(MAID) in Alberta
Medical Assistance in Dying
Learn who qualifies for medical assistance in dying, how the process works, what protections are in place, and how the law in Alberta and Canada is changing.
What Is Medical Assistance in Dying?
Medical assistance in dying (MAID) is when a physician or nurse practitioner provides medication that brings about a patient's death, at the patient's request. The patient must meet strict eligibility criteria and make the request themselves.
MAID is permitted under Canada's Criminal Code only in specific circumstances. Normally, it is a crime to intentionally cause another person's death, even with their consent. The Criminal Code creates an exemption for physicians and nurse practitioners who provide MAID to an eligible person while following every required safeguard.
MAID covers two forms of assistance:
Clinician-administered: a physician or nurse practitioner gives the medication directly, usually by IV. This is sometimes called voluntary euthanasia.
Self-administered: a physician or nurse practitioner prescribes or provides the medication, and the patient takes it themselves. This is sometimes called assisted suicide.
MAID is different from refusing or withdrawing life-sustaining treatment, such as being taken off a ventilator. A capable patient can always refuse treatment, even if death may follow, and that is not MAID.
Who Is Eligible for MAID in Alberta?
A person must meet all of the following criteria. Eligibility is always assessed individually, taking every relevant circumstance into account.
Age, Capacity and Health Coverage
The person must:
be eligible for health services funded by a government in Canada
be at least 18 years old
be capable of making their own health care decisions
A Voluntary Request
The request must be the person's own choice, made without pressure from family, friends, health care providers or anyone else.
The request can be withdrawn at any time, in any way
Informed Consent
The person must give informed consent after being told about:
their medical diagnosis
available forms of treatment
available options to relieve suffering, including palliative care
Consent must be given at the time of the request and again immediately before MAID is provided, unless special circumstances apply (see Section 6).
A Grievous and Irremediable Medical Condition
The person must have:
a serious and incurable illness, disease or disability
an advanced state of irreversible decline in capability
enduring physical or psychological suffering, caused by the condition or the decline, that is intolerable to them and cannot be relieved under conditions they consider acceptable
A person with a mental illness and other medical conditions may be eligible.
A person whose only medical condition is a mental illness is not currently eligible.
You do not need to have a fatal or terminal condition to be eligible for medical assistance in dying.
Two Tracks: Track 1 and Track 2
Everyone who receives MAID falls into one of two tracks. The tracks are similar, but Track 2 has additional safeguards.
Track 1 - Natural death is reasonably foreseeable
This means there is a sufficient closeness in time to death, or a predictable path toward it. A terminal illness is the simplest example, but it is not strictly required. No specific prognosis or amount of time left is required.
Track 2 - Natural death is not reasonably foreseeable
If Track 1 is often described as terminal illness, Track 2 can be described as chronic illness. It is for people who are not nearing death but meet every other eligibility criterion.
4%
Approximate share of people who receive MAID on Track 2
90 Days
Minimum time from first assessment to MAID on Track 2
96%
Approximate share of people who receive MAID on Track 1
Safeguard
Track 1
Track 2
Written request signed before one independent witness
Track 1: ✓ Yes
Track 2: ✓ Yes
Two independent physicians or nurse practitioners confirm eligibility
Track 1: ✓ Yes
Track 2: ✓ Yes
Told they can withdraw the request at any time, in any manner
Track 1: ✓ Yes
Track 2: ✓ Yes
Opportunity to withdraw, and consent given immediately before MAID
Track 1: ✓ Yes
Track 2: ✓ Yes
Consultation with an expert in the condition, if neither assessor has that expertise
Track 1: No
Track 2: ✓ Yes
Informed of means to relieve suffering (palliative care, counselling, mental health, disability support, community services) and offered consultations
Track 1: No
Track 2: ✓ Yes
Patient and assessors discuss those means, and the patient seriously considers them
Track 1: No
Track 2: ✓ Yes
Waiting period
Track 1: None
Track 2: 90 days from the first assessment; may be shortened if loss of capacity is imminent
How the MAID Process Works
MAID follows a set sequence of steps. Each one is a safeguard required by law.
01
Ask About MAID
A person can raise MAID with their physician or nurse practitioner, or contact Alberta Health Services' MAID Care Team or HealthLink at 811.
02
Sign a Written Request
he person signs and dates a written request for MAID in front of one independent witness, who also signs and dates it. If the person cannot write, another adult can sign for them under their clear direction. That adult must be at least 18, understand what requesting MAID means, and not benefit from the death (for example, not be an heir).
03
Two Independent Assessments
Two independent physicians or nurse practitioners must each assess the person and confirm that every eligibility criterion is met.
04
Additional Track 2 Safeguards
If natural death is not reasonably foreseeable, an expert in the condition must be consulted if neither assessor has that expertise. The person must be informed of, and seriously consider, other ways to relieve suffering. At least 90 days must pass between the first assessment and MAID, unless loss of capacity is imminent.
05
Final Consent
Immediately before MAID is provided, the person is given an opportunity to withdraw and must give express consent. The exceptions are a waiver of final consent or advance consent
06
Receiving MAID
MAID is provided by a physician or nurse practitioner of any specialty. It can take place in a hospital, a clinic or at home, unless the person lives in a facility that does not allow it. Most people choose their own home. Medication is given by mouth or by IV.
Have questions? Every situation is different. If you have questions about MAID and the law, call VanderLeek Law at (403) 457-4575
What Happens If I Lose Capacity Before MAID?
The general rule is that a person must give express consent immediately before MAID is provided. This final consent is a safeguard: it gives the person one last chance to change their mind. If capacity is lost before then, the options are limited.
Waiver of Final Consent
Available only for Track 1. All of the following must apply:
the person is eligible for MAID
they are at risk of losing capacity to consent
there is a written arrangement with the provider that MAID will be provided on or before a specified date if capacity is lost before then
the person does not show resistance or refusal when MAID is provided
Involuntary words, sounds or gestures made in response to touch are not resistance or refusal.
Advance Consent If Self-Administration Fails
Available for Track 1 and Track 2. If a person takes the medication themselves and loses capacity without dying within a set time, the provider may step in. This requires a written arrangement that the provider will be present when the person self-administers and will administer medication if self-administration fails.
Advance Requests
An advance request lets a person ask for MAID while capable, to be provided later after losing capacity. Advance requests are not permitted under the Criminal Code today. Quebec has its own provincial framework; see Quebec's advance request information.
Advance Requests: What's Changing
On October 27, 2026, the federal government introduced a bill that would allow advance requests for people diagnosed with a serious and incurable illness. It is not yet law. Each province would decide whether to offer advance requests, and Alberta's new law prohibits them.
The History of MAID in Canada
Canada's MAID law has developed through court decisions and legislation over more than 50 years, and it continues to change.
1972
Attempted suicide decriminalized
Attempted suicide is removed from the Criminal Code.
1992
Nancy B. v. Hôtel-Dieu de Québec
A Quebec court confirms a capable patient’s right to have her ventilator discontinued.
1993
Rodriguez v. British Columbia
The Supreme Court of Canada acknowledges the interest in ending one’s life, but upholds the ban on assisted suicide to protect vulnerable persons.
2015
Carter v. Canada
The Supreme Court of Canada rules unanimously that the blanket ban on physician-assisted dying is unconstitutional.
2016
Bill C-14: MAID becomes legal
Bill C-14 receives royal assent in June 2016. MAID is permitted, with safeguards, where natural death is reasonably foreseeable.
2019
Truchon v. Canada
In September 2019, a Quebec court finds the “reasonably foreseeable” requirement unconstitutional.
2021
Bill C-7: Track 2 created
On March 17, 2021, MAID is extended to people whose natural death is not reasonably foreseeable. Mental illness as the sole condition is temporarily excluded.
2023
Bill C-39
On March 9, 2023, the mental illness exclusion is extended to March 17, 2024.
2024
Exclusion extended again
Legislation introduced on February 1, 2024 extends the mental illness exclusion to March 17, 2027.
May 2026
Alberta passes its own MAID law
Alberta’s Safeguards for Last Resort Termination of Life Act receives royal assent. It takes effect when proclaimed in force.
Oct 2026
New federal bill
The federal government announces on October 7, and introduces on October 27, a bill to exclude mental illness as a sole condition indefinitely and to allow advance requests. It is not yet law.
Ongoing
Cases before the courts
Several court challenges are ongoing, including on institutional objections, mental illness as a sole condition, and Track 2 MAID.
MAID in Alberta: Provincial Context and Oversight
While MAID is governed by federal law, Alberta plays a crucial role in implementing and overseeing the process within the province. Alberta's approach reflects a commitment to ensuring robust oversight, protecting vulnerable Albertans, and maintaining the highest standards of medical and ethical practice.
Federal Framework Implementation
Alberta follows federal MAID legislation but maintains provincial oversight of healthcare delivery, ensuring that MAID services are accessible, properly regulated, and consistent with Alberta's healthcare standards and values.
Active Policy Review
The provincial government is actively reviewing MAID processes to strengthen safeguards and ensure that vulnerable Albertans are protected from coercion or inappropriate decisions. This review addresses procedural requirements, documentation, and accountability measures.
Public Engagement
Between November and December 2024, Alberta conducted extensive public engagement to gather input from citizens, healthcare providers, and stakeholders on MAID procedures, including proposals for a new oversight agency and enhanced dispute resolution mechanisms.
Why Provincial Oversight Matters
Alberta's evolving policies reflect unique provincial priorities and healthcare contexts. Understanding these nuances is essential for navigating the MAID process effectively and ensuring your rights are protected.
Frequently Asked Questions About MAID in Alberta
Understanding Medical Assistance in Dying involves addressing many common questions and concerns. Here are answers to some of the most frequently asked questions we receive from Albertans considering or learning about MAID.
Is someone with a mental illness eligible for MAID?
A person whose only medical condition is a mental illness is not currently eligible. Under current federal law, that exclusion runs to March 17, 2027. The federal bill introduced on October 27, 2026 would make the exclusion indefinite, and Alberta's new law also prohibits it. A person with a mental illness and other medical conditions may still be eligible.
Can I include MAID in my estate planning?
No one can consent to MAID on behalf of another person, even an Agent under a Personal Directive. An Agent may, however, consent to withdrawing life-sustaining treatment.
Will MAID affect the CPP death benefit or my life insurance?
MAID does not affect the CPP death benefit. It does not affect life insurance when the requirements of the legislation are followed.
Should I update my Goals of Care Designation?
Yes. Alberta Health Services recommends updating your Goals of Care Designation whenever your health changes or your wishes about care, location of care or transfers change.
Does my family have to be told?
No. There is no legal requirement to tell family members that a person has requested or received MAID. Like all personal health information, these decisions are protected by privacy law and shared only with the person's consent. People are strongly encouraged to talk with family and loved ones, but family members have no legal right to be informed or to intervene.
Can a family member stop MAID through the courts?
Family members have sometimes asked a court for an interim injunction: an order stopping a patient from receiving MAID. Courts have considered whether these matters belong in court at all, whether MAID is a public or private matter, and what happens when a patient lacks capacity or has a mental illness.
In WV v MV, 2024 ABKB 174, a father obtained an interim injunction stopping his adult daughter's MAID. She had been approved by two doctors. The Court of King's Bench set the injunction aside. It found that her dignity and right to make her own decisions outweighed her father's concerns, including the harm of losing his daughter.
What if my physician or nurse practitioner objects to MAID?
No practitioner is required to provide or assist with MAID. Under their professional practice standards, they must refer the patient and effectively transfer their care.
What are the ethical considerations?
MAID raises several ethical principles that can pull in different directions:
• Respect for human dignity
• Respect for patient autonomy
• Fairness
• Benefit to the patient
• Minimizing harm and suffering
• Protection of vulnerable persons
• The preciousness of human life
• Limits to human authority over another person
Resources and Questions
Alberta Health Services offers support for anyone exploring MAID or other end-of-life options.
MAID Navigators
AHS has MAID navigators in each zone.
Email [email protected] or call HealthLink at 811.
End-of-Life Options
For questions about palliative care and other end-of-life options, email [email protected].
Ethics Questions
For information about the ethical dimensions of MAID, email [email protected].
Have questions about MAID and the law? Call VanderLeek Law at (403) 457-4575.
The information on this page is general and is not legal or medical advice.
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