a safe haven (IRPA s.35(1)(c.1)).
• Requires Attorney General consent for extraterritorial prosecutions, which proponents say ensures careful case selection and oversight (Criminal Code s.7(4.3)). Assumes this improves consistency.

Opponents' View#

• Enforcement abroad may be difficult; proving lack of informed consent or that consideration was paid in a foreign setting can be hard, raising risk of weak or uneven enforcement (Criminal Code s.240.1(1)–(2)). Assumes limited access to foreign evidence.
• The “reckless” standard could expose recipients or facilitators to prosecution even when documentation is incomplete, potentially discouraging legitimate transplants where proof is unclear (Criminal Code s.240.1(1)–(2)). Assumes documentation gaps.
• The immigration bar relies on the Minister’s “opinion,” which critics may view as a low threshold that could lead to inadmissibility decisions without criminal convictions (IRPA s.35(1)(c.1)). Assumes due process concerns.
• Health providers may face uncertainty about what verification is needed to avoid liability, which could lead to defensive practices or reduced willingness to assist patients with transplant needs (Criminal Code s.240.1(1)). Assumes compliance burdens.
• Investigations, prosecutions, and detention could add costs without clear data on prevalence, making cost‑effectiveness uncertain. Data unavailable.