For years, Canada has had a date on the calendar for a major change to its law on medical assistance in dying, known as MAID. On October 7, 2026, the federal government took that date off the table, at least in principle. It said it will introduce legislation this fall to keep people whose only medical condition is a mental illness excluded from MAID indefinitely, which puts the scheduled MAID expansion on indefinite hold.
The bottom line
Justice Minister Sean Fraser announced that Ottawa will table a bill this fall to indefinitely exclude people whose sole underlying condition is mental illness from MAID, a change that was set to take effect on March 17, 2027. The same bill will also allow advance requests for people diagnosed with an illness that will later take away their capacity to consent, with provinces deciding whether to offer them. Nothing about who qualifies today has changed.
Key takeaways
MAID has been legal in Canada since 2016, and eligibility was broadened in 2021.
Eligibility for people whose only condition is a mental illness was scheduled to begin on March 17, 2027, after earlier delays.
A special joint committee of MPs and senators recommended in June 2026 that the exclusion be made indefinite.
The coming bill will also decriminalize advance requests, and each province will decide whether to provide them.
MPs defeated a separate Conservative private member's bill on the same issue by a vote of 187 to 141.
Anyone who is struggling can call or text 9-8-8 at any hour, for free.
What does the announcement change about MAID eligibility?
Justice Minister and Attorney General Sean Fraser announced on Wednesday, October 7, that the federal government will indefinitely exclude people whose sole underlying condition is mental illness from accessing medical assistance in dying. Under the current Criminal Code, that change in MAID eligibility was scheduled to take effect on March 17, 2027, after being postponed in 2023 and again in 2024.
Fraser said the Liberals will table legislation this fall to remove the scheduled change, acknowledging there is no perfect consensus on the issue while saying the government believes this is the correct approach for now. No date has been set for the bill, which is still being drafted. For anyone currently going through a MAID assessment, nothing about today's rules changes.
A decade of decisions on MAID eligibility, from legalization in 2016 to this fall's bill.
Why did the special joint committee recommend a pause?
Fraser said the decision reflects the direction of a special joint committee of MPs and senators that studied the question and tabled its report in June, recommending that people whose sole underlying condition is a mental illness be excluded indefinitely. He pointed to concerns about people living in communities with inadequate access to mental health services, and to a lack of consensus over when a mental illness can be considered irremediable, meaning it cannot be improved.
That access concern will sound familiar to anyone who has waited weeks for a psychiatrist or for community mental health care. MAID has been legal in Canada since 2016, and since the 2021 changes, extending it to mental illness as a sole condition has been among the most debated parts of the framework.
How would advance requests for MAID work?
The announcement included a second significant piece. The forthcoming bill will decriminalize advance requests for MAID, allowing people diagnosed with a serious illness that will eventually take away their decision-making capacity to give consent while they still have it. Each province will decide whether to provide them, so the picture will vary across the country.
As The Canadian Press reported, Quebec already allows advance requests for people with serious and incurable illnesses such as Alzheimer's disease, while Alberta passed a law in March 2026 that rules them out. For families living with a diagnosis that affects memory and thinking, this may become one of the most important parts of the bill, and our earlier explainer on advance requests for MAID remains a useful starting point.
How are advocates reacting to the MAID decision?
Reaction split along the lines this file has always had. Inclusion Canada, which advocates for people with intellectual disabilities and their families, welcomed the MAID decision, with president Moira Wilson thanking the minister for listening to the evidence on mental illness. Dying With Dignity Canada argues that excluding people whose only condition is a mental illness violates their Charter rights, and it is backing a court challenge to the exclusion in Ontario.
Later the same day, MPs voted on a private member's bill from Conservative MP Tamara Jansen that would have written into the Criminal Code that a mental disorder is not a grievous and irremediable medical condition for MAID purposes. Fraser thanked Jansen for the bill while saying the Liberals had technical challenges with it, and it was defeated 187 to 141. The government says it will address the issue through its own legislation instead.
How can families plan ahead through advance care planning?
The details that matter most will only become clear once the bill is tabled and debated. In the meantime, advance care planning, which means thinking through and writing down your wishes for future care, is open to everyone and useful whatever the law becomes.
Start the conversation early. Talk with the people closest to you about what matters most to you if you become seriously ill.
Name a substitute decision-maker. This is the person who can speak for you if you are unable to, and each province has its own rules for appointing one.
Write down your wishes. Many provinces offer advance care planning guides and forms, and your family doctor can help you work through them.
Check your province's rules. Rules on care directives, and on advance requests once the law changes, differ across Canada.
Ask for support when it feels heavy. Serious illness and caregiving can wear anyone down, and unpaid caregivers in Canada carry a real and often invisible cost, so ask for help before you need it.
Where can people find mental health support in Canada right now?
For people living with mental illness and their families, the practical situation stays as it is. Treatment, crisis support, and community services remain the system's answer, and the committee's own reasoning highlighted that access to those services is uneven across the country. If you are struggling, mental health support in Canada starts with a call or text to 9-8-8, the Suicide Crisis Helpline, which is free and open at any hour. A family doctor or walk-in clinic can also help you find counselling and ongoing care.
What happens next in Parliament?
The government has said the bill is being drafted and has not set a date for tabling it, though Fraser said Ottawa wants to move as quickly as possible. Until Parliament passes new legislation, the March 17, 2027 date remains in the Criminal Code, so the timing of the bill matters for the MAID expansion. Once it is tabled, the details on advance requests, including how they will work alongside provincial rules, will finally be on paper.
Frequently asked questions
Is the MAID expansion still happening in March 2027?
The federal government says it will introduce legislation this fall to stop the MAID expansion for people whose only condition is a mental illness, which was set for March 17, 2027. Until that bill passes, the date technically remains in the Criminal Code. The government has not yet announced when the bill will be tabled.
Who can qualify for MAID in Canada today?
Today, adults with a serious and incurable illness, disease, or disability who are in an advanced state of irreversible decline and enduring intolerable suffering may be eligible, subject to safeguards and assessments by two independent clinicians. People whose only condition is a mental illness are currently ineligible. Some assessment details vary by province.
Are advance requests for MAID allowed in Canada?
Quebec already allows advance requests under its provincial law, while the federal Criminal Code has yet to permit them nationwide. Ottawa's coming bill will decriminalize advance requests, and each province will decide whether to provide them. Alberta has already passed a law that rules them out, so access will likely differ across the country.
Where can I get help if I am struggling right now?
If you are thinking about suicide or are worried about someone, call or text 9-8-8 at any hour to reach the Suicide Crisis Helpline, which is free across Canada. If someone is in immediate danger, call 911. For ongoing support, a family doctor, walk-in clinic, or community mental health service can connect you with care.
Your next step
Serious illness, caregiving, and conversations like these are heavy to carry, and nobody should have to navigate them alone. The Medimap Health Hub covers more on care planning and support, and when you or someone you love needs someone to talk to, Medimap can help you find mental health services near you.
Disclaimer: This article is for general information only and is not medical advice. It does not replace a conversation with a doctor or other qualified health professional who knows your history. If you think you are having a medical emergency, call 911 or go to the nearest emergency department.
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