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FederalDid not become law (session ended)41st Parliament, 1st Session

Bill S-202 explained in plain English

An Act to establish and maintain a national registry of medical devices

Federal Parliament bill summary, status, timeline, sponsor, votes, and official sources.

At a glance

Jurisdiction
Federal Parliament
Legislature / Parliament
Parliament of Canada
Session
41st Parliament, 1st Session
Bill number
Bill S-202
Full title
An Act to establish and maintain a national registry of medical devices
Current status
Did not become law (session ended)
Latest event
At report stage in the Senate
Last updated
Jun 18, 2013
Sponsor

Official Parliament of Canada snapshot for 41st Parliament, 1st Session. MP vote breakdowns appear when the House of Commons publishes a recorded division export for that bill. Senate and House stage details include official debate/sitting links when LEGISinfo publishes them.

Chamber
Parliament of Canada
Current Stage
At report stage in the Senate
Latest Activity
Jun 18, 2013
Sponsor
Plain-language explanation
In plain English (our explanation)

Our plain-language take, written for civic education.

Source: By PoliticalData.ca

AI-assisted, reviewed before publishing
Short Version

Bill S-202 establishes a national Medical Devices Registry in Canada to collect information about implantable and prescribed home-use medical devices with user consent, and requires manufacturers and medical practitioners to notify users of health and safety risks.

What It Means

Bill S-202 creates a Medical Devices Registry that would be established and maintained by the Canadian Department of Health. The Registry is designed to track implantable medical devices (devices surgically inserted into the body for at least 30 days) and prescribed home-use medical devices with the consent of users. Doctors who insert implantable devices or supply home-use devices must submit information to the Registry, including the patient's name, address, date of birth, the device details, manufacturer information, and serial or lot numbers. Patients must consent before their personal information is shared. The bill requires manufacturers, importers, and distributors to immediately notify the Registry if they become aware a device may pose a health or safety risk to users. When a risk is identified, the Registrar must contact affected users to inform them, either directly (if their information is in the Registry) or through their doctor (if information was not submitted). Personal information in the Registry is confidential and cannot be disclosed without the user's written, informed consent. The Registry can be maintained electronically. The bill also amends the Access to Information Act to add the Medical Devices Registry Act to Schedule II, which affects how access to information requests are handled. The Minister may make regulations to specify which home-use devices must be registered, what additional information to collect, how information may be destroyed, and whether to exempt certain devices from the Act. The bill comes into force no later than two years after receiving royal assent.

What This Bill Does
  • Establishes a Medical Devices Registry within the Department of Health to track implantable and prescribed home-use medical devices (section 4)
  • Designates a Registrar of Medical Devices from Department of Health employees to manage the Registry (section 3)
  • Requires doctors to submit information about implantable devices and home-use devices to the Registry, including patient name, address, date of birth, device details, and manufacturer information, with patient consent (section 5)
  • Requires doctors to inform patients about the Registry and obtain their consent before submitting personal information (section 5(2))
  • Requires the Registrar to send registered patients a copy of their information and advise them to notify the Registrar of address changes (section 6)
  • Requires manufacturers, importers, and distributors to immediately notify the Registrar when they become aware a device may pose a health or safety risk (section 7)
  • Requires the Registrar to contact affected users or their doctors without delay when a device may pose a health or safety risk (section 8)
  • Prohibits disclosure of patient names and addresses from the Registry without written, informed consent of the patient (section 11)
  • Allows the Registrar to maintain the Registry in electronic or other forms as prescribed (section 9 and 10)
  • Allows the Registrar to destroy Registry information at times and in circumstances prescribed by regulations (section 4(3))
  • Amends Schedule II to the Access to Information Act to add the Medical Devices Registry Act and reference section 11 (section 13)
  • Authorizes the Governor in Council to make regulations to carry out the Act's purposes, including prescribing types of home-use devices, information to collect, information destruction procedures, and exemptions (section 12)
Who Is Affected
  • People who use implantable medical devices (devices surgically inserted into the body and expected to remain for at least 30 days)
  • People who use prescribed home-use medical devices (specific types of medical devices prescribed by regulations for home use related to health care)
  • Medical doctors and practitioners who insert implantable devices or supply home-use devices (they must submit information to the Registry)
  • Manufacturers, importers, and distributors of implantable and home-use medical devices (they must report devices that may pose health or safety risks)
  • The Department of Health and the designated Registrar of Medical Devices (responsible for establishing and managing the Registry)
  • Government agencies seeking access to patient information held in the Registry (subject to patient consent requirements)
Rights, Duties, Or Obligations
  • Medical practitioners must submit information about implantable and home-use devices to the Registrar as soon as possible after insertion or supply (section 5(1))
  • Medical practitioners must inform patients about the Registry and obtain consent before submitting personal information (section 5(2))
  • Manufacturers, importers, and distributors must immediately notify the Registrar when they become aware a device may pose a health or safety risk (section 7)
  • The Registrar must establish and maintain the Registry within the Department of Health (section 4(1))
  • The Registrar must send registered patients a copy of their information and notice about address changes (section 6)
  • The Registrar must contact users or doctors without delay when a device may pose a health or safety risk and provide relevant risk information (section 8)
  • Patients have the right to consent to or refuse disclosure of their personal information to the Registry (section 5(1)(a))
  • Patient personal information in the Registry cannot be disclosed without the patient's written, informed consent (section 11)
  • The Registrar may destroy information from the Registry at times and in circumstances prescribed by regulations (section 4(3))
Important Dates
  • The Act comes into force no later than two years after receiving royal assent, on a date to be fixed by order of the Governor in Council (section 14)
Uncertainties Or Limits
  • The bill does not specify penalties or enforcement mechanisms for manufacturers, importers, distributors, or doctors who fail to comply with the requirements.
  • The specific types of 'home-use medical devices' that must be registered are not defined in the bill; they will be prescribed by regulation.
  • The bill does not specify what happens to information if a user withdraws consent for participation in the Registry.
  • The exact timing of when the Act comes into force is not specified; it will be set by Governor in Council order within two years of royal assent.
  • The bill does not specify how the Registrar will communicate with users in all scenarios (e.g., if contact information changes or is incomplete).
  • The bill authorizes but does not mandate regulations; it is unclear which specific regulations will be made and when.
  • The bill does not address international or cross-border scenarios for devices imported into Canada.
Laws Or Regulations Affected
Access to Information Act
amends

Schedule II of the Access to Information Act is amended to add a reference to the Medical Devices Registry Act and section 11, meaning the Registry's confidentiality protections for patient personal information will be subject to federal access to information procedures.

Source: Section 13

Food and Drugs Act
referenced

The bill defines 'medical device' by reference to the Food and Drugs Act, meaning the same definition of medical device used in that Act applies for purposes of this Registry.

Source: Section 2, definition of 'medical device'

Generated using AI from official bill text. Not legal advice. It is written by PoliticalData.ca for civic education, automatically checked and spot-reviewed before publishing.

Official text

Parliamentary Process

Step 1
First reading
Jun 14, 2011
Completed

Bill S-202, proposing a national registry for medical devices, completed its first reading in the Senate on June 14, 2011, and has since moved through further procedural stages.

Introduction and first reading, Jun 14, 2011
End of stage activity, Jun 14, 2011
Chamber sittings
Introduction and first reading - Jun 14, 2011

In a Senate sitting on June 14, 2011, a new senator was sworn in, and Bill S-202, concerning a national registry of medical devices, received its first reading.

Step 2
Second reading
Nov 2, 2011
Completed

Bill S-202, concerning a national registry of medical devices, completed its second reading in the Senate in 2011 and proceeded through committee and report stages in 2013.

Second reading, Nov 2, 2011
Referral to committee, Nov 2, 2011
End of stage activity, Nov 2, 2011
Chamber sittings
Debate at second reading - Oct 19, 2011

During a Senate sitting on October 19, 2011, various statements, proceedings, and questions were addressed, and the second reading debate for Bill S-202, concerning a national registry of medical devices, was adjourned.

During the Senate's second reading debate on October 19, 2011, Senator Mac Harb sponsored Bill S-202, an Act to establish and maintain a national registry of medical devices, highlighting the need for improved patient safety and notification in case of device failures, after which the debate was adjourned.

Debate at second reading - Nov 2, 2011

During a Senate sitting on November 2, 2011, debate on Bill S-202, concerning a national medical device registry, continued and the bill was referred to committee.

During a Senate debate, a discussion on Bill S-202, An Act to establish and maintain a national registry of medical devices, occurred where concerns about jurisdiction, privacy, and costs were raised by one senator, while another senator spoke in favour of further study due to personal experience, ultimately leading to the bill passing second reading "on division" and being sent to committee.

Step 3
Consideration in committee
Apr 30, 2013
Completed

The Senate committee's examination of Bill S-202, an act to create a national registry for medical devices, was completed on April 30, 2013.

Committee report presented with a recommendation, Apr 30, 2013
End of stage activity, Apr 30, 2013
Chamber sittings
Committee report presented with a recommendation - Apr 30, 2013

The Senate's Social Affairs, Science and Technology Committee recommended against proceeding with Bill S-202, citing concerns about cost, privacy, and existing regulations.

Step 4
Report stage
Jun 18, 2013
Not completed

Bill S-202, aiming to create a national medical device registry, was at the report stage in the Senate as of June 18, 2013, with this stage not yet completed.

Chamber sittings
Debate at consideration of committee report - May 1, 2013

The Senate debated Bill S-202, concerning a national medical device registry, where the Social Affairs Committee recommended not proceeding with the bill due to cost, privacy, and effectiveness concerns.

Debate at consideration of committee report - Jun 18, 2013

During a Senate sitting on June 18, 2013, various legislative matters were discussed, including the adjournment of debate on Bill S-202 regarding a medical devices registry, alongside other committee reports and inquiries.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Step 1
First reading
Not reached yet
Not reached

We don't have a plain-language summary for First reading yet. The official source linked below is the full record.

Step 2
Second reading
Not reached yet
Not reached

We don't have a plain-language summary for Second reading yet. The official source linked below is the full record.

Step 3
Consideration in committee
Not reached yet
Not reached

We don't have a plain-language summary for Consideration in committee yet. The official source linked below is the full record.

Step 4
Report stage
Not reached yet
Not reached

We don't have a plain-language summary for Report stage yet. The official source linked below is the full record.

Step 5
Third reading
Not reached yet
Not reached

We don't have a plain-language summary for Third reading yet. The official source linked below is the full record.

Debate and sitting links point to official parliamentary sources when LEGISinfo publishes them. Any plain-language discussion summaries should be generated from those official texts and reviewed before public display.

Vote Summary

No published recorded division

This bill is still active. We only show vote counts after the legislature publishes a recorded division.

Sponsor
Mac Harb
Senator | Details not listed in current Senate roster
Jurisdiction
Federal Parliament

No published representative vote breakdown

This bill is still moving through the process. When a recorded division is published, representative positions can be listed here.

Official sources

Status, sponsor, votes, and timeline on this page are drawn from these official legislative sources and public records. Each summary above is attributed to its own source.

How this data is sourced