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Safeguards for Last Resort Termination of Life Act

Chamber

Alberta

Stage

Introduced

This Alberta bill sets extra rules and safeguards for medical assistance in dying (MAiD) beyond federal law.

Key Changes

  • Adds a requirement that a person requesting MAiD must be expected to die within 12 months (stricter than current federal law, which does not always require this)
  • Requires a family member to be present as a witness during MAiD unless none is reasonably available
  • Gives individual practitioners and certain health care facilities the legal right to refuse to provide or allow MAiD on their premises
  • Creates 150-metre 'exclusion zones' around health care facilities that opt out of MAiD, where practitioners cannot provide MAiD-related services
  • Bans health professionals from displaying or proactively sharing information about MAiD in health care facilities — patients must ask first
  • Establishes mandatory discipline for rule violations, including permanent loss of the right to provide MAiD for a third offence, and licence cancellation for certain serious violations

Gotchas

  • The 12-month 'reasonably foreseeable natural death' requirement is stricter than current federal law, which removed the 'reasonably foreseeable' requirement for some patients in 2021 — this could conflict with federal law and face constitutional challenges
  • The ban on proactively sharing MAiD information in health care settings could limit patients' awareness of their legal options, particularly those who may not know to ask
  • The 150-metre exclusion zone around opt-out facilities restricts where practitioners can legally provide MAiD-related services, which could create access gaps in smaller communities with few health facilities
  • Mental illness as a sole underlying condition is explicitly excluded as a basis for MAiD requests, which aligns with current federal law but is written into provincial law separately
  • The bill explicitly states it prevails over the Health Professions Act in cases of conflict, giving it significant power over how professional regulators handle MAiD-related discipline
  • Practitioners are prohibited from referring patients to out-of-province services for MAiD eligibility opinions, which could limit options for patients in Alberta

Who's Affected

  • Albertans seeking medical assistance in dying
  • Physicians and nurse practitioners who provide or assess MAiD
  • Pharmacists and pharmacy technicians involved in MAiD
  • Operators of hospitals, continuing care homes, supportive living facilities, and clinics
  • Regulated health professionals working in any health care facility in Alberta

Summary

This Alberta bill creates additional provincial rules on top of federal law for medical assistance in dying (MAiD), which is the legal process where a doctor or nurse practitioner helps a seriously ill person end their life. The bill adds requirements like: the person must be expected to die within 12 months, a family member must witness the procedure when possible, and only specially approved practitioners can give opinions on eligibility. It also gives health care facilities and individual practitioners the right to refuse to participate in MAiD, and bans the display of MAiD information in health care facilities unless a patient specifically asks. The bill sets up a 'care coordination service' to help connect patients and practitioners with MAiD services, and creates a complaints and discipline system with mandatory penalties — including permanent bans — for practitioners who break the rules. It was introduced by Alberta's Minister of Justice and appears designed to add stricter provincial oversight to a process that is already regulated federally under the Criminal Code.

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