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Canada Regulation Essay

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Table of Contents

1 Country, Politics and Industry Background
1.1 Brief on Political System
Resource: wikipedia

Canada is a North American country consisting of ten provinces and three territories. Canada is a federal state that is governed as a parliamentary democracy and a constitutional monarchy with Queen Elizabeth II as its head of state. It is a bilingual nation with both English and French as official languages at the federal level.

Canada has strong democratic traditions upheld through a parliamentary system within the construct of constitutional monarchy; the monarchy of Canada is the foundation of the executive, legislative, and judicial branches.

The direct participation of the royal and viceroyal figures in areas of governance is limited; in practice, their use of the executive powers is directed by the Cabinet, a committee of ministers of the Crown responsible to the elected House of Commons and chosen and headed by the Prime Minister of Canada (presently Stephen Harper), the head of government, though the governor general or monarch may in certain crisis situations exercise their power without ministerial advice.

Each of the 308 Members of Parliament in the House of Commons is elected by simple plurality in an electoral district or riding. General elections must be called by the governor general, on the advice of the prime minister, within four years of the previous election, or may be triggered by the government losing a confidence vote in the House. The 105 members of the Senate, whose seats are apportioned on a regional basis, serve until age 75. Five parties had representatives elected to the federal parliament in the 2011 elections: the Conservative Party of Canada (governing party), the New Democratic Party (the Official Opposition), the Liberal Party of Canada, the Bloc Québécois, and the Green Party of Canada. The list of historical parties with elected representation is substantial.

Canada's federal structure divides government responsibilities between the federal government and the ten provinces. Provincial legislatures are unicameral and operate in parliamentary fashion similar to the House of Commons. Canada's three territories also have legislatures, but these are not sovereign and have fewer constitutional responsibilities than the provinces and with some structural differences. 1.2 Health Care Industry Scale

Resource: ?
1.3 Country’s Insurance System and Policy
Resource: Wikipedia

Health care in Canada is delivered through a publicly-funded health care system, which is mostly free at the point of use and has most services provided by private entities. It is guided by the provisions of the Canada Health Act.

About 27.6% of Canadians' health care is paid for through the private sector. This mostly goes towards services not covered or only partially covered by Medicare, such as prescription drugs, dentistry and optometry. Some 75% of Canadians have some form of supplementary private health insurance; many of them receive it through their employers. There are also large private entities that can buy priority access to medical services in Canada, such as WCB in BC.

The Canadian system is for the most part publicly funded, yet most of the services are provided by private enterprises. Most doctors do not receive an annual salary, but receive a fee per visit or service.

"Although there are laws prohibiting or curtailing private health care in some provinces, they can be changed", according to a report in the New England Journal of Medicine. In June 2005, the Supreme Court of Canada ruled in Chaoulli v. Quebec (Attorney General) that Quebec's prohibition against private health insurance for medically necessary services laws violated the Quebec Charter of Human Rights and Freedoms, potentially opening the door to much more private sector participation in the health system. Justices Beverley McLachlin, Jack Major, Michel Bastarache and Marie Deschamps found for the majority. "Access to a waiting list is not access to health care", wrote Chief Justice Beverly McLachlin. The Quebec and federal governments asked the high court to suspend its ruling for 18 months. Less than two months after its initial ruling, the court agreed to suspend its decision for 12 months, retroactive to June 9, 2005.

1.4 Health care system problem
1.4.1 Long Wait times
Although life-threatening cases are dealt with immediately, some services needed are non-urgent and patients are seen at the next-available appointment in their local chosen facility. (Wikipedia) 1.4.2 Restrictions on privately funded health care

The Canada Health Act, which sets the conditions with which provincial/territorial health insurance plans must comply if they wish to receive their full transfer payments from the federal government, does not allow charges to insured persons for insured services (defined as medically necessary care provided in hospitals or by physicians). Most provinces have responded through various prohibitions on such payments. This does not constitute a ban on privately funded care; indeed, about 30% of Canadian health expenditures come from private sources, both insurance and out-of-pocket payments. The Canada Health Act does not address delivery. Private clinics are therefore permitted, albeit subject to provincial/territorial regulations, but they cannot charge above the agreed-upon fee schedule unless they are treating non-insured persons (which may include those eligible under automobile insurance or worker's compensation, in addition to those who are not Canadian residents), or providing non-insured services. This provision has been controversial among those seeking a greater role for private funding. In 2006, the Government of British Columbia threatened to shut down one private clinic because it was planning to start accepting private payments from patients. (Wikipedia) 1.4.3 Cross-border health care

The border between Canada and the United States represents a boundary line for medical tourism, in which a country's residents travel elsewhere to seek health care that is more available or affordable. -Canadians visiting the US to receive health care: easier access -US citizens visiting Canada to receive health care: low price prescription drug; legal medical marijuana; (Wikipedia)

1.4.4 Reuse of Single-use Device (SUD)
Hospitals/ third party reprocessors.
Province /territories’ different attitude. Refer to: Reprocessing Single-Use Medical Devices: An Update of the Clinical Evidence and an Environmental Scan of Policies in Canada. MEDEC web site. Available at: . Accessed on Oct 12, 2011. Regulatory Agency Structure

1.5 Regulatory Agency
Official Website:

1.5.1 Regulatory Agency Report to
? Therapeutic Product Directorate
See Product License:
Therapeutic Product Direct
Medical Device Bureau
1.5.2 Structure
Medical Device Bureau < Therapeutic Product Directorate < Health Product and Food Branch of Health Canada (Health Canada -> about health Canada-> Branch & Agencies)

Health Canada Branches and Agencies
Ministers and Officers
Minister of Health
Deputy Minister
Associate Deputy Minister
Chief Public Health Officer
Branches, Offices and Bureaus
Audit and Accountability Bureau
Chief Financial Officer Branch
Corporate Services Branch
Departmental Secretariat
First Nations & Inuit Health Branch
Health Products & Food Branch
Healthy Environments & Consumer Safety Branch
Legal Services
Pest Management Regulatory Agency
Public Affairs, Consultation and Communications Branch
Regions and Programs Branch

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