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Ottawa tables bill to let Canadians request assisted dying in advance — and drops the mental-illness expansion

Bill C-41 would let adults diagnosed with an incurable illness that will take away their decision-making capacity consent to medical assistance in dying in advance, while the government says it will not proceed with eligibility based solely on mental illness.

Published: October 27, 2026 · Updated: October 27, 2026 · 2 min read

Ottawa tables bill to let Canadians request assisted dying in advance — and drops the mental-illness expansion
Illustration generated with AI for Serious Pick Illustration generated with AI for Serious Pick

What the bill would change

The federal government introduced the MAID Safeguards Act, Bill C-41, on Tuesday, Oct. 27, the Department of Justice said. The bill would let adults consent in advance to medical assistance in dying (MAID) after being diagnosed with an incurable illness expected to take away their ability to make that decision.

Under the proposal, a person would give informed consent while they can still decide for themselves, so their wishes could be respected later, even after they lose that ability, according to the department. Its example: an adult diagnosed with Alzheimer's could specify in advance the circumstances in which they would want MAID later in their illness.

An advance request is not automatic

Making an advance request would not mean MAID is provided immediately or automatically later, the department said. All eligibility requirements would still have to be met, and new safeguards would have to be followed.

Crucially, the person would have to be experiencing intolerable suffering at the time MAID is provided, even if every condition in their advance request had been met, according to the department. The request could also be withdrawn at any time.

Provinces and territories, which regulate and deliver health care, would decide whether to make advance requests available in their jurisdictions, the department said, and Ottawa said it will keep working with them on implementation.

Mental-illness expansion will not proceed

The same bill ends the scheduled expansion of MAID to people on the basis of a mental illness alone. Serious concerns remain about whether those cases can be assessed safely and consistently, the department said.

A multi-party parliamentary committee studied the issue, heard from experts and stakeholders, and recommended the government not move ahead with the expansion, according to the department. A June 2026 report from the Special Joint Committee on MAID made the same recommendation.

Justice Minister Sean Fraser, who introduced the bill alongside Health Minister Marjorie Michel, said the legislation would protect people and keep the decision voluntary and free from external pressure.

What happens next

The bill must pass Parliament before it becomes law, and parliamentary committees can hear testimony and consider amendments along the way. Ministers Fraser and Michel are scheduled to hold a media availability on the bill in Ottawa at 1 p.m. ET on Tuesday.

A national conversation on advance requests, launched in November 2024, found 67% to 69% of Canadians support advance requests for people diagnosed with a serious or incurable condition that will lead to a loss of decision-making capacity, according to the department's published findings.

Sources

Ottawahealth careParliamentMAIDmedical assistance in dyingSean Fraser

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