Forward Regulatory Plan 2023-2025: Modernizing the Medical Device Establishment Licensing (MDEL) Framework

Title of Regulatory Initiative

Modernizing the Medical Device Establishment Licensing (MDEL) Framework

Enabling Act

Food and Drugs Act

Description

Health Canada plans to advance Modernizing the Medical Device Establishment Licensing Framework in two phases.

Phase I - The proposed amendments to the Medical Devices Regulations will improve and modernize the regulatory oversight over medical devices in Canada. This will be achieved through:

Phase II - The proposed amendments to the Medical Devices Regulations would:

This regulatory initiative was identified by Health Canada in its Health and Biosciences Sector Regulatory Review Roadmap. This regulatory initiative is associated with Health Canada’s Regulatory Stock Review Plan.

Note:  For regulatory consistency, Phase I amendments to the  Medical Devices Regulations will proceed jointly with the Phase I amendments to the  Food and Drug Regulations that are part of the  Modernizing the Drug Establishment Licensing (DEL) Framework initiative.

Regulatory cooperation efforts (domestic and international)

The Phase I amendments will align Canadian requirements for medical device recalls with the United States (U.S.), which would support regulatory harmonization for medical devices under the Canada-U.S. Regulatory Cooperation Council.

The amendments will also address a recommendation from Canada’s Economic Strategy Tables to adopt requirements that align with international best practices by increasing international harmonization while protecting the health and safety of people in Canada.

Potential impacts on people in Canada, including businesses

Phase I:

The amended framework will create a level playing field with other jurisdictions (e.g., United States, European Union, Switzerland, and the United Kingdom) for Canada’s medical device sector.

It will improve the predictability and efficiency of recalls for industry and decrease the burden on industry relating to the reporting of low-risk issues for medical devices.

These amendments are expected to broadly benefit the health of all people in Canada who use, or may use, medical devices. The amendments are not expected to disadvantage people in Canada based on their gender, race, culture, or other personal or group characteristics.

Phase II:

It would also improve regulatory oversight of facilities distributing safe medical devices.

Consultations

Industry and stakeholders were consulted in 2016.

Drug and medical device establishment licence holders were consulted between April and June 2019.

Policy consultations and stakeholder engagement on the Phase I measures took place in fall 2021/winter 2022. Health Canada also published a Notice of Intent in Canada Gazette, Part I, on December 11, 2021 to inform stakeholders of the policy direction, and to provide opportunities for comment on the policy approach.

Phase I:

Health Canada pre-published the proposed Regulations Amending the Food and Drug Regulations and the Medical Devices Regulations (Recalls, Establishment Licences and Finished Product Testing) in Canada Gazette, Part I on April 15, 2023 for a 75-day public comment period. The comment period closed on June 29, 2023. Comments were received from 46 respondents during the comment period, including individuals, businesses, and associations. Comments were generally supportive of the proposed amendments, which included changes to both the Food and Drug Regulations and Medical Devices Regulations. For the Medical Devices Regulations, stakeholders were generally supportive of the proposed amendments, but some concerns were expressed about the 24-hour recall reporting requirement, the potential health and safety risks of misclassification or under-reporting of recalls, and the requirement that applicants provide previous names in the medical device establishment licence application.

Health Canada plans to publish the amended regulations in the Canada Gazette, Part II in winter 2024.

Phase II: The Modernizing Medical Device Establishment Licensing Phase II package is targeting pre-publication of proposed amendments to the Medical Devices Regulations in Canada Gazette, Part I in fall 2024.

Further information

Related information on medical device establishment licensing can be found on Health Canada’s website.

Additional information can be requested from the departmental contact.

Departmental contact information

Stephanie Mangan
Director
Policy and Regulatory Strategies Directorate
Regulatory Operations and Enforcement Branch
Health Canada

Telephone: 343-550-4584
Email: prsd-questionsdspr@hc-sc.gc.ca

Date the regulatory initiative was first included in the Forward Regulatory Plan

February 2021

Consult Health Canada's acts and regulations web page for:

Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments and agencies across the Government of Canada:

To learn about upcoming or ongoing consultations on proposed federal regulations, visit:

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