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

Section 29.1 Disposition versions

Not in force

Not in force

29.1. In order to obtain medical aid in dying following an advance request, a patient must, in addition to making a request that complies with sections 29.2, 29.3 and 29.7 to 29.10, meet the following criteria:

(1)  at the time the patient makes the request:

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

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

(c)  suffer from a serious and incurable illness leading to incapacity to give consent to care; and

(2)  at the time medical aid in dying is to be administered:

(a)  be incapable of giving consent to care due to their illness;

(b)  still meet the criteria set out in subparagraphs b and c of subparagraph 1;

(c)  be exhibiting, on a recurring basis, the clinical manifestations related to their illness that they described in the request; and

(d)  be in a medical state

i.  of advanced, irreversible decline in capability, and

ii.  that gives a competent professional cause to believe, based on the information at their disposal and according to their clinical judgment, that the patient is experiencing enduring and unbearable physical or psychological suffering that cannot be relieved under conditions considered tolerable.

For the purposes of subparagraph b of subparagraph 1 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 c of subparagraph 1 of the first paragraph, a mental disorder other than a neurocognitive disorder cannot be an illness for which a person may make a request.

2023, c. 15, s. 20.