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Assisted Dying in Canada 
A look at the legal status of assisted dying across Canada.
Legalisation of Medical Assistance in Dying (MAiD)
Unlike the USA, where MAiD refers to self administration of medication to cause death, Canada, two types of MAiD are allowed.
A nurse practitioner or physician can directly administer a substance that causes the death of the person who has requested it, or a nurse practitioner or physician can give or prescribe to a patient a substance that they can self-administer to cause their own death.
Bill C-7 Reform
The 2021 Bill C-7 amended eligibility criteria by removing the “reasonable foreseeability of natural death” requirement, while temporarily excluding cases where mental illness is the sole condition.
Eligibility
Available to citizens and residents eligible for the national health care system (preventing medical tourism).
● Legal / Decriminalized ● Pending / Proposed ● Illegal
Summary
Canada permits medical assistance in dying (MAiD) following federal legislation that de-criminalised voluntary assisted dying and medical assisted dying under strict conditions, and also regulates palliative sedation.
Since 2016, Medical Assistance in Dying has been legal in Canada, with dedicated sections in the Criminal Code allowing both voluntary assisted and medical assisted dying, when eligibility criteria are met. The law was updated in 2021 with Bill C-7, removing the “reasonable foreseeability of natural death” requirement and introducing safeguards tailored to different cases. Access for people whose sole underlying condition is a mental illness was temporarily delayed while an expert panel recommended appropriate protocols.
Quick Overview
The new situation since 2016 is the result of the Act to amend the Criminal Code (Bill C-14) and the subsequent amendments in 2021 (Bill C-7).
Act to amend the Criminal Code (Bill C-7)
Click to view the legislative details.
The legislation created exceptions to culpable homicide and aiding suicide when carried out in the context of medical assistance in dying.
Eligibility: Available to citizens and residents eligible for the national health care system (preventing medical tourism).
RFND Removal: In 2021, the criterion that a “reasonable foreseeability of natural death” (RFND) be present was repealed as an absolute requirement, expanding access to those who are suffering intolerably but not necessarily dying immediately.
Safeguards: The law creates two sets of safeguards. Track 1 for those with a reasonably foreseeable death (eased safeguards) and Track 2 for those without (clarified, stricter safeguards).
Mental Illness: A temporary exclusion remains for cases where mental illness is the sole underlying medical condition.
Visit Department of Justice Canada
for more info.
Federal Legislation
MAiD is permitted nationwide under federal law (sections 241.1–241.4 of the Criminal Code), making it legal for eligible citizens and residents to receive medical assistance in dying.
Legal Timeline
Since 2017, Canada also has a special law for palliative sedation: the Framework on Palliative Care in Canada Act. Under this law, palliative sedation is permitted and regulated in Canada. The practical aspects are described on the website End-of-Life Law and Policy in Canada.
In 2019, the Superior Court of Québec declared in its Truchon v Canada (AG) decision that the criterion in the federal MAiD legislation, that there should be a “reasonable foreseeability of natural death” (RFND), as unconstitutional. In reaction to this decision, the Government of Canada delivered a legislative response: Bill C-7.
In March 2021, this bill became law and the criterium ‘reasonable foreseeability of natural death’ was no longer in it. The bill also included a provision to temporarily exclude those whose sole underlying condition is a mental disorder from eligibility. Access to MAiD in these cases was delayed for 24 months, to allow an Expert Panel to provide advice to the federal government on the safeguards, protocols and guidance that should apply in these cases.
In May 2022, the Expert Panel came with their report on MAiD and Mental Illness. In December, the federal government declared it needs more time before expanding Canada’s medical assistance in dying (MAiD) policy to include mentally ill people.
In June 2022, Canadian Senator Pamela Wallin tabled a bill to create possibilities for MAiD based on an advance request. Bill S-248 sought an exemption to the Criminal Code of Canada to allow for advance requests for medical assistance in dying for Canadians diagnosed with a serious or incurable disease, illness or disability. The bill would allow Canadians to waive the requirement for final consent when receiving MAiD if they lose capacity and it will allow provinces and territories to legally create advance request frameworks.
End-of-Life Law and Policy in Canada.
Quebec
Quebec has a unique legal history regarding assisted dying. Before the federal legislation passed, Quebec adopted its own law, the Act Respecting End-of-Life Care, in 2014.
In 2019, the Superior Court of Québec declared in the Truchon v Canada (AG) decision that the federal “reasonable foreseeability of natural death” criterion and the provincial “end of life” criterion were unconstitutional. This decision was a catalyst for the federal Bill C-7.
In June 2022, a bill was tabled to allow for advance requests for MAiD for those with serious or incurable diseases (like Alzheimer’s) who may lose capacity.
Quebec refers to the practice as “Medical Aid in Dying” (l’aide médicale à mourir).
The province regulates the practice as a continuum of care.
Visit Government of Quebec
for more info.
Members
Our Canadian Member Organisations
We currently have 63 are members of the World Federation, with 3 based in Canada.
latest news
The latest news from our members and from around the world
Our members produce helpful factsheets and newsletters. The Federation is always happy to share other sources of information in favour of our joint mission to advance assisted dying around the world.
