Medical Devices Regulations
Registration 7 May, 1998
FOOD AND DRUGS ACT
Medical Devices Regulations
P.C. 1998-783 7 May, 1998
His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsections 3(3), 30(1) and 37(1)a of the Food and Drugs Act, hereby makes the annexed Medical Devices Regulations.
a S.C. 1993, c. 34, s. 73
MEDICAL DEVICES REGULATIONS
1. The definitions in this section apply in these Regulations.
"Act" means the Food and Drugs Act. (Loi)
"active device" means a medical device that depends for its operation on a source of energy other than energy generated by the human body or gravity. A medical device that transmits or withdraws energy or a substance to or from a patient without substantially altering the energy or the substance is not an active device. (instrument actif)
"active diagnostic device" means an active device that, whether used alone or in combination with another medical device, is intended to supply information for the purpose of detecting, monitoring or treating a physiological condition, state of health, illness or congenital deformity. (instrument diagnostique actif)
"active therapeutic device" means an active device that, whether used alone or in combination with another medical device, is intended to support, modify, replace or restore a biological function or structure for the purpose of treating or mitigating an illness or injury or a symptom of an illness or injury. (instrument thérapeutique actif)
"bar code" means a unique bar code in the symbology of the Universal Product Code (UPC), the Health Industry Business Communications Council (HIBCC) or the European Article Number (EAN), assigned to a medical device by the manufacturer. (code à barres)
"body orifice" means a natural opening or a permanent artificial opening in the body, such as a stoma. (orifice du corps)
"central cardiovascular system" means the heart, pericardium, pulmonary veins, pulmonary arteries, cardiac veins, coronary arteries, common carotid arteries, cerebral arteries, brachiocephalic artery, aorta, inferior and superior vena cava, renal arteries, iliac arteries and femoral arteries. (système cardiovasculaire central)
"central nervous system" means the brain, meninges, spinal cord and cerebrospinal fluid. (système nerveux central)
"closed-loop system", in respect of a medical device, means a system that enables the device to sense, interpret and treat a medical condition without human intervention. (système à boucle fermée)
"control number" means a unique series of letters, numbers or symbols, or any combination of these, that is assigned to a medical device by the manufacturer and from which a history of the manufacture, packaging, labelling and distribution of a unit, lot or batch of the device can be determined. (numéro de contrôle)
"custom-made device" means a medical device, other than a mass-produced medical device, that
(a) is manufactured in accordance with a health care professional's written direction giving its design characteristics;
(b) differs from medical devices generally available for sale or from a dispenser; and
(i) for the sole use of a particular patient of that professional, or
(ii) for use by that professional to meet special needs arising in the course of his or her practice. (instrument fait sur mesure)
"dental material" means a medical device that is intended to be inserted into the pulp cavity of a tooth or attached only to the enamel or dentin of a tooth. It does not include a surgical or dental instrument. (produit dentaire)
"directions for use", in respect of a medical device, means full information as to the procedures recommended for achieving the optimum performance of the device, and includes cautions, warnings, contra-indications and possible adverse effects. (mode d'emploi)
"dispenser" means a person who is a member of a professional governing body and who is entitled, by virtue of their membership in that body, to manufacture or adapt a medical device in accordance with a health care professional's written directions in order to meet the specific requirements of a patient. (préparateur)
"genetic testing" means the analysis of DNA, RNA or chromosomes for purposes such as the prediction of disease or vertical transmission risks, or monitoring, diagnosis or prognosis. (test génétique)
"health care facility" means a facility that provides diagnostic or therapeutic services to patients. It includes a group of such facilities that report to one common management that has responsibility for the activities carried out in those facilities. (établissement de santé)
"health care professional" means a person who is entitled under the laws of a province to provide health services in the province. (professionnel de la santé)
"identifier" means a unique series of letters or numbers or any combination of these or a bar code that is assigned to a medical device by the manufacturer and that identifies it and distinguishes it from similar devices. (identificateur)
"implant" means a medical device that is listed in Schedule 2. (implant)
"invasive device" means a medical device that is intended to come into contact with the surface of the eye or penetrate the body, either through a body orifice or through the body surface. (instrument effractif)
"in vitro diagnostic device" or "IVDD" means a medical device that is intended to be used in vitro for the examination of specimens taken from the body. (instrument diagnostique in vitro ou IDIV)
"manufacturer" means a person who sells a medical device under their own name, or under a trade-mark, design, trade name or other name or mark owned or controlled by the person, and who is responsible for designing, manufacturing, assembling, processing, labelling, packaging, refurbishing or modifying the device, or for assigning to it a purpose, whether those tasks are performed by that person or on their behalf. (fabricant)
"medical device" means a device within the meaning of the Act, but does not include any device that is intended for use in relation to animals. (instrument médical)
"medical device family" means a group of medical devices that are made by the same manufacturer, that differ only in shape, colour, flavour or size, that have the same design and manufacturing process and that have the same intended use. (famille d'instruments)
"medical device group" means a medical device comprising a collection of medical devices, such as a procedure pack or tray, that is sold under a single name. (ensemble d'instruments)
"medical device group family" means a collection of medical device groups that are made by the same manufacturer, that have the same generic name specifying their intended use, and that differ only in the number and combination of products that comprise each group. (famille d'ensembles d'instruments)
"name of the device", in respect of a medical device, includes any information necessary for the user to identify the device and to distinguish it from similar devices. (nom de l'instrument)
"near patient in vitro diagnostic device" or "near patient IVDD" means an in vitro diagnostic device that is intended for use outside a laboratory, for testing at home or at the point of care, such as a pharmacy, a health care professional's office or the bedside. (instrument diagnostique clinique in vitro)
"objective evidence" means information that can be proved true, based on facts obtained through observation, measurement, testing or other means, as set out in the definition "objective evidence" in section 2.19 of International Organization for Standardization standard ISO 8402:1994, Quality management and quality assurance - Vocabulary, as amended from time to time. (preuve tangible)
"person" includes a partnership and an association. (personne)
"qualified investigator" means a person who is a member in good standing of a professional association of persons entitled under the laws of a province to provide health care in the province and who is designated, by the ethics committee of the health care facility at which investigational testing is to be conducted, as the person to conduct the testing. (chercheur compétent)
"recall", in respect of a medical device that has been sold, means any action taken by the manufacturer, importer or distributor of the device to recall or correct the device, or to notify its owners and users of its defectiveness or potential defectiveness, after becoming aware that the device
(a) may be hazardous to health;
(b) may fail to conform to any claim made by the manufacturer or importer relating to its effectiveness, benefits, performance characteristics or safety; or
(c) may not meet the requirements of the Act or these Regulations. (rappel)
"safety and effectiveness requirements" means the safety and effectiveness requirements set out in sections 10 to 20. (exigences en matière de sûreté et d'efficacité)
"serious deterioration in the state of health" means a life-threatening disease, disorder or abnormal physical state, the permanent impairment of a body function or permanent damage to a body structure, or a condition that necessitates an unexpected medical or surgical intervention to prevent such a disease, disorder or abnormal physical state or permanent impairment or damage. (détérioration grave de l'état de santé)
"significant change" means a change that could reasonably be expected to affect the safety or effectiveness of a medical device. It includes a change to any of the following:
(a) the manufacturing process, facility or equipment;
(b) the manufacturing quality control procedures, including the methods, tests or procedures used to control the quality, purity and sterility of the device or of the materials used in its manufacture;
(c) the design of the device, including its performance characteristics, principles of operation and specifications of materials, energy source, software or accessories; and
(d) the intended use of the device, including any new or extended use, any addition or deletion of a contra-indication for the device and any change to the period used to establish its expiry date. (modification importante)
"surgical or dental instrument" means a reusable medical device that is intended for surgical or dental use, including cutting, drilling, sawing, scraping, clamping, hammering, puncturing, dilating, retracting or clipping, without connection to an active device. (instrument chirurgical ou dentaire)
"surgically invasive device" means an invasive device that is intended to enter the body through an artificially created opening that provides access to body structures and fluids. (instrument effractif chirurgical)
"system" means a medical device comprising a number of components or parts intended to be used together to fulfil some or all of the device's intended functions, and that is sold under a single name. (système)
"test kit" means an in vitro diagnostic device that consists of reagents or articles, or any combination of these, and that is intended to be used to conduct a specific test. (trousse d'essai)
"validation" means confirmation by examination and the provision of objective evidence that the requirements for a specific intended use have been fulfilled, as set out in the definition "validation" in section 2.18 of International Organization for Standardization standard ISO 8402:1994, Quality management and quality assurance - Vocabulary, as amended from time to time. (validation)
2. These Regulations apply to
(a) the sale and advertising for sale of a medical device; and
(b) the importation of a medical device for sale or for use on individuals, other than importation for personal use.
3. (1) These Regulations also apply to an in vitro diagnostic product that is a drug or that contains a drug, as if the product were an in vitro diagnostic device.
(2) Subsection (1) does not apply to a drug listed in Schedule E or F to the Act, in the schedule to Part G or J of the Food and Drug Regulations, in the Schedules to the Controlled Drugs and Substances Act, or in the schedule to the Narcotic Control Regulations.
4. Only sections 26 to 31, 37, 70, 75, 80, 86 and 87 apply to a dispenser.
5. These Regulations do not apply to a medical gas piping system that is assembled on site at a health care facility and permanently built into the structure of the facility, if
(a) the system meets the requirements of National Standard of Canada CAN/CSA-Z305.1, Nonflammable Medical Gas Piping Systems, as amended from time to time; and
(b) a certificate of compliance with that standard has been issued by a testing agency that meets the requirements of National Standard of Canada CAN/CSA-Z305.4, Qualification Requirements for Agencies Testing Nonflammable Medical Gas Piping Systems, as amended from time to time.
CLASSIFICATION OF MEDICAL DEVICES
6. Medical devices are classified into one of Classes I to IV by means of the classification rules set out in Schedule 1, where Class I represents the lowest risk and Class IV represents the highest risk.
7. If a medical device can be classified into more than one class, the class representing the higher risk applies.
8. This Part applies to medical devices that are not subject to Part 2 or 3.
9. (1) A manufacturer shall ensure that the medical device meets the safety and effectiveness requirements.
(2) A manufacturer shall keep objective evidence to establish that the medical device meets those requirements.
Safety and Effectiveness Requirements
10. A medical device shall be designed and manufactured to be safe, and to this end the manufacturer shall, in particular, take reasonable measures to
(a) identify the risks inherent in the device;
(b) if the risks can be eliminated, eliminate them;
(c) if the risks cannot be eliminated,
(i) reduce the risks to the extent possible,
(ii) provide for protection appropriate to those risks, including the provision of alarms, and
(iii) provide, with the device, information relative to the risks that remain; and
(d) minimize the hazard from potential failures during the projected useful life of the device.
11. A medical device shall not, when used for the medical conditions, purposes or uses for which it is manufactured, sold or represented, adversely affect the health or safety of a patient, user or other person, except to the extent that a possible adverse effect of the device constitutes an acceptable risk when weighed against the benefits to the patient and the risk is compatible with a high level of protection of health and safety.
12. A medical device shall perform as intended by the manufacturer and shall be effective for the medical conditions, purposes and uses for which it is manufactured, sold or represented.
13. During the projected useful life of a medical device, its characteristics and performance shall not deteriorate under normal use to such a degree that the health or safety of a patient, user or other person is adversely affected.
14. The characteristics and performance of a medical device shall not be adversely affected by transport or conditions of storage, taking into account the manufacturer's instructions and information for transport and storage.
15. Reasonable measures shall be taken to ensure that every material used in the manufacture of a medical device shall be compatible with every other material with which it interacts and with material that may come into contact with it in normal use, and shall not pose any undue risk to a patient, user or other person.
16. The design, manufacture and packaging of a medical device shall minimize any risk to a patient, user or other person from reasonably foreseeable hazards, including
(a) flammability or explosion;
(b) presence of a contaminant or chemical or microbial residue;
(d) electrical, mechanical or thermal hazards; and
(e) fluid leaking from or entering into the device.
17. A medical device that is to be sold in a sterile condition shall be manufactured and sterilized under appropriately controlled conditions, and the sterilization method used shall be validated.
18. A medical device that is part of a system shall be compatible with every other component or part of the system with which it interacts and shall not adversely affect the performance of that system.
19. A medical device that performs a measuring function shall be designed to perform that function within tolerance limits that are appropriate for the medical conditions, purposes and uses for which the device is manufactured, sold or represented.
20. If a medical device consists of or contains software, the software shall be designed to perform as intended by the manufacturer, and the performance of the software shall be validated.
21. (1) No person shall import or sell a medical device unless the device has a label that sets out the following information:
(a) the name of the device;
(b) the name and address of the manufacturer;
(c) the identifier of the device, including the identifier of any medical device that is part of a system, test kit, medical device group, medical device family or medical device group family;
(d) in the case of a Class III or IV device, the control number;
(e) if the contents are not readily apparent, an indication of what the package contains, expressed in terms appropriate to the device, such as the size, net weight, length, volume or number of units;
(f) the words "Sterile" and "Stérile", if the manufacturer intends the device to be sold in a sterile condition;
(g) the expiry date of the device, if the device has one, to be determined by the manufacturer on the basis of the component that has the shortest projected useful life;
(h) unless self-evident to the intended user, the medical conditions, purposes and uses for which the device is manufactured, sold or represented, including the performance specifications of the device if those specifications are necessary for proper use;
(i) the directions for use, unless directions are not required for the device to be used safely and effectively; and
(j) any special storage conditions applicable to the device.
(2) The information required pursuant to subsection (1) shall be expressed in a legible, permanent and prominent manner, in terms that are easily understood by the intended user.
22. (1) Subject to subsection (2), if a medical device is intended to be sold to the general public, the information required by subsection 21(1) shall
(a) be set out on the outside of the package that contains the device; and
(b) be visible under normal conditions of sale.
(2) Where a package that contains a medical device is too small to display all the information in accordance with section 21, the directions for use shall accompany the device but need not be set out on the outside of the package or be visible under normal conditions of sale.
23. (1) Subject to subsection (3), the information required by subsection 21(1) shall, as a minimum, be in either English or French.
(2) Subject to subsection (3), where the directions for use are supplied in only one official language at the time of sale, directions for use in the other official language shall be made available by the manufacturer as soon as possible at the request of the purchaser.
(3) The directions for use in respect of a medical device that is sold at a self-service display shall, as a minimum, be in both English and French.
Contraceptive Devices -- Advertising
24. For the purposes of subsection 3(3) of the Act and subject to section 27, the following may be advertised to the general public by any means other than by the distribution of samples door to door or through the mail:
(a) subject to paragraph (b), a contraceptive device other than an intrauterine device; and
(b) a condom, provided its label claims only that the condom reduces the risk of transmitting venereal disease.
Class I Medical Devices
25. (1) If the Minister believes on reasonable grounds, after reviewing a report or information brought to the Minister's attention, that a Class I medical device may not meet the safety and effectiveness requirements, the Minister may request the manufacturer to submit, on or before a specified day, information to enable him or her to determine whether the device meets those requirements.
(2) The Minister may direct the manufacturer to stop the sale of a Class I medical device if
(a) the manufacturer does not comply with a request made pursuant to subsection (1) by the day specified in the request; or
(b) the Minister determines, on the basis of the information submitted pursuant to subsection (1), that the device does not meet the safety and effectiveness requirements.
(3) The Minister may lift the direction to stop the sale if
(a) the manufacturer provides the information requested;
(b) corrective action has been taken to ensure that the medical device satisfies the safety and effectiveness requirements; or
(c) the Minister's determination was unfounded.
Class II, III and IV Medical Devices
26. Subject to section 37, no person shall import or sell a Class II, III or IV medical device unless the manufacturer of the device holds a licence in respect of that device or, if the medical device has been subjected to a change described in section 34, an amended medical device licence.
27. No person shall advertise a Class II, III or IV medical device for the purpose of sale unless
(a) the manufacturer of the device holds a licence in respect of that device or, if the device has been subjected to a change described in section 34, an amended medical device licence; or
(b) the advertisement is placed only in a catalogue that includes a clear and visible warning that the devices advertised in the catalogue may not have been licensed in accordance with Canadian law.
Medical Devices Deemed Licensed
28. If a system is licensed, all of its components or parts that are manufactured by the manufacturer of the system are deemed, for the purposes of its importation, sale or advertisement, to have been licensed.
29. If a test kit is licensed, all of its reagents or articles that are manufactured by the manufacturer of the test kit are deemed, for the purposes of its importation, sale or advertisement, to have been licensed.
30. If a medical device or a medical device group is licensed and forms part of a medical device family or a medical device gro