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Memorandum D19-9-3: Importation and Exportation of Human Remains and Human Cells, Tissues and Organs for Transplantation, and Reproductive Material for Assisted Human Reproduction

ISSN 2369-2391

Ottawa,

This document is also available in PDF (215 KB)

The Canada Border Services Agency (CBSA) assists the Public Health Agency of Canada (PHAC) in the administration of the Quarantine Act and the Quarantine Regulations established thereunder. This memorandum outlines the conditions under which cadavers, body parts, human remains, tissues human cells, tissues, organs for transplantation, and reproductive material (donor sperm, ova, and in vitro embryos) for assisted human reproduction may be imported into, or exported from Canada.

Plain language summary

Target audience: Importers and exporters of human remains, human cells, tissues and organs for transplantation, and reproductive material for assisted human reproduction

Key content: Import and export requirements for human remains, human cells, tissues and organs for transplantation, and reproductive material for assisted human reproduction

Keywords: Human remains, death certificate, tissues, cells, importation

Updates made to this D-memo

This D-memorandum has been updated:

Definitions

1. Use the following definitions when applying this memorandum:

Cadavers, body parts and human remains includeFootnote 1:
  • the body of a deceased person in its entirety
  • human body part(s)Footnote 2 including: the head, limbs, trunk, appendages, organs, tissue or cells
  • skeletons
  • skulls
  • anthropological or archaeological specimens
  • other bones
  • terramated soil
Communicable disease
a human disease that is caused by an infectious agent or a biological toxin and poses a risk of significant harm to public health, or a disease listed in the schedule of the Quarantine Act (Appendix A), and includes an infectious agent that causes a communicable disease.
Death certificate
a medical certificate of death that is signed by an authorized person of the jurisdiction where the death occurred, specifying the date, location and cause(s) of death. Each country has laws and/or regulations regarding who is authorized to issue a medical certificate of death. Generally speaking, the attending physician or coroner is authorized to issue a medical certificate of death.
Hermetic seal
containers that are hermetically sealed and are constructed so that when closed and fastened is completely airtight.
Leak Proof Container
a container that is puncture-resistant and sealed in a manner to contain all contents and prevent leakage of fluids during handling, transport, or shipping.
Quarantine Officer
a medical practitioner or other qualified health care practitioner who is designated as a Quarantine Officer under the Quarantine Act.
Screening officer
a border services officer who is an officer within the meaning of subsection 2(1) of the Customs Act.
Vector
a pathogenic agent (e.g. an insect or animal) that is capable of transmitting a communicable disease.

Guidelines

Importation of Cadavers, Body Parts and Human Remains Into Canada

2. As a minimum requirement, human remains must be transported in a leak proof container.

3. Upon importation, cadavers, body parts and human remains must be accompanied by a death certificate. If the death certificate is written in a language other than English or French, the importer or exporter must provide a translation into one of the official language of Canada.

4. Death certificates should be considered valid unless a screening officer suspects that there has been fraud involved. In such cases, a quarantine officer is to be notified.

5. Depending on the presence or absence of a death certificate and the cause(s) of death, screening officers are to follow these protocols:

Note: Some air carriers may require that human remains be transported in a hermetically sealed container.

6. A screening officer must also inform a quarantine officer if there are reasonable grounds to suspect that the cadaver, body part or human remains may have a communicable disease or arrive in a damaged state (e.g., the hermetic seal appears broken, the container is leaking, the container has been damaged, or appears to have been compromised). This applies whether or not a death certificate has been provided.

7. Communicable diseases of concern do not include HIV/AIDS or hepatitis. A list of these diseases can be found in Appendix A and the schedule at the end of the Quarantine Act. Therefore, unless there is another reason why the cadaver, body part or human remains are being detained, the remains should be released.

8. Persons wishing to import a cadaver, body part or human remains where no death certificate is available can assist the quarantine officer by providing other evidence, such as a letter from a coroner, identifying the cadaver, body part or human remains and attesting that they are free of vectors. If written in a language other than English or French, the importer or exporter must provide a translation into either official language.

9. If a quarantine officer is concerned about the potential public health risk posed by the cadaver, body part or human remains, the quarantine officer will issue a directive to the conveyance operator indicating the precautions to be taken in handling and/or transporting the cadaver to its destination.

Importation of Cremated Human Remains Into Canada

10. Cremated human remains, because they do not pose a quarantine risk, do not require a death certificate. However, it is recommended that when transporting the cremated remains that the importer should carry a copy of the death and cremation certificate and ensure that the remains are in a container that can easily be scanned (e.g., cardboard, wood or plastic).

Importation of Human Cells, Tissues and Organs for Transplant Into Canada

11. Human cells, tissues and organs that are imported for transplantation in accordance with the Safety of Human Cells, Tissues and Organs for Transplantation Regulations under the Food and Drugs Act are not subject to the above requirements and therefore a quarantine officer does not need to be called. The importation of human cells, tissues, and organs for transplantation should be facilitated as expediently as possible given the temperature-sensitive nature of some of these products.

12. Cargo control documents are not required for the importation of human cells, tissues and organs. However, where cargo control documents have been issued, they may be acquitted by a reference to this memorandum.

13. For more information regarding the work with human cells or cell lines that might be under the authority of the Human Pathogens and Toxins Act, contact:

Center for Biosecurity
Public Health Agency of Canada
100 Colonnade Road
Ottawa ON K1A 0K9
Phone: 613-957-1779
Email: licence.permis@phac-aspc.gc.ca

Importation of reproductive material for the purposes of assisted human reproduction (AHR) into Canada

14. Donor sperm and ova for AHR are regulated under the Safety of Sperm and Ova Regulations (Safety Regulations), which are made under the Assisted Human Reproduction Act (AHR Act). Among other things, section 10 of the AHR Act prohibits the importation of donor sperm and ova unless they are processed in accordance with the Safety Regulations. Establishments that import donor sperm or ova must notify Health Canada using the Sperm and ova establishment notification form (FRM-0448) (PDF, 856 KB) prior to importing.

15. The extent to which Health Canada regulates in vitro embryos used in AHR is limited to the authorities granted by the AHR Act. While the AHR Act prohibits certain activities with respect to in vitro embryos (e.g. the purchase or sale of in vitro embryos, the use of an in vitro embryo without consent, the maintenance of an embryo outside the female body after the fourteenth day of its development following fertilization), the scope of Section 10 of the AHR Act (and its supporting Safety Regulations) is limited to reducing the risk of disease transmission arising from the use of donor sperm and ova in assisted reproduction. In other words, the safety of donor embryos is out of scope of the AHR Act and its Safety Regulations.

16. The importation of reproductive material for AHR should be facilitated as expediently as possible given the temperature-sensitive nature of these products. For information regarding the importation of donor sperm and ova, please refer to Appendix B. For more information regarding the importation of human cells, organs or tissues for research, contact:

Importation and Biosafety Programs
Office of Laboratory Security
Center for Emergency Preparedness and Response
Public Health Agency of Canada
100 Colonnade Road
Ottawa ON K1A 0K9
Fax: 613-941-0596

Exportation of Human Remains and Other Human Tissues From Canada

17. In order to export a cadaver, body part or other human remains where the deceased had a communicable disease, the exporter must obtain permission from the Director General, Centre for Border Litigation and Regulatory Affairs at:

Director General, Centre for Border Litigation and Regulatory Affairs
Public Health Agency of Canada
100 Colonnade Rd.
1124 Ottawa, ON K1A 0K9

E-mail: ra.exemption-ar@phac-aspc.gc.ca

 

Appendix A: Schedule of Communicable Diseases of Concern – Quarantine Act

(Section 2, subsections 15(2) and 34(2) and sections 45 and 63)

Please note: At the time of publication this list was accurate; however as this list can be changed from time to time, please consult the schedule at the end of the Quarantine Act.

Appendix B: Contact details

Health Canada Product Specific Contact Information

General questions regarding the importation of human cells, tissues, or organs for transplantation, or reproductive materials for assisted human reproduction:

Email: healthproduct-import-produitsante@hc-sc.gc.ca

Phone: Toll free (Canada & US): 1-833-622-0414; International Calls: 204-594-8061

Public Health Agency of Canada

For more information regarding the importation of human remains and other human tissues into Canada not intended for transplantation or assisted human reproduction, contact:

Quarantine and Border Health Services – Headquarters
Centre for Border and Travel Health
Public Health Agency of Canada
100 Colonnade Rd.
Ottawa, ON K1A 0K9
Email: quarantine-quarantaine@phac-aspc.gc.ca

Contact us

Questions concerning the administration of these procedures from a CBSA perspective should be directed to the CBSA Border Information Service (BIS) online, or call BIS toll-free in Canada at 1-800-461-9999. If you are calling from outside Canada, you can access BIS by calling 204-983-3500 or 506-636-5064 (long-distance charges will apply). BIS agents are available, during regular business hours from Monday to Friday (except holidays), 8:00 to 16:00 local time. TTY is also available within Canada: 1-866-335-3237.

References

Applicable legislation

Related memoranda D

Memorandum D8-3-11: Tariff Item No. 9832.00.00 Coffins or Caskets – provides more Information regarding the importation of a casket or coffin containing human remains or the temporary importation a casket or coffin

Superseded memoranda D

Memorandum D19-9-3: Importation and exportation of human remains and other human tissues, dated

Issuing office

Other Government Department Policy Unit
Commercial Analysis, Research and Engagement & Trusted Trader Programs
Commercial Programs Directorate
Commercial and Trade Program Branch

Footnotes

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