The AHRA prohibits the following activities (punishable by up to a $500,000 fine and/or 10 years in prison) 

i. Purchasing a sperm or ovum from a donor or from anyone on the donor’s behalf- Section 7(1) 
ii. Purchase or sale of embryos, or other reproductive material – Section 7 
iii. Obtaining sperm or ovum from a donor under 18 years of age – Section 9 
iv. Paying consideration to a surrogate – Section 6 
v. To pay or receive consideration to arrange for the services of a surrogate mother, offer or advertise payment — Sections 6 (2) and (3) 
vi. Reimbursing a donor or a surrogate for expenditures incurred in course of donating and surrogacy respectively unless a receipt is provided – Section 12 
vii. Reimbursing a surrogate for loss of work-related income during the pregnancy unless a qualified medical practitioner certifies in writing that continuing to work may pose a risk to her health or to that of the embryo or fetus – Section 12 
Reimbursement of expenditures to donors and surrogates is permitted; however, it must be in accordance with the Regulations – Section 12. 

12. (1) No person shall, except in accordance with the regulations, a) reimburse a donor for an expenditure incurred in the course of donating sperm or an ovum; b) reimburse any person for an expenditure incurred in the maintenance or transport of an in vitro embryo; or c) reimburse a surrogate mother for an expenditure incurred by her in relation to her surrogacy. 
(2) No person shall reimburse an expenditure referred to in subsection (1) unless a receipt is provided to that person for the expenditure. 
(3) No person shall reimburse a surrogate mother for a loss of work-related income incurred during her pregnancy, unless a) a qualified medical practitioner certifies, in writing, that continuing to work may pose a risk to her health or that of the embryo or fetus; and b) the reimbursement is made in accordance with the regulations 

A. Surrogate mother may be reimbursed for out-of-pocket expenses directly related to her pregnancy (i.e., maternity clothes, medications). Reimbursement of a particular expense normally occurs after the surrogate has provided receipts for expenses to the person making the reimbursement. The reimbursement must not provide the surrogate mother with financial gain. 

Payment of “anticipated expenses” or an “unexplained allowance” would be seen as violating the prohibition in the AHR Act. Whether or not a particular cost is directly related to the surrogacy depends on the circumstance(s) of each surrogacy arrangement. 

Regulations are not exhaustive, and to date, there is no associated caselaw, accordingly, reimbursements considered acceptable differs from lawyer to lawyer.

Some acceptable expenses are as follows:
 
• Maternity clothing 
• Prenatal vitamins 
• Travel to and from clinics, etc. 
• Childcare
• Net loss wages as a result of doctor ordered bed rest 
• Counselling (social worker) 
• Legal fees for each of the surrogate and the intended parents 
• Life and disability insurance