Skip to main content

Clarification for MAiD Practitioners: Valid Requests for MAiD and 10 Clear Days


Nov 20, 2019

​B.C. Ministry of Health MAiD Oversight Unit would like to remind practitioners of the 10 clear days requirement for medical assistance in dying (MAiD) requests.

The Criminal Code specifies that before a MAiD practitioner provides medical assistance in dying, they must ensure there are at least 10 clear days between the day on which the request was signed, either by the patient or their proxy (day 0) and the day on which medical assistance in dying is provided (day 11 or later).

Clarifying the language

The patient request that triggers the 10 clear days reflection period must be a valid request under the law. This means the request must be:

  • Made after the person was informed they have grievous and irremediable medical condition;
  • made in writing; and
  • signed and dated by the person or their proxy, in the presence of two independent witnesses who also signed and dated the request.

The witnesses and the proxy, if needed, must meet the conditions outlined in the Criminal Code in order to support the patient's request. If the patient's request does not meet the above conditions, it is not valid under the law and cannot be considered the start of the 10 clear days reflection period.

If both MAiD practitioners are of the opinion that the patient's death or loss of capacity to provide informed consent is imminent, and feel they must provide MAiD in less than 10 clear days after the valid request has been received, they can expedite the process.

Questions?

Please contact the B.C. Ministry of Health's MAiD Oversight Unit at 1-236-478-1915.

You can also visit the BCCNP MAiD resource centre.