MAID Mental Illness Access Delayed One Year

Summary#

This bill (C-39) delays, by 12 months, the end of the current rule that excludes people from medical assistance in dying (MAID) if their only medical condition is a mental illness. It sets March 17, 2024 as the date when the repeal of that exclusion takes effect (Bill s. 1; Bill Summary). Until then, the existing exclusion stays in place.

• Keeps people whose sole condition is a mental illness ineligible for MAID until March 17, 2024 (Bill s. 1).
• Does not change MAID rules for physical illnesses or disabilities.
• Does not create new programs, funding, or reporting duties.
• Applies across Canada because MAID eligibility is in the federal Criminal Code.

What it means for you#

• Households

  • If you or a family member have a mental illness as the only medical condition, you cannot receive MAID until March 17, 2024. Requests based only on mental illness remain ineligible before that date (Bill s. 1; Bill Summary).
  • If the person has another qualifying medical condition, current MAID rules continue to apply. This bill does not change those rules.

• Workers (health professionals involved in MAID)

  • MAID assessors and providers must continue to refuse MAID when mental illness is the sole underlying condition until March 17, 2024 (Bill s. 1).
  • Clinical workflows, consent forms, and assessments for other MAID cases are unchanged by this bill.

• Businesses (clinics, hospitals)

  • No new legal duties or funding. Existing MAID processes continue, excluding cases where mental illness is the only condition until March 17, 2024 (Bill s. 1).

• Provincial/territorial governments and regulators

  • Additional time to adjust standards, training, and oversight for any future MAID cases involving mental illness before March 17, 2024. This timing effect follows from the federal delay; the bill itself does not mandate provincial actions (Bill s. 1).

• Service users (patients seeking MAID)

  • If your request is based only on a mental illness, it will remain ineligible until March 17, 2024. You may still seek MAID if you meet eligibility for other medical conditions under existing law. This bill does not alter other safeguards or timelines.

Expenses#

Estimated net cost: Data unavailable.

• The bill makes a date change to a coming-into-force clause. It includes no appropriations, taxes, fees, or mandated spending (Bill s. 1).
• No federal fiscal note located. Data unavailable.

Proponents' View#

• Allows more time to prepare safeguards, standards, and clinician training specific to MAID where mental illness is the sole condition, as recommended by the Expert Panel on MAID and Mental Illness (Expert Panel Report, May 2022).
• Reduces risk of uneven practices across provinces by avoiding a sudden policy change before guidance is in place (Expert Panel Report, May 2022; Special Joint Committee on MAID Interim Report, February 2023).
• Maintains the status quo for one more year, which proponents say protects patients during a complex transition (Bill s. 1; Bill Summary).
• Imposes no new costs or administrative burdens because it only shifts a date; programs and safeguards for other MAID cases remain unchanged (Bill s. 1).

Opponents' View#

• Delays access for competent adults whose only condition is a mental illness, prolonging the period during which they cannot choose MAID even if other safeguards could apply (Bill Summary).
• Creates uncertainty for patients and providers planning assessments near the transition date, increasing the chance of inconsistent access across regions (Special Joint Committee on MAID Interim Report, February 2023).
• A fixed one-year delay may still be insufficient for full readiness, risking a “cliff edge” change on March 17, 2024, or prompting further last‑minute delays (timing risk noted in committee discussions; Special Joint Committee on MAID Interim Report, February 2023).
• Does not include monitoring or reporting requirements to track system readiness during the delay, making it harder to measure whether safeguards are actually in place by the new date (Bill text).