Health Canada to change sperm donor screening rules for men who have sex with men
Health Canada will change its longstanding policy restricting gay and bisexual men from donating to sperm banks in Canada, CTV News has learned.
The federal health agency has adopted a revised directive removing the ban on gay, bisexual and other men who have sex with men, effective May 8.
The policy change would remove the current donor screening criteria, allowing men who have sex with men to legally donate sperm for the first time in more than 30 years, as part of the anonymous donation process.
This update comes after CTV News first reported last year that a gay man was taking the federal government to court, challenging the constitutionality of the policy on the basis that it violates the right to equality in the Charter of Rights and Freedoms.
According to an email Health Canada sent stakeholders informing them of the upcoming amendments to the federal directive, "sperm donors will instead be asked gender-neutral, sexual behaviour-based donor screening questions," more in-line with the 2022 change made by Canadian Blood Services to its donation policy.
However, instead of entirely eradicating restrictions for gay and bisexual men, lawyer Gregory Ko – whose client, Aziz M., brought the case – cautioned that Health Canada will continue to bar donations from those who have had new or multiple partners in the last three months, based on screening questions regarding anal sex. CTV News has agreed to protect the full identity of Aziz M. out of concerns for his privacy.
Ko said while the update is an important milestone making the sperm donation system more inclusive, his client intends to maintain his challenge against the Health Canada directive, "and the continued discrimination contained in this latest revision."
"Based on our understanding of the science, there is no scientific justification for screening criteria that continues to discriminate on the basis of sexual activity and sexual orientation, since the testing and quarantine protocols already in place allow sperm banks to detect relevant infections and exclude such donations," Ko said.
"We've moved from direct discrimination to indirect discrimination – both of which are prohibited by the Charter."
Currently, Health Canada – through what's called the "Technical Requirements for Conducting the Suitability Assessment of Sperm and Ova Donors" – prohibits gay and bisexual men from donating sperm to a sperm bank for general use, unless they've been abstinent for three months or are donating to someone they know.
For example, it stops any gay man who is sexually active from donating, even if they are in a long-term monogamous relationship. This stems back decades, related to concerns over HIV transmission.
Under the "Safety of Sperm and Ova Regulation," sperm banks operating in Canada must deem these prospective donors "unsuitable," despite all donations being subject to high standards of screening, testing and a six-month quarantine before they can be used.
While the directive does not mention transgender or non-binary donors, the policy also applies to individuals who may not identify as male but would be categorized as men under the directive.
It's a blanket policy that the Toronto man bringing the lawsuit said made him feel like a "second-class citizen," as he was previously able to donate and help a lesbian couple conceive before coming out as gay. It's his position that this goes to the heart of the many barriers that exist for LGBTQ2S+ Canadians looking to have children.
In Canada, there are two streams for sperm donation. One involves sperm donations made to a sperm bank for general use, which is considered the "regular process."
The other is known as the "direct donation process" and involves sperm donations from a donor to a recipient who are known to one another. In these cases, sexually active gay and bisexual men can donate so long as the recipient signs a waiver.
The case connected to this policy change focuses on the first stream.
When CTV News first reported on the lawsuit, Health Canada and various federal ministers said they would be "exploring" a policy change, citing the progress made on blood donation rules.
The update, which also amends the screening criteria for ova donors, comes following "the consultations held in August 2023 and January 2024" with donor screening experts, LGBTQ2S+ groups, patient associations and industry, according to Health Canada.
In a statement to CTV News, agency spokesperson Mark Johnson said the federal government is "committed to make sure that sperm and ova donation policies are safe, non-discriminatory, and science-based."
"After a review of the latest scientific evidence and feedback received from recent consultations, Health Canada is updating the donor screening criteria… This change will not compromise the safety of donated sperm and ova in Canada."
Prime Minister Justin Trudeau and his government faced considerable pressure from the LGBTQ2S+ community after pledging for years to end the blood ban, and when it was lifted, he cheered the end of what he said was a "discriminatory and wrong" policy.
Arguments have been made that the federal health minister has the power to issue a directive and change these policies.
In a statement to CTV News, Health Minister Mark Holland's office cited the same review and consultations as the department, and did not directly comment on what involvement he had in the coming change or whether he thought the outgoing policy was discriminatory.
IN DEPTH
![](https://www.ctvnews.ca/polopoly_fs/1.6922467.1718138898!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
'Not the result we wanted': Trudeau responds after surprise Conservative byelection win in Liberal stronghold
Conservative candidate Don Stewart winning the closely-watched Toronto-St. Paul's federal byelection, and delivering a stunning upset to Justin Trudeau's candidate Leslie Church in the long-time Liberal riding, has sent political shockwaves through both parties.
'We will go with the majority': Liberals slammed by opposition over proposal to delay next election
The federal Liberal government learned Friday it might have to retreat on a proposal within its electoral reform legislation to delay the next vote by one week, after all opposition parties came out to say they can't support it.
Budget 2024 prioritizes housing while taxing highest earners, deficit projected at $39.8B
In an effort to level the playing field for young people, in the 2024 federal budget, the government is targeting Canada's highest earners with new taxes in order to help offset billions in new spending to enhance the country's housing supply and social supports.
'One of the greatest': Former prime minister Brian Mulroney commemorated at state funeral
Prominent Canadians, political leaders, and family members remembered former prime minister and Progressive Conservative titan Brian Mulroney as an ambitious and compassionate nation-builder at his state funeral on Saturday.
Supports for passengers, farmers, artists: 7 bills from MPs and Senators to watch in 2024
When parliamentarians return to Ottawa in a few weeks to kick off the 2024 sitting, there are a few bills from MPs and senators that will be worth keeping an eye on, from a 'gutted' proposal to offer a carbon tax break to farmers, to an initiative aimed at improving Canada's DNA data bank.
Opinion
![](https://www.ctvnews.ca/polopoly_fs/1.6850735.1713368648!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster
A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?
opinion Don Martin: The doctor Trudeau dumped has a prescription for better health care
Political columnist Don Martin sat down with former federal health minister Jane Philpott, who's on a crusade to help fix Canada's broken health care system, and who declined to take any shots at the prime minister who dumped her from caucus.
opinion Don Martin: Trudeau's seeking shelter from the housing storm he helped create
While Justin Trudeau's recent housing announcements are generally drawing praise from experts, political columnist Don Martin argues there shouldn’t be any standing ovations for a prime minister who helped caused the problem in the first place.
opinion Don Martin: Poilievre has the field to himself as he races across the country to big crowds
It came to pass on Thursday evening that the confidentially predictable failure of the Official Opposition non-confidence motion went down with 204 Liberal, BQ and NDP nays to 116 Conservative yeas. But forcing Canada into a federal election campaign was never the point.
opinion Don Martin: How a beer break may have doomed the carbon tax hike
When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6975012.1721775341!/httpImage/image.jpg_gen/derivatives/landscape_800/image.jpg)
Canadian Olympic Committee offers 'heartfelt apology' after New Zealand accuses Canada Soccer of spying
The Canadian Olympic Committee offered a 'heartfelt' apology to New Zealand Football Tuesday after the New Zealand women's club accused the Canadian women's team of spying on them during a training session.
Jasper evacuees forced into B.C. to flee fires told to make U-turn to Alberta for aid
Thousands of wildfire evacuees forced from Jasper National Park into British Columbia along smoke-choked mountain roads Monday night were directed Tuesday to make a wide U-turn and head home if they needed a place to stay.
Pennsylvania state police commissioner reveals stunning details about Trump shooting
A local law enforcement commissioner revealed during a House Homeland Security hearing on Tuesday stunning new details about the security failures that led to the near assassination of Donald Trump, raising more questions for the embattled U.S. Secret Service.
Sunday was the hottest day ever recorded on Earth, scientists say
Sunday was the hottest day ever recorded, breaking global temperatures dating back to 1940, according to preliminary data from Europe's Copernicus Climate Change Service.
Polar bear at Calgary Zoo died by drowning following 'crushing' injury
The Wilder Institute/Calgary Zoo has revealed the cause of death for polar bear Baffin last week.
Clip resurfaces of Vance criticizing Harris for being 'childless,' testing Trump's new running mate
Comments Donald Trump’s running mate JD Vance made in 2021 questioning U.S. Vice President Kamala Harris’ leadership because she did not have biological children have resurfaced, testing the young conservative senator in his early days campaigning as part of the Republicans' presidential ticket.
Premier says fine-tuning needed for alert system after miscommunicated Jasper evacuation timing
Alberta's premier says changes are needed to the province's emergency alert system after incorrect information was shared about the Jasper evacuation on Monday night.
'I had to go into hiding': Manitoba man still being harassed after charges into alleged human trafficking ring dropped
A man whose charges were stayed following an investigation into an alleged child sex trafficking ring in Portage la Prairie says his life has been ruined.
'Stars are aligning' for Bank of Canada rate cut: economists
The Bank of Canada is expected to deliver a dose of interest rate relief Wednesday when economists and market watchers predict the central bank will cut its overnight lending rate.
Local Spotlight
![](https://www.ctvnews.ca/polopoly_fs/1.6974237.1721746558!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
Ottawa Humane Society reunites Montreal family with cat missing for 8 years
A cat who fled her Montreal home nearly a decade ago has been reunited with her family after being found in Ottawa.
Waterloo, Ont. woman out thousands after car totalled in hit-and-run
A woman in Waterloo, Ont. is out thousands of dollars for a car crash she wasn’t involved in.
'It looks scary, but they're harmless': Bees removed from Winnipeg street light
A swarm of bees living in a lamppost in Winnipeg’s Sage Creek neighbourhood has found a new home for its hive.
'Powerful symbol of the progress we have made': Land being returned to Manitoba Métis Federation
Around 100 acres of Manitoba Crown Land near the Saskatchewan border is being returned to the Métis community.
Cape Breton moose hunting suspended for 3 years due to 'significant' drop in population
Nova Scotia is suspending the licensed Cape Breton moose hunt for three years due to what the province is calling a “significant drop” in the population.
Social media prank could lead to charges after teens allegedly damage homes
A well-known childhood prank known as 'nicky nicky nine doors,' or 'ding dong ditch,' has escalated into a more serious game that could lead to charges for some Surrey, B.C. teens.
Benefit concert to be held for N.B. teen badly injured in 'freak accident'
It's been more than a month since their good friend was seriously hurt in an accident and two teens from Riverview, N.B., are still having a hard time dealing with it.
Here's what happens to rejected Halifax bridge coins
Halifax bridges have collected thousands of coins from around the world.
Video shows B.C. grizzly basking in clawfoot tub
A donated clawfoot bathtub has become the preferred lounging spot for a pair of B.C. grizzly bears, who have been taking turns relaxing and reclining in it – with minimal sibling squabbling – for the past year.