Regulatory Revisions in End-of-Life Care and MAiD

On April 10, 2025, a regulatory update was enacted concerning the conditions for accessing and operating the advance medical directives register and advance requests for medical aid in dying in Quebec, as per the Act respecting end-of-life care (chapter S-32.0001). This amendment to the Regulation aims to improve the governance regarding the procedures involved with advance medical directives and advance requests for medical assistance in dying (MAiD). It establishes guidelines on who can access, record, and modify the details in the register, as well as the roles of various professionals in the process.
The regulation’s updates impact multiple aspects of the legislative framework surrounding end-of-life care. It broadens the scope of the regulation to include both advance medical directives and advance requests for MAiD, underscoring the importance of operationalizing and safeguarding these sensitive requests. The amendments clarify that access to the register can be authorized for certain professionals and entities, ensuring that only those with proper authorization can record, consult, and modify the entries in the register.
A significant portion of the revision deals with the roles of competent professionals and other parties involved in the recording process. For instance, medical professionals and notaries handling advance requests for MAiD are required to send the request to the Minister, who will then verify and record the request in the register. The regulation emphasizes the necessity of ensuring the uniqueness and accuracy of identifying information, such as a person’s name, birthdate, and health insurance number, before the request is recorded.
The regulation also establishes a clear procedure for professionals wishing to consult the register to verify the existence of advance requests. When consulting, professionals must provide identifying information, such as the person’s name, date of birth, sex, and health insurance number. If the advance request is found, it must be added to the patient’s medical record, unless already present. The regulation also stipulates the process for withdrawing and removing requests from the register, ensuring that once a request is withdrawn, it is clearly marked as such in the register to prevent confusion.
Moreover, the update introduces the concept of “intervening parties,” such as health professionals and employees of the register manager, who may be assigned access to the register with specific authorizations. This clarification ensures that individuals with appropriate permissions can carry out their roles without ambiguity. Section 18 also covers the process for confirming a person’s eligibility and verifying the legitimacy of a request before it is recorded or removed from the register.
These provisions are designed to ensure that individuals retain control over their end-of-life decisions, including the option to modify or revoke previous decisions regarding medical assistance in dying.
Quebec (S-32.0001) April 30, 2025
Disclaimer: Insights are for informational purposes only and do not reflect RRI’s official position or constitute legal opinion