The Act respecting clinical and research activities relating to assisted procreation helps ensure the safe and ethical practice of assisted procreation in Québec.
The Act to enact the Act to promote access to family medicine and specialized medicine services and to amend various legislative provisions relating to assisted procreation came into effect on November 10, 2015.
The adoption of this law ends coverage of several assisted procreation services previously insured under the Québec assisted procreation program.
The following transitional provisions are for people with a health insurance card who began receiving certain services before November 11, 2015.
Provisions for people with medical insurance who began receiving in vitro fertilization (IVF) services before November 11, 2015
In the context of assisted procreation, the initial consultation is the starting point of services required for IVF purposes.
The initial consultation is conducted with a couple after an infertility evaluation. This consultation aims to develop and implement an appropriate treatment plan for assisted procreation through IVF.
People who started receiving IVF services will continue to be insured in the following cases:
- A person has herself received services required to retrieve eggs or ovarian tissue
- A person is participating in assisted procreation with another person and has received, as the case may be:
- Services required for sperm collection through medical intervention
- Services required to retrieve eggs or ovarian tissue
The services will remain insured until whichever of the following 2 cases happens first:
- The end of the ovarian cycle during which the person received IVF services (until there are no more embryos left from this cycle of fertilization)
- A pregnancy. Pregnancy is confirmed if there is a positive fetal heartbeat at 6 weeks (the heart of the fetus is visible on ultrasound) or if there is other medical evidence of a pregnancy
The ovarian cycle during which the person received IVF services is, however, considered completed in the following situations:
- When no egg is punctured following ovarian stimulation
- Sperm brought into contact with the eggs do not produce embryos
- Embryos are not well developed
Sperm and embryo storage
Embryo cryopreservation and services required for sperm freezing and storage in cases in which assisted procreation services began before November 11, 2015, will be insured until November 10, 2018.
People who received IVF services, who were pregnant before November 11, 2015, and have frozen embryos from that cycle
Given that the ovarian cycle ends in pregnancy, these people are not eligible for transitional provisions. They may not continue receiving frozen embryo transfers free of charge.
For example, if a person had a child in 2013 following IVF in 2012 and 2 embryos were frozen during that cycle, the cost for that person to transfer those frozen embryos for another pregnancy will not be covered by insurance.
Transitional provisions provided for in the Act also apply to surrogate mothers.
Services Still Covered by Insurance
Artificial insemination services rendered by a doctor
Artificial insemination services rendered by a doctor are still covered by insurance for a maximum of 9 procedures if they do not result in a pregnancy (positive fetal heart rate). Only sperm purchase-related costs are excluded.
Fertility preservation services rendered by a doctor
Some services required for fertility preservation are covered when provided to a fertile person who is insured:
- Before this person undergoes any chemotherapy or radiation therapy with serious risk of leading to:
- Genetic change in the gametes (eggs, sperm)
- Before this person undergoes the removal of testicles or ovaries for the purposes of cancer treatment
In such cases, the following services are covered by insurance:
- Ovarian stimulation or ovulation induction
- Procedures to retrieve eggs and ovarian tissue
- Procedures to collect sperm or testicular tissue
- Freezing and storage of sperm, ovarian or testicular tissue or embryos for a period of 5 years
If you have any questions about your personal situation, please consult your doctor.
Expenses eligible for tax assistance for the treatment of infertility
Changes to the list of expenses eligible for tax assistance for the treatment of infertility following assent to Bill 20 – Newsletter published by the Ministère des Finances du Québec
Tax credit for the treatment of infertility
The tax credit for the treatment of infertility is intended for people who have had IVF treatment during the taxation year. To be eligible to claim the tax credit, a number of criteria must be met. They include:
- the person who claims the tax credit must be a resident of Québec;
- the person must have paid for IVF for themselves or for their spouse during the taxation year in question;
- neither the person nor their spouse may have had a child previously;
- neither the person nor their spouse may have undergone voluntary surgical sterilization by tubal ligation or vasectomy.
The tax credit varies depending on family income. The maximum amount of eligible expenses is $20,000 and the maximum tax credit is $10,000.
Consult Revenu Québec’s website to find out more about the eligibility criteria and eligible expenses. You will also find information about how to file a claim and how to complete the required forms.