Life sciences—Canada—Q&A guide

The following Life Sciences practice note provides comprehensive and up to date legal information covering:

  • Life sciences—Canada—Q&A guide
  • 1. How is healthcare in your jurisdiction organised?
  • 2. How is the healthcare system financed in the outpatient and inpatient sectors?
  • 3. What are the basic structures of the provision of care to patients in statutory and private care?
  • 4. What steps are necessary to authorise the provision of health services, and what law governs this?
  • 5. Which types of legal entities can offer healthcare services?
  • 6. What further steps are necessary for foreign companies to offer health services?
  • 7. Which legislation governs advertising of medicinal products to healthcare professionals?
  • 8. What are the main rules and principles applying to advertising of medicinal products aimed at healthcare professionals?
  • 9. Is the advertising of medical devices to healthcare professionals regulated as rigorously as advertising in the pharmaceuticals sector? What are the main differences?
  • More...

Life sciences—Canada—Q&A guide

This Practice Note contains a jurisdiction-specific Q&A guide to life sciences in Canada published as part of the Lexology Getting the Deal Through series by Law Business Research (published: August 2021).

Authors: Stikeman Elliott LLP—Sara Zborovski; Ian Trimble

1. How is healthcare in your jurisdiction organised?

In Canada, jurisdiction over healthcare is shared between the federal and provincial governments. The federal government regulates healthcare through its spending power, its authority over criminal law and its ability to legislate for peace, order and good government. Provincially, the legislatures have authority over the establishment, maintenance and management of hospitals and over property and civil rights.

Federal legislation provides for, among other things:

  1. regulating health products such as drugs and medical devices;

  2. regulating cannabis and tobacco;

  3. regulating medical assistance in dying;

  4. providing healthcare benefits to certain groups (indigenous people, the military and inmates of federal institutions); and

  5. setting out requirements that provincial health insurance programmes must satisfy in order to qualify for the health transfer payment (a significant source of funding for provincial health insurance programmes).

Provincial legislation provides for, among other things:

  1. establishing and running hospitals;

  2. regulating healthcare professionals;

  3. establishing the provincial health insurance programmes and determining which healthcare services to fund; and

  4. establishing public drug plans and determining drug coverage and plan eligibility.

Healthcare services and drugs that are not publicly funded (uninsured services) are paid for privately. In

Popular documents