S-32.0001 - Act respecting end-of-life care

Section 26 Disposition versions

2024-03-07

26. In order to obtain medical aid in dying, a patient must, in addition to making a request that complies with this section and, where applicable, section 27, meet the following criteria:

(1)  be of full age and capable of giving consent to care, subject to the exception provided for in the third paragraph of section 29 with regard to the patient’s capacity;

(2)  be an insured person within the meaning of the Health Insurance Act (chapter A-29);

(3)  be in one of the following situations:

(a)  suffer from a serious and incurable illness and be in a medical state of advanced, irreversible decline in capability; or

(b)  have a serious physical impairment causing significant and enduring disabilities; and

(4)  experience enduring and unbearable physical or psychological suffering that cannot be relieved under conditions the patient considers tolerable.

For the purposes of subparagraph 2 of the first paragraph, a person with respect to whom the cost of the insured health services they receive or may receive is assumed otherwise than under the Health Insurance Act due to their detention in Québec or due to the fact that they are resident in Québec and in active service in the Canadian Armed Forces is considered an insured person within the meaning of that Act.

For the purposes of subparagraph a of subparagraph 3 of the first paragraph, a mental disorder other than a neurocognitive disorder cannot be an illness for which a person may make a request.

The patient must request medical aid in dying themselves, in a free and informed manner, by means of the form prescribed by the Minister. The form must be dated and signed by the patient.

The form must be signed in the presence of and countersigned by a health or social services professional; the professional who is not the competent professional treating the patient must forward the signed form to the competent professional.

2014, c. 2, s. 26; 2023, c. 15, ss. 16 and 58.

2023-06-07

26. In order to obtain medical aid in dying, a patient must, in addition to making a request that complies with this section and, where applicable, section 27, meet the following criteria:

(1)  be of full age and capable of giving consent to care, subject to the exception provided for in the third paragraph of section 29 with regard to the patient’s capacity;

(2)  be an insured person within the meaning of the Health Insurance Act (chapter A-29);

(3)  suffer from a serious and incurable illness and be in an advanced state of irreversible decline in capability; and

(4)  experience enduring and unbearable physical or psychological suffering that cannot be relieved under conditions the patient considers tolerable.

For the purposes of subparagraph 2 of the first paragraph, a person with respect to whom the cost of the insured health services they receive or may receive is assumed otherwise than under the Health Insurance Act due to their detention in Québec or due to the fact that they are resident in Québec and in active service in the Canadian Armed Forces is considered an insured person within the meaning of that Act.

For the purposes of subparagraph 3 of the first paragraph, a mental disorder other than a neurocognitive disorder cannot be an illness for which a person may make a request.

The patient must request medical aid in dying themselves, in a free and informed manner, by means of the form prescribed by the Minister. The form must be dated and signed by the patient.

The form must be signed in the presence of and countersigned by a health or social services professional; the professional who is not the competent professional treating the patient must forward the signed form to the competent professional.

2014, c. 2, s. 26; 2023, c. 15, ss. 16 and 58.

2015-12-10

26. Only a patient who meets all of the following criteria may obtain medical aid in dying:

(1)  be an insured person within the meaning of the Health Insurance Act (chapter A-29);

(2)  be of full age and capable of giving consent to care;

(3)  be at the end of life;

(4)  suffer from a serious and incurable illness;

(5)  be in an advanced state of irreversible decline in capability; and

(6)  experience constant and unbearable physical or psychological suffering which cannot be relieved in a manner the patient deems tolerable.

The patient must request medical aid in dying themselves, in a free and informed manner, by means of the form prescribed by the Minister. The form must be dated and signed by the patient.

The form must be signed in the presence of and countersigned by a health or social services professional; if the professional is not the attending physician, the signed form is to be given by the professional to the attending physician.

2014, c. 2, s. 26.