Legislation, policies, and regulations
Access to abortion for minors
Under the Consent to Treatment and Health Care Directives Act, every person, including minors, is presumed to be capable of giving or refusing consent to medical treatment and making a health care directive unless the contrary is demonstrated. A person is capable if they are, in their health care practitioner’s opinion, able to understand the information that is relevant to making a decision concerning the treatment, understand that the information applies to their particular situation, understand that the patient has the right to make a decision; and appreciate the reasonably foreseeable consequences of a decision or lack of a decision.1
Bubble zone legislation
Bubble zone legislation aims to prevent anti-abortion protestors from harassing people within the vicinity of a facility that provides abortion care. Even though criminalizing individual people will not effectively curb the larger anti-abortion movement, these laws can be effective in deterring anti-choice protestors from harassing providers and patients entering and exiting abortion clinics.
The College of Physicians and Surgeons of Prince Edward Island approved a new Conscientious Objection to Provision of Service Policy on March 26, 2024. The policy requires that objecting physicians provide a “timely effective referral” to a “non-objecting, available, and accessible physician, health-care professional, or agency.”
Physicians are required to provide patients with accurate, complete, and unbiased information about all available and appropriate options to meet their clinical needs or concerns, maintain an effective referral plan for frequently requested services they refuse to provide, and provide care in an emergency situation “where necessary to prevent imminent harm.”
Belief-based care denial
Although abortion is an essential medical service, physicians and nurse practitioners can refuse to provide abortion care due to their personal beliefs under current legislation and policies set by regulatory bodies. This practice is often referred to as “conscientious objection,” although a more accurate term may be “belief-based care denial.”
Physicians
The College of Physicians and Surgeons of Prince Edward Island approved a new Conscientious Objection to Provision of Service Policy on March 26, 2024. The policy requires that objecting physicians provide a “timely effective referral” to a “non-objecting, available, and accessible physician, health-care professional, or agency.”
Physicians are required to provide patients with accurate, complete, and unbiased information about all available and appropriate options to meet their clinical needs or concerns, maintain an effective referral plan for frequently requested services they refuse to provide, and provide care in an emergency situation “where necessary to prevent imminent harm.”
Nurse practitioners
The College of Registered Nurses and Midwives of Prince Edward Island adopts the Canadian Nurses Association’s Code of Ethics for Registered Nurses, which states that in cases of belief-based care denial, nurses are obligated to notify their employers or the patient receiving care in advance so that alternative arrangements can be made.
Out-of-country medical policy
In some instances, patients may have to travel outside of the country to receive abortion care currently not available in Canada. Health PEI includes out-of-country coverage for patients referred for insured health services not available in Canada. A physician must request approval for out-of-province health services from Health PEI in order for a patient to be eligible for coverage. Sexual Health, Options & Reproductive Services (SHORS) staff can also assist with out-of-province options.
Historically, Health PEI has approved 100% of the requests SHORS has submitted on behalf of patients for out-of-province and out-of-country medical care since its inception in 2017. Coverage includes all components of medical care except for travel and accommodations, and includes care in private clinics outside of Canada.
There is no legislation related to out-of-country medical care in Prince Edward Island.
Travel support
The Maritime Bus Program provides travel assistance through Maritime Bus Company to patients with a PEI health card who need to travel to New Brunswick or Nova Scotia for medical appointments including abortion care. Those approved will have their bus ticket subsidized by 50% or 100% depending on income.
50%urban points of service |50%rural points of service*
46% urban population |54% rural population*
3 points of service per 32,690 women of reproductive age*
3unregulated pregnancy centre(s)*
3publicly listed point of service offering both medication and procedural abortion*publicly listed points of service*
3point(s) of service for medication abortion
1point(s) of service for procedural abortion
Functional gestational limit of13 weeksFunctional gestational limit of13 weeks*
Information about abortion is available on aprovincial/territorial website
Information about abortion is not available on the provincial/territorial website
