Canada’s medical assistance in dying (MAID) law

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Medical assistance in dying (MAID) is a complex and deeply personal issue. Canada’s MAID law balances a number of rights and interests including the autonomy of those who are eligible for MAID, the protection of those who may be vulnerable, and the recognition of suicide as an important public health issue.

Important: On October 27, 2026, legislation to allow advance requests and not move ahead with the scheduled expansion of MAID on the basis of a mental illness was introduced.

For more information on MAID and how it is delivered in Canada, consult Health Canada’s MAID webpage.

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Eligibility criteria

Important: On October 27, 2026, the Government of Canada introduced legislation to allow advance requests and not move ahead with the scheduled expansion of MAID on the basis of mental illness. For more information, please see the backgrounder.

Since March 17, 2021, persons who wish to receive MAID must meet the following eligibility criteria:

  • be 18 years of age or older and have decision-making capacity
  • be eligible for publicly funded health care services
  • make a voluntary request that is not the result of external pressure
  • give informed consent to receive MAID, meaning that the person consents to receiving MAID after they have received all information needed to make this decision
  • have a serious and incurable illness, disease or disability (excluding a mental illness)
  • be in an advanced state of irreversible decline in capability
  • have enduring and intolerable physical or psychological suffering that cannot be alleviated under conditions the person considers acceptable

Eligibility for persons suffering from mental illness

On October 27, 2026, the Government of Canada introduced a bill to not move ahead with the scheduled expansion of MAID on the basis of a mental illness. This proposed change responds to concerns from medical experts about whether these cases can be assessed safely and consistently. It also responds to the Special Joint Committee on Medical Assistance in Dying recommendation that the expansion not move forward.

Procedural safeguards

Canada’s MAID law includes different procedural safeguards for medical practitioners to follow, based on whether a person’s natural death is reasonably foreseeable or not. For people whose natural death is not reasonably foreseeable, this approach ensures sufficient time and expertise are spent assessing MAID requests.

These safeguards seek to address the diverse sources of suffering and vulnerability that could potentially lead a person who is not nearing death to ask for MAID.

Safeguards for persons whose natural death is reasonably foreseeable

The following procedural safeguards apply to persons whose natural death is reasonably foreseeable:

  • request for MAID must be made in writing and signed by one independent witness (a paid professional personal or health care worker can be an independent witness)
  • two independent doctors or nurse practitioners must provide an assessment and confirm that all eligibility requirements are met
  • the person must be informed that they can withdraw their request at any time, in any manner
  • the person must be given an opportunity to withdraw consent and must expressly confirm their consent immediately before receiving MAID (however, this “final consent” requirement can be waived in certain circumstances)

Safeguards for persons whose natural death is not reasonably foreseeable

The following procedural safeguards apply to persons whose natural death is not reasonably foreseeable (*indicates safeguards specific to those requests):

  • request for MAID must be made in writing and signed by one independent witness (a paid professional personal or health care worker can be an independent witness)
  • two independent doctors or nurse practitioners must provide an assessment and confirm that all eligibility requirements are met
    • *if neither of the two practitioners who assess eligibility has expertise in the medical condition that is causing the person’s suffering, they must consult with a practitioner who has such expertise
  • the person must be informed that they can withdraw their request at any time, in any manner
  • *the person must be informed of available and appropriate ways to relieve their suffering, including counselling services, mental health and disability support services, community services, and palliative care, and offered consultations with professionals who provide those services
  • *the person and the practitioners must discuss reasonable and available means to relieve the person’s suffering, and agree that the person has seriously considered those means
  • *the eligibility assessments must take at least 90 days, but this period can be shortened if the person is about to lose the capacity to make health care decisions and the assessments have been completed
  • immediately before MAID is provided, the practitioner must give the person an opportunity to withdraw their request and ensure that they give express consent

Final consent requirements

Final consent for persons whose natural death is reasonably foreseeable

For persons whose natural death is reasonably foreseeable, the law allows the requirement to provide final consent immediately before receiving MAID to be waived, if:

  • practitioners assessed and approved the person to receive MAID
  • the person is at risk of losing decision-making capacity before their preferred date to receive MAID, and practitioners informed the person of that risk
  • the person makes a written arrangement with their practitioner stating that the practitioner will administer MAID on their preferred date if they lose the capacity to provide final consent at that time

The agreement to waive final consent will be invalid if the person, after losing decision-making capacity, demonstrates refusal or resistance to the administration of MAID by words, sounds or gestures. Reflexes and other types of involuntary movements, such as a response to a touch or to the insertion of a needle, do not constitute refusal or resistance.

The waiver of final consent for persons in these circumstances, often referred to as “Audrey’s Amendment,” responds to the concerns that were raised by Audrey Parker, who chose to receive MAID earlier than she wanted to out of fear of losing decision-making capacity before her preferred date.

Final consent for persons who choose to self-administer substance for MAID

Persons approved to receive MAID and choose to self-administer the substance, can make a written arrangement with their medical practitioner in the event complications arise after ingesting the substance that cause the person to lose decision-making capacity, but not die.

Such arrangements allow the person to provide their consent to practitioner-administered MAID in advance, in the event of complications with self-administration. The practitioner must be present at the time of self-administration. Regardless of the person’s prognosis, all persons can make this type of written arrangement.

Data collection and monitoring regime

Canada’s MAID law requires data collection and reporting to provide a comprehensive picture of how MAID is being implemented in Canada. For more information, please visit Health Canada’s MAID webpage.