Medical Assistance in Dying Safeguards Act

Bill C-41, Medical Assistance in Dying Safeguards Act · Second reading · now at second reading in the House Where it stands

What Bill C-41 would do

The bill would permit doctors and nurse practitioners to provide medical assistance in dying to people who have lost the capacity to consent, if they made an advance request while still able to do so. To qualify, the person must have been diagnosed with a serious and incurable condition expected to cause that loss of capacity, and their province must have a system to store and track those requests. The bill would also permanently exclude people from receiving assisted dying solely on the basis of a mental illness.

Official text (opens in a new tab)

40 statements

Jacques Ramsay, Parliamentary Secretary to the Minister of Public Safety

Liberal
“I support this bill because it lets people make advance requests for medical assistance in dying. More people are living longer and will suffer from dementia. It is respectful to let them decide ahead of time how much suffering they are willing to endure.”
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Official Hansard

Mr. Speaker, I appreciate the question from my colleague from Brome—Missisquoi, who takes a great interest in this issue. I would say that we are taking a very important step forward with Bill C‑41, particularly in authorizing advance requests. We know that demographic realities compel us to act. More and more people are living longer and, unfortunately, will be incapacitated and experience dementia. It is a matter of respect, I believe, to think about these people today, to plan ahead and to give them the opportunity to decide in advance the level of suffering they are willing to endure before receiving MAID.

Elizabeth May, Saanich—Gulf Islands

Green
“I support this bill. It finally lets people ask for medical assistance in dying in advance, before a terminal illness takes away their ability to choose. When will we deal with the rules for mental illness?”
Official Hansard

Mr. Speaker, I want to say that I am truly happy, but it is hard to be happy given the subject of a bill like this. I support this bill, and I want to thank the government for finally allowing advance requests. I hear it from my constituents all the time, and other Canadians, when somebody has been diagnosed with a terminal illness and they know their capacity to ask for this will come to an end soon. I am very relieved, but I do think we will have to return to the question of mental health issues and medical assistance in dying. Does the hon. member know when we might be returning to that subject once Bill C-41 is passed?

Jacques Ramsay, Parliamentary Secretary to the Minister of Public Safety

Liberal
“I want us to pass this bill now. It leaves out some issues, like allowing medically assisted dying for mental illness alone. We can look at those issues in a future bill once more Canadians are ready for them.”
Official Hansard

Mr. Speaker, I am pleased to see that all parliamentarians support this bill in some way. As I said, Bill C-41 does close the door on some things, but we can always revisit those issues later in another bill. I think that we are better off waiting until we have more support from society at large rather than trying to force a bill down Canadians’ throats when they still have so many concerns. I think that we will have to take that step one day. I hope it will be sooner rather than later. That is my humble opinion.

Stéphane Lauzon, Argenteuil—Papineau—Des Collines

Liberal
“I want the House to pass this bill and send it to committee. It lets people diagnosed with diseases like dementia ask for medically assisted dying in advance, before they lose the ability to consent. Most Canadians support this change. It gives people control over their end-of-life care while letting provinces set the rules for how it is safely handled.”
Official Hansard

Mr. Speaker, first and foremost, I would like to thank my colleague from La Prairie—Atateken for his excellent speech and his commitment to this issue. Since arriving here, he has immersed himself in the issue of medical assistance in dying. Today, we are seeing positive results. Parliament established the Canadian framework for medical assistance in dying in 2016. I was here at the time. Since then, Canadians have been engaged in an ongoing, compassionate dialogue on this issue. It is something I have discussed around the kitchen table with my family. Since 2016, it has been a topic that comes up regularly. While this issue can divide families around the dinner table, it can also divide members of this House. It is not an easy issue. Nevertheless, it is one that deserves serious consideration. I am proud to support my government’s approach. Today, I will focus primarily on how we can recognize and place appropriate limits on certain actions related to decisions about medical assistance in dying. I recall that we recognized at the time that there were some very complex issues that would need to be examined further. That is exactly what Parliament did. One of those sensitive issues was the possibility of allowing MAID based on an advance request. The court ruling has brought the issue of MAID before us once again. As my colleague made clear at the end of his last response, there is more work to be done. We can start drafting the legislation and refine it over time. There is no unanimous consensus on mental illness at the moment. It is important to note that advance requests for MAID are not currently permitted under the Criminal Code, because a person must be capable of providing consent immediately prior to the administration of MAID. Quebec has served as a model for us. Contrary to what the Bloc Québécois sometimes says, specifically that we are using this bill as a bulldozer, we are actually working together to move the bill forward. The Bloc Québécois should be proud to tell us that Quebec is a model. It is a model for us, a model for Canada, a model for drafting Canada’s medical assistance in dying legislation. We recognize that people with dementia can live for many years with this disease and that, depending on how the disease progresses, they can continue to enjoy a good quality of life and participate in meaningful activities. For some people, it is especially important to maintain their autonomy when it comes to decisions about their future health care. The decision is made now. When someone is diagnosed with Alzheimer’s or dementia, they are fully aware of the decisions they are making. Today, thanks to technology, the disease can be detected more quickly. Patients can find out what lies ahead. They can understand how their condition will deteriorate and how fast it will happen. People are thinking about the care they wish to receive at the end of their lives. Decisions about the future are made now. This may include the option to choose medical assistance in dying, even in circumstances where the person would have lost the capacity to consent by the time they become eligible to receive MAID. That is the major change introduced by the bill. I believe that Bill C-41 will allow people diagnosed with a condition that will result in a loss of capacity to submit an advance request for MAID. The eligibility criteria and safeguards must be established in the Criminal Code. This has to be clear at the national level. As my colleague so aptly put it, this is an incredibly important step to take before referring the bill to committee. A great deal will happen in committee. Thousands of witnesses have given evidence since 2016, when the entire legislative framework was overhauled, and now the committee will hear more. It is important to recognize that the provinces and territories are responsible for delivering health care services. The bill will also require provinces and territories that choose to allow advance requests to enact legislation setting out how this would work in practice. My colleague was clear on this point. In his response to the Bloc Québécois, he made it clear that governments will have to adapt to the bill. We are establishing a national framework. Nothing in this world is perfect, but this bill provides an excellent foundation for adapting MAID legislation across the provinces and territories. This approach reflects the division of responsibilities and respect for jurisdictional boundaries. Responsibility is shared across Canada. The federal government establishes the criminal law framework, while the provinces and territories are responsible for the delivery of health care. In the case of requests for MAID, the federal legal framework proposes to create eligibility criteria and safeguards that practitioners must adhere to. The provincial and territorial laws would specify how MAID based on an advance request could be safely administered, by establishing the terms governing how requests are stored and accessed by health care professionals. In addition, these laws would have to establish specific rules governing the submission, modification and possible withdrawal of advance requests by individuals who change their mind. That aspect has been made clear; it was mentioned by the minister in his opening speech. I think he placed a lot of emphasis on the fact that people have the right to reconsider at any time. This approach is rooted in years of parliamentary studies and public dialogue on this issue. We have been talking about MAID for several years now. In its 2023 report, the Special Joint Committee on Medical Assistance in Dying recommended that the Government of Canada amend the Criminal Code to allow for advance requests for MAID following a diagnosis of a serious and incurable medical condition leading to incapacity. Then came all the definitions, the testimony, the public consultations and the digital consultations. Thousands of consultations were held. From November 2024 to February 2025, the government launched a national conversation on advance requests, during which thousands of people from across the country made their voices heard through an online public survey, public opinion polls and virtual round table discussions. Nearly 46,000 Canadians completed the online survey, and 69% said they supported advance requests for people diagnosed with a serious and incurable condition resulting in a loss of decision-making capacity. More recent surveys show even greater support for advance requests. For example, a 2025 survey found that 84% of Canadians support the right of people in this situation to make an advance request. During the national conversation, participants pointed out the importance of being able to make decisions about their future health needs and maintaining control over their final moments. At the round tables, we heard testimony from people who had gone through such experiences and from family caregivers. They described the difficult choices that sometimes have to be made when a person might lose the ability to consent to MAID as their illness progresses. For those with conditions like dementia, this can create an impossible choice: receive MAID sooner than they would like, while they are still able to provide consent, or wait and risk losing that option. Although participants expressed strong support for advance requests in principle, they also emphasized the need to ensure that this is implemented safely. Health care professionals pointed out the challenges associated with assessing suffering when a person has lost their decision-making capacity. They also explained how difficult it is to determine eligibility for MAID when the conditions described in the advance request do not exactly match the person’s current situation. In closing, this is an extremely sensitive issue, and I am sure that the committee will do its job and come back to the House with a sound decision.

Luc Berthold, Mégantic—L'Érable—Lotbinière

Conservative
“Quebec already passed a law allowing people to ask for medically assisted dying in advance. Almost 3,000 people are waiting, but federal law still stops it. I want to know if the government made sure this bill works with Quebec's law, or if it plans to change the bill.”
Official Hansard

Mr. Speaker, I will ask the same question I asked my colleague earlier because it is very important. Quebec has already passed its own legislation on advance requests. There is apparently a backlog of nearly 3,000 advance requests in Quebec right now, but not one has been carried out because the Criminal Code still prohibits advance requests. Has the government ensured that Quebec’s existing law is consistent with Bill C-41, so that we do not have to debate this again at a later date, or does the government intend to introduce amendments to Bill C‑41 in committee instead?

Stéphane Lauzon, Argenteuil—Papineau—Des Collines

Liberal
“Quebec has set a good example on advance requests for medically assisted dying. I want the House to pass this bill with a strong majority. It sets a national framework that provinces and territories can adapt for themselves.”
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Official Hansard

Mr. Speaker, Quebec has been a model, an example to follow, when it comes to advance requests for MAID. Evidently, the framework we have presented, which I hope will be passed by a strong majority in the House, is a national, general framework. The provinces and territories will need to adapt it as they see fit. We commend Quebec on the work it has done so far, and we are ready to work together to lay a solid foundation with all the provinces and territories.

Alexis Deschênes, Gaspésie—Les Îles-de-la-Madeleine—Listuguj

Bloc Québécois
“Quebec passed its own law on advance requests for medical assistance in dying in 2023. The federal government is holding us back because we have to wait for changes to the Criminal Code. I want the member to explain the national rules in this bill. I want to make sure the federal government does not interfere with Quebec's power to make its own decisions.”
Official Hansard

Mr. Speaker, I thank my colleague for his contribution. I want to reassure him that we in the Bloc Québécois are absolutely proud of Quebec. Our problem is that we sometimes find that Canada is slowing down our progress, and that is the case with advance requests for medical assistance in dying. Quebec adopted legislation on this in 2023, but now we have to wait for a bill to amend the Criminal Code before we can move forward. We are indeed proud, but we would just like the federal government to stop holding us back. Can my colleague elaborate on the common core, the national framework, in the context of advance requests in Bill C-41? We want to ensure that there is no encroachment and that Quebec is allowed to govern itself as it sees fit within its areas of jurisdiction.

Stéphane Lauzon, Argenteuil—Papineau—Des Collines

Liberal
“The Bloc Québécois is contradicting itself. They say we are moving too fast, but they also say we are not moving fast enough for Quebec. We want to work with Quebec to get this bill right, so the 3,000 pending requests are respected.”
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Official Hansard

Mr. Speaker, my colleague from the Bloc Québécois is talking out of both sides of his mouth. What we have heard in the Bloc Québécois’s speeches is that we want to move too fast, that we want to bulldoze our way through this. In reality, we want to get this right, but the Bloc members are also telling us that we are not moving fast enough to pass bills that uphold Quebec’s rights. They are contradicting themselves. We are advocating for collaboration. That means working with the Province of Quebec to ensure that the 3,000 pending requests are respected.

Louis Villeneuve, Brome—Missisquoi

Liberal
“Our government is proud of Quebec and has 44 members from there. I want to know how our bill will reassure families who have to say their loved one can no longer make decisions for themselves.”
Official Hansard

Mr. Speaker, I would like to reassure the Bloc Québécois member. We on the government side are very proud of Quebec, and we are especially proud because we have 44 members from Quebec. I would like to ask my colleague a question. How will our bill provide certainty and reassurance to the loved ones of people with these illnesses, the very individuals who will have to stand up and declare that their loved one is no longer able to make decisions for themselves?

Stéphane Lauzon, Argenteuil—Papineau—Des Collines

Liberal

Linked statement

“I support this bill. It protects vulnerable people and lets them decide on medical assistance in dying while they are still able to, even if they later get dementia. It also helps families and doctors prepare to carry out that choice when the time comes.”
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Official Hansard

Mr. Speaker, that is an excellent question. That is precisely what Bill C-41 aims to do: protect vulnerable individuals and uphold their right to make decisions while they are still capable of doing so, even if they may later be affected by Alzheimer’s disease or dementia. It also helps to raise awareness among family members and physicians. They must be prepared to make the decision when the time comes to provide MAID. That is precisely what Bill C-41 sets out today.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“I want to know what the member thinks about including hospice and palliative care in our debate on this bill.”
Official Hansard

Mr. Speaker, I wonder if the member could provide his thoughts on the debate that will take place on this legislation and how part of that debate should include things such as hospice and palliative care. I would ask for his thoughts on those important issues.

Stéphane Lauzon, Argenteuil—Papineau—Des Collines

Liberal
“In our 46,000 public meetings, people talked about mental health care over and over. The health minister told us people want better mental health services, and that should be part of this debate on medically assisted dying.”
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Official Hansard

Mr. Speaker, over the course of the 46,000 consultations, including public consultations and round tables, other health-related topics came up over and over, including mental illness and mental health care. The health minister clearly told us that one of the things people are calling for is to expand mental health services in order to meet all of society’s needs, which includes medical assistance in dying.

Michael Barrett, Leeds—Grenville—Thousand Islands—Rideau Lakes

Conservative
“I support this bill going to committee so we can add stronger rules. I am glad the bill stops people from getting medical assistance in dying only for mental illness. People with mental illness need care instead. We must also protect our veterans. Some veterans asking for help were offered assisted dying instead of medical treatment. We need strong oversight and legal penalties for any government worker who offers assisted dying to a veteran asking for care.”
Official Hansard

Mr. Speaker, I will be sharing my time this afternoon. Bill C-41 is a profound and deeply personal issue, I think, to everyone who will consider it, and everyone who has intervened on it today approaches it from different life experiences, different backgrounds and different beliefs. Today, I am approaching this from my perspective as a Roman Catholic. I am guided by my faith and my belief in the inherent dignity and value of human life from conception to natural death. The dignity that every person has is not diminished by suffering or by illness. Their dignity is not diminished by disability or by their dependence on others. It is through that understanding of dignity that I approach this, and my concern for the compassion and care of others. I recognize that the serious suffering, which is probably unimaginable to any of us, that leads some people to consider MAID is at the heart of why this issue was ever brought to the attention of legislators. Those who support MAID may do so out of compassion and respect for the individual autonomy of those who are suffering. Certainly, suffering is not something we should seek, celebrate or ignore. I think we have a responsibility to relieve suffering where we can, but suffering, again, does not diminish the dignity of a person who is experiencing it, and it does not make their life any less valuable. In this legislation, the provision of MAID for mental illness as the sole underlying medical condition has been excluded. With the difficulty in determining the irremediability of a psychological condition, that is a positive change. I am certainly supportive of that exclusion being included in this legislation. We need to make sure that there is access to treatment for people who are suffering with mental illness. We also need to make sure they have timely access to treatment. In recent years, we have heard about veterans who have approached Veterans Affairs Canada for care in response to injuries and illnesses related to their service to Canada. It is so difficult to imagine that the testimony concerning this that Canadians heard at the Standing Committee on Veterans Affairs described things that could have happened here. Veterans, in multiple cases, who were seeking that care were offered MAID instead of receiving treatment, a benefit they are entitled to by virtue of their service to Canada, which they offered with unlimited liability. That is a specific phrase, the “unlimited liability” that our veterans serve our country with. It means they can be put in harm’s way, leading to their death, in service to Canada. When they leave the service, what is our liability to them? Certainly, we owe them the care for conditions arising from their service. Has Canada done a great job in taking care of our veterans? No, it has not. Is that problem unique to any period of time? No, it is not, but it is incumbent on us now to do better, to get it right and to take care of our veterans, who served us with unlimited liability. The testimony we heard at committee was, of course, that some of these veterans were offered MAID, not care, but death. That is hard to imagine. We will hear in some of the speeches from some of my colleagues that there are not sufficient safeguards for Canadians, for people who are suffering, for people who are considering their condition in the future and considering an advance directive. There are not sufficient safeguards. What I want to raise for the government’s and the minister’s consideration is what protections there are for veterans approaching the government for care for those service-related injuries and illnesses. They should never be encouraged to end their lives. There is, I think, a departmental directive that veterans affairs employees are supposed to no longer offer medical assistance in dying to our veterans. I think that for an issue as grave as this, the opportunity that is afforded to us in crafting the legislation, because we have to get it right, is to make sure there is independent and sufficient oversight but also legal protections, which would bring legal consequences for anyone who was to offer MAID to a veteran seeking care for an illness or injury arising from their service. That is not the role of Veterans Affairs Canada. This is not an easy conversation for any of us to have. I think we all know someone who has spent their final days, weeks, months or, in some cases, years not just in a diminished capacity but suffering. It is a hard conversation to have. It is one that we are having, and I appreciate the need to be respectful of one another in engaging in this, because we are all coming at it from different perspectives. In finding the balance, should this law come to pass, to make sure there are sufficient safeguards for everyone, I have highlighted, in particular, some of the safeguards that could be considered for veterans. I encourage the promotion of the dignity of all people. I think something we can agree on, in a conversation where there will be disagreement, is that we need to look out for each other, especially the most vulnerable among us. It is with that view that I have offered this intervention, and I will take questions on that. Hopefully, we can get this right if and when it moves to committee.

Kevin Lamoureux, Parliamentary Secretary to the Leader of the Government in the House of Commons

Liberal
“Debates about medical assistance in dying need to include how families and health workers support people at the end of life. We need to do more to support hospice and palliative care. I want to know what the member thinks about this.”
Official Hansard

Mr. Speaker, as I reflect on the many debates that have taken place in the House of Commons in regard to medical assistance in dying, one thing that really needs to be talked about as part of this discussion is how health care professionals, family members and the facilities out there all come together to support a loved one. I think of things like hospice care. I believe we need to do more on hospice care. I think we can do better in terms of palliative care in different facilities. I am wondering if the member had the opportunity to reflect on those types of issues, because they all feed together with medical assistance in dying.

Michael Barrett, Leeds—Grenville—Thousand Islands—Rideau Lakes

Conservative
“Hospice and palliative care workers do vital, caring work. We need more resources to give people good and dignified care, especially in hospices and palliative care.”
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Official Hansard

Mr. Speaker, we have among us in our hospices and among those who provide palliative care some of the most compassionate and most important people. I aspire to have the strength to care for people when they are at their worst in the way that these people do. We need to do more to make sure that we have the resources to provide dignified and sufficient care for people, and I think hospice and palliative care are two places to do that.

Alexis Deschênes, Gaspésie—Les Îles-de-la-Madeleine—Listuguj

Bloc Québécois
“I think each person should get to decide for themselves what dignity means. Some people want medical assistance in dying because they do not want to reach a point of suffering where they are no longer themselves. Can the member understand that point of view?”
Official Hansard

Mr. Speaker, I thank my colleague for his contribution to this debate. At the beginning of his speech, he said that a person’s dignity is not diminished by their suffering or by their dependence on others. Should that not be a personal choice? Should we not trust each individual to decide where to draw the line in terms of when their dignity is at risk? My colleague’s personal position is entirely valid. However, there are those who think differently and who want to be able to use medical assistance in dying to end their lives when they feel that, by a certain point, they will be experiencing so much suffering that they would no longer be themselves. Can my colleague understand that position?

Michael Barrett, Leeds—Grenville—Thousand Islands—Rideau Lakes

Conservative
“I support this bill because it adds safeguards to medically assisted dying. People have the legal right to make this choice, but we must protect vulnerable people. We need rules to make sure no one is pressured, that they fully understand their choice, and that they are of sound mind when making it.”
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Official Hansard

Mr. Speaker, I appreciate what I infer from the hon. member’s comments to be his respect and advocacy for the individual autonomy of every person. While I arrive at this debate informed by my beliefs, I would offer in reply that the opportunity we have with this bill is to provide safeguards for individuals who exercise that choice, which is legal in this country. We must make sure that there is no coercion, that it is always informed, that there is proper oversight, that when someone has made that choice, they have done so freely without interference and were of sound mind and judgment at the time, and that there are always safeguards in place to protect vulnerable people when they are in their most vulnerable moments.

Ziad Aboultaif, Edmonton Manning

Conservative
“Current laws fail to protect veterans and people with mental illness. The government needs to listen and protect these vulnerable people.”
Official Hansard

Mr. Speaker, the current legislation has failed to protect Canadians with mental health and some veterans. Why does the government need to listen this time and make sure that protection is there for vulnerable Canadians?

Michael Barrett, Leeds—Grenville—Thousand Islands—Rideau Lakes

Conservative
“Our laws fail to protect vulnerable people from assisted dying. Some veterans with PTSD who ask the government for help are offered assisted death instead. We need stronger legal protections and independent reviews.”
Official Hansard

Mr. Speaker, I will go back to the example I offered about veterans. We have seen demonstrated the failure of existing legislation to safeguard against abuses. I cannot think of anyone who is more vulnerable than someone living with an operational stress injury like PTSD after serving our country. They seek help, have the courage to call for help from the government they served, and then they are offered MAID. We need to make sure there are legal protections and independent review. This is just one of many examples of where we need to make sure there are sufficient guardrails. This is truly too important for us not to get right.

Philip Lawrence, Northumberland—Clarke

Conservative
“Canada now has one of the highest rates of medically assisted dying in the world. We need to talk about this. I do not want people to qualify for medically assisted death only because of a mental illness. Mental health can improve, and we should help people get better instead of ending their lives.”
Official Hansard

Mr. Speaker, I want to start my speech by congratulating all members of the House for the debate so far. I have been here observing it. I thought the member for Winnipeg North had an excellent question about hospice. The Bloc Québécois members talked about a very difficult subject in a sensitive manner. I am not sure if Canadians are always proud of us in the House, but I definitely think they could be this afternoon and morning with this important debate. This debate is quite frankly overdue and necessary. Like I said, I commend members in the House again for the compassionate way in which we have been able to have a dialogue, with many members I am sure having many different opinions. In addition to Bill C-41 and the content in it, a general discussion about MAID is important, regardless of where, I might add, someone is on the issue and whether they are an advocate or believe there should be additional safeguards. Canada is about to hit the highest rate of medically assisted dying in the developed world. In 2024, we were number two in the world, next to the Netherlands. We were at about 5.1% of total deaths. I do not believe we have a national number yet for 2025, and if someone wants to interject, I am happy to take it, but for Ontario in 2025, the rate was 7.3%. We are creeping up to about 10% of total deaths being done by medical assistance in dying. I do not believe this was a number that was projected or that we thought would occur at the time that the legislation was initially passed. Numbers do not always tell the whole story. In fact, they rarely do, but data points can point us in the right direction. Regardless of where someone is on the issue, I think we need to have a discussion, especially as MAID creeps up closer and closer to 10% of total deaths in Canada. On to the substance of the legislation, one of the more troubling elements that has occurred since 2019, when I was first elected, is the potential inclusion of mental illness as the sole reason for accessing medical assistance in dying. This is challenging not because mental illness is not as real as a physical illness. It very much is. In fact, I would say 100% is. The challenge is that with some mental illnesses, it is very difficult, according to the experts and the practitioners, to fully understand the impacts of certain mental illnesses. What we would never, ever want to see is that there was a permanent solution to a temporary problem. I think most people in here, regardless of the suffering if in fact it was for a finite amount of time, would want to be there in supporting people to get through to the other side of that. If it is possible to get to a point where someone can once again enjoy living and the suffering is no longer overwhelming, I am sure the vast majority of Canadians would want to see the community and health practitioners helping a person get through it. Once again, I would like to commend the House on a thoughtful dialogue. I thank the House for allowing me to contribute to it.

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