Skip to main content

Table 1 Select eligibility requirements and safeguards

From: Navigating medical assistance in dying from Bill C-14 to Bill C-7: a qualitative study

Bill

Eligibility

Safeguards

Bill C-14

(1) A serious and incurable, illness, disease or disability;

(2) In an advanced state of irreversible decline;

(3) Intolerable physical or psychological suffering that cannot be relieved under conditions that the patient deems acceptable; and

(4) Where natural death had become reasonably foreseeable, without a prognosis having been made about length of time remaining.

(1) Requests had to be made in writing and signed by two independent witnesses;

(2) 10-day waiting period that could only be waived if the applicant was at risk of losing capacity;

(3) Persons had to provide final consent immediately before the injection that would cause death

Bill C-7

Natural death reasonably foreseeable track.

Final consent could be waived as long as

(1) they met all of the eligibility criteria;

(2) they entered into an agreement in writing that included a specific day for the MAID procedure;

(3) they were informed of the risk of losing capacity;

(4) in the written agreement they consented to having MAID on that day if they had lost capacity; and

(5) at the time of administration they do not demonstrate refusal or resistance to have the substance administered.

Request signed by one independent witness.

No 10-day waiting period

Bill C-7

Natural death not reasonably foreseeable track.

Final consent can be waived if the person has self-administered and lost the capacity to consent but has not died, if the following conditions are met.

Before the person lost the capacity to consent to MAID, the person entered into an agreement in writing with the physician or NP providing MAID that

• requires the physician or NP to be present at the time of the self-administration; and

• allows the physician or NP to administer a second substance to cause the person’s death if the person lost capacity to consent and did not die within a specified period after self-administration.

The person self-administered the first substance but did not die within the specified period and has lost capacity to consent to MAID.

The second substance is administered to the person in accordance with the terms of the arrangement.

Request signed by one independent witness

There are at least 90 clear days between the day on which the first assessment begins and the day on which medical assistance in dying is provided, or – if the assessments have been completed and both of the physicians or NPs are of the opinion that the loss of the person’s capacity to provide consent to receive medical assistance in dying is imminent – any shorter period that the physician or NP who is to provide MAID considers appropriate in the circumstances.