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MAID for mental illness delayed to 2027

Full Title: An Act to amend An Act to amend the Criminal Code (medical assistance in dying), No. 2

Summary#

This bill delays eligibility for medical assistance in dying (MAID) where a person’s only medical condition is a mental illness. It pushes the start date for eligibility to March 17, 2027, and sets up a Joint Committee of Parliament to review this issue before then. It also includes coordinating rules to keep the Criminal Code wording clear during the delay period (Bill, Section 6; Coordinating Amendments).

  • People whose sole condition is a mental illness remain ineligible for MAID until March 17, 2027 (Bill, Section 6).
  • Health care providers may not provide MAID in those cases during the delay (Bill, Section 6).
  • A Joint Committee must start a review within 2 years of Royal Assent and may recommend changes; it expires when it tables its report or on March 17, 2027, whichever comes first (Bill, Review (1)-(4)).
  • If timing creates overlap with the 2021 MAID law, a temporary clause clarifies that, for eligibility, “a mental illness is not considered to be an illness, disease or disability” until March 17, 2027, after which that clause is repealed (Bill, Coordinating Amendments s. 2(2)(b), (c)).

What it means for you#

  • Households

    • If your only medical condition is a mental illness, you cannot receive MAID until March 17, 2027 (Bill, Section 6).
    • If you have another eligible grievous and irremediable medical condition (not solely a mental illness), current MAID rules continue unchanged by this bill (Bill, Section 6).
    • Families and caregivers may face unchanged care needs for loved ones whose sole condition is a mental illness until at least March 17, 2027 (Bill, Section 6).
  • Workers and health care providers

    • Physicians, nurse practitioners, and MAID assessors must continue to treat cases where mental illness is the sole condition as ineligible until March 17, 2027 (Bill, Section 6).
    • Documentation and screening processes should reflect the continued exclusion through March 17, 2027 (Bill, Section 6; Coordinating Amendments).
  • Health systems and institutions

    • Hospitals, clinics, and MAID coordination services must maintain policies consistent with the federal ineligibility for sole mental illness through March 17, 2027 (Bill, Section 6).
    • No new federal reporting or funding programs are created by this bill (Bill text).
  • Governments and advocates

    • A Joint Committee of the Senate and House of Commons must begin a review within 2 years of Royal Assent; it may table recommendations before eligibility changes in 2027 (Bill, Review (1)-(3)).
    • The Committee ends when it tables its report or on March 17, 2027, whichever is earlier (Bill, Review (4)).

Expenses#

  • Estimated net cost: Data unavailable.

  • Key points

    • The bill contains no direct appropriations, fees, or tax changes (Bill text).
    • Operating a Joint Committee uses parliamentary resources; no official cost estimate is provided. Data unavailable.
    • Health system costs or savings from the continued exclusion are not quantified in the bill. Data unavailable.

Proponents' View#

  • Extending the date to March 17, 2027 provides more time to prepare clear practice standards, training, and oversight before allowing MAID for sole mental illness (Bill, Section 6; Review (1)-(3)).
  • The mandated Joint Committee review within 2 years of Royal Assent adds accountability and allows Parliament to adjust the Criminal Code if needed before the change takes effect (Bill, Review (1)-(3)).
  • Coordinating Amendments avoid legal uncertainty by making it explicit, during the delay, that a mental illness alone does not meet MAID eligibility, and by repealing that clause on March 17, 2027 (Bill, Coordinating Amendments s. 2(2)(b), (c)).
  • The hard sunset date signals planning certainty for provinces, regulators, and providers about when the exclusion ends (Bill, Section 6).

Opponents' View#

  • The extension delays access for people whose sole condition is a mental illness, creating unequal treatment compared to other grievous and irremediable conditions (Bill, Section 6).
  • Labeling “a mental illness is not considered to be an illness, disease or disability” for MAID eligibility during the delay could entrench stigma and create confusion among patients and providers (Bill, Coordinating Amendments s. 2(2)(b)).
  • The Joint Committee timeline—start within 2 years and expire by March 17, 2027—may compress the review and limit time for implementing any recommended changes before the exclusion lifts (Bill, Review (1)-(4)).
  • If health systems and regulators are still not ready by 2027, the fixed date could force last‑minute rule changes or another delay, adding uncertainty for patients and clinicians (Bill, Section 6).
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Votes

Vote 89156

Division 640 · Negatived · February 14, 2024

For (10%)
Against (89%)
Paired (1%)
Vote 88541

Division 641 · Agreed To · February 14, 2024

For (89%)
Against (10%)
Paired (1%)
Vote 89156

Division 645 · Agreed To · February 15, 2024

For (89%)
Against (10%)
Paired (1%)
Vote 89156

Division 646 · Agreed To · February 15, 2024

For (87%)
Against (13%)