Share your views: Consultation on proposed amendments to regulations to address health product shortages in Canada

From: Health Canada

Current status: Open

Opened on December 28, 2024 and will close on March 8, 2025.

Health Canada is proposing to amend the Food and Drug Regulations and Medical Devices Regulations to help prevent and mitigate the risk of harm to human health due to drug and medical device shortages and discontinuations. The proposed amendments:

Key questions for discussion

Your ideas and input are sought around the proposed amendments to the Food and Drug Regulations and Medical Devices Regulations concerning shortages and discontinuations for drugs and medical devices, and the associated draft guides. The regulatory amendments would give Health Canada more tools to help prevent adverse health outcomes due to a drug or medical device shortage.

The input gathered through this consultation process will help us:

Who is the focus of this consultation

We want to hear from:

Join in: How to participate

Share your ideas online

Use the following table to submit your ideas and comments. Note: Links to the draft guides for consultation are provided at the end of the table.

Proposed regulations and lists incorporated by reference
Title Description How to provide feedback

Regulations Amending Certain Regulations Made Under the Food and Drugs Act (Shortages and Discontinuation of Sale of Drugs and Medical Devices)

These are the proposed regulatory changes to the Food and Drug Regulations and Medical Devices Regulations. The regulatory impact analysis statement describes the goal of the regulations, proposed implementation and expected impact.

Submit your comments using the comment boxes provided in the:

Lists incorporated by reference - drugs

List of Drugs for the Purposes of the Definition "Drug" in Section C.01.014.8 (Expanded Scope List)

This is the draft landing page for a proposed new regulatory list to identify non-prescription drugs that would be covered by the shortage requirements, such as for reporting shortages and discontinuations.

Submit your comments on how the lists are formatted by email to hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca.

Indicate the documents you are commenting on.

Note: We would be holding a separate consultation on the drugs we propose to add to the Safety Stock List and the Expanded Scope List when the final regulations come into force.

List of Drugs for the Purposes of Section C.01.014.84 of the Food and Drug Regulations (Safety Stock List)

This is the draft landing page for a proposed new regulatory list to indicate which drugs require safety stock to be held in Canada.

List of Drugs with Extended Expiration Dates (Extended Expiration Date List)

This is the draft landing page for a proposed new list to indicate which lots or batches of drugs have an extended expiration date for the purpose of addressing a shortage.

List of Drugs for Exceptional Importation and Sale

This is the draft landing page for the existing list, which would change with the proposed regulatory amendments. Drugs on this list would be allowed for exceptional importation and sale in Canada.

New draft guidance to support this regulatory proposal
Title of document How to provide feedback
Drugs

Draft for consultation: Guide to shortage prevention and mitigation plans

Submit your comments by email to hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca.

Indicate the documents you are commenting on.

Draft for consultation: Guide to reporting drug demand surges

Draft for consultation: Guide on extending expiration dates of marketed drugs in response to drug shortages

Draft for consultation: Guide to safety stocks

Draft for consultation: List of drugs that are critical and vulnerable to shortages (Critical and Vulnerable Drug List)

Submit your comments via the Consultation on draft Critical and Vulnerable Drug List questionnaire.

The questionnaire will be available from January 6th to March 8th 2025.

If you would like to receive the questionnaire in another format, email us at hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca.

Proposed updates to existing guidance to support this regulatory proposal
Title of document How to provide feedback
Drugs

Draft for consultation: Guide to reporting drug shortages and discontinuations (GUI-0120)

Submit your comments by email to hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca.

Indicate the documents you are commenting on.

Draft for consultation: Guide to distributing drugs intended for the Canadian market for consumption or use outside Canada (GUI-0145)

Draft for consultation: Guide on the requirements for providing information related to drug shortages (GUI-0146)

Draft for consultation: Guide on the exceptional importation and sale of drugs in response to drug shortages and discontinuations (GUI-0148)

Medical devices

Draft for consultation: Guide to reporting medical device shortages and discontinuations (GUI-0137)

Submit your comments by email to hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca.

Indicate the documents you are commenting on.

Draft for consultation: Guide to the exceptional importation and sale of medical devices (GUI-0147)

Participate by mail

Mail your ideas and comments for items that are open for consultation by sending a letter to the address in the Contact us section.

Contact us

Director, Policy and Data Division
Health Product Shortage Directorate
Health Canada
200 Tunney's Pasture Driveway
Ottawa ON K1A 0K9
Email: hpsdpdcorr-corrdgppsdp@hc-sc.gc.ca

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