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• 7.1 (1) The following definitions apply in this section and in section 12.21.

  medical leave

  medical leave  means a leave from studies taken by a borrower as a result of a medical problem that, in the opinion of a medical professional, would significantly interfere with the borrower’s ability to pursue their program of studies. (congé pour raisons médicales)

  period of postponement of repayment

  period of postponement of repayment  means the period during which, by reason of a medical leave or parental leave, a borrower is not required to repay the principal amount of a student loan and no interest is payable. (différé de remboursement)

• (2) The Minister may, on application, grant a borrower who ceases to be a full-time student on or after October 1, 2020 a period of postponement of repayment by reason of medical leave or parental leave, if the borrower submits the application in the form and manner specified by the Minister in the six months after the end of the borrower’s most recent period of studies, but no later than 12 months after

  • (a) in the case of a medical leave, the date specified by the medical professional; or

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• (4) If the borrower’s medical leave or parental leave must be extended or the borrower is entitled to a new medical leave or a new parental leave, the borrower may, no earlier than 30 days before the end of the six-month period referred to in subsection (3) and no later than 30 days after that period, submit a request to the Minister to extend the length of the period of postponement of repayment to 12 months.

• (5) If the borrower’s medical leave or parental leave must be further extended or the borrower is entitled to a new medical leave or a new parental leave, the borrower may, no earlier than 30 days before the end of the 12-month period referred to in subsection (4) and no later than 30 days after that period, submit a request to the Minister to extend the length of the period of postponement of repayment to 18 months.

• (6) A borrower who has been granted a period of postponement of repayment cannot submit a new application for a period of postponement of repayment by reason of a new medical leave or a new parental leave for 30 days after the first day of the current confirmed period.

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• 404.04 (1) Subject to subsection (2) and subsection 404.05(1), the Minister shall issue or renew a medical certificate on receipt of an application therefor if

  • (a) where the applicant is applying for a medical certificate in connection with an application for a student pilot permit-aeroplane, pilot permit — recreational, pilot or student pilot permit — ultra-light aeroplane, a pilot licence — glider or student pilot permit — glider, the applicant has completed and submitted a medical declaration, in accordance with the personnel licensing standards, that attests to the fact that the applicant is medically fit to exercise the privileges of the permit or licence that is applied for; or

  • (b) in any case not referred to in paragraph (a), it is established, by means of a medical examination conducted by a physician referred to in section 404.16, that the applicant meets the medical fitness requirements specified in the personnel licensing standards.

• (1.1) A medical certificate is also renewed if it is signed, dated and stamped in accordance with paragraph 404.18(a).

• (2) The Minister

  • (a) may request an applicant for the issuance or renewal of a medical certificate to undergo, before a specified date, any medical tests or examinations that are necessary to determine whether the applicant meets the medical fitness requirements specified in the personnel licensing standards;

  • (b) shall not issue or renew a medical certificate until the applicant has undergone all of the tests and examinations requested by the Minister pursuant to paragraph (a); and

  • (c) may suspend, or refuse to issue or renew, the applicant’s medical certificate if the applicant fails to comply with the request referred to in paragraph (a) before the specified date.

• (3) The Minister may

  • (a) request the holder of a medical certificate to undergo, before a specified date, any medical tests or examinations or provide any additional medical information, as necessary to determine whether the holder continues to meet the medical fitness requirements specified in the personnel licensing standards; and

  • (b) suspend, or refuse to renew, the holder’s medical certificate if the holder fails to comply with the request referred to in paragraph (a) before the specified date.

• (4) A medical certificate is subject to any restrictions or limitations that have been endorsed on the certificate in accordance with subsection 404.05(2).

• (5) A medical certificate is valid starting on the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate or on the day on which the medical examination for the issuance or renewal of the certificate is conducted until the earliest of

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  • (c) the day on which a new medical certificate is issued to the holder.

• (6) Subject to subsection (9), the validity period of a medical certificate for a permit, licence or rating that is set out in column 1 of the table to this subsection is set out in column 2 if the holder of the permit, licence or rating is under 40 years of age and in column 3 if the holder of the permit, licence or rating is 40 years of age or older.

• (6.1) The validity period of a medical certificate for a commercial pilot licence, a multi-crew pilot licence — aeroplane and an airline transport pilot licence, if the holder of the licence is acting as a flight crew member for hire or reward, is 12 months.

• (6.2) However, the validity period of a medical certificate referred to in subsection (6.1) is reduced to 6 months if

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• (7) The end of the validity period of a medical certificate that is issued or renewed under subsection (1) is calculated from the first day of the month following

  • (a) the day on which the applicant signs the medical declaration submitted for the issuance or renewal of the certificate; or

  • (b) the day on which the medical examination for the issuance or renewal of the certificate is conducted.

• (8) The end of the validity period of a medical certificate that is renewed in accordance with subsection (1.1) is calculated from

  • (a) the day on which the preceding validity period ends if the medical examination for the renewal of the certificate is conducted within 90 days before the end of that validity period; or

  • (b) the first day of the month following the day on which the medical examination for the renewal of the certificate is conducted if the examination is conducted more than 90 days before the end of the preceding validity period.

• (9) The Minister shall endorse a shorter validity period on a medical certificate if

  • (a) a physician referred to in section 404.16 recommends the shorter validity period in their medical report; and

• (10) Despite subsection (6), the Minister shall extend the validity period of a medical certificate for a period of not more than 60 days beginning on the day on which the certificate would otherwise expire, if

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  • (b) the applicant demonstrates that there has been no reasonable opportunity to undergo a medical examination within the 90 days before the day on which the certificate would otherwise expire.

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68.01 The following definitions apply in this Part.

COVID-19 medical device

COVID-19 medical device  means a medical device that is manufactured, sold or represented for use in relation to COVID-19. (instrument médical contre la COVID-19)

List of Medical Devices for an Urgent Public Health Need

List of Medical Devices for an Urgent Public Health Need  means the List of Medical Devices for an Urgent Public Health Need in Relation to COVID-19 that is published by the Government of Canada on its website, as amended from time to time. (Liste d’instruments médicaux pour des besoins urgents en matière de santé publique)

List of Medical Devices for Expanded Use

List of Medical Devices for Expanded Use  means the List of Medical Devices for Expanded Use in Relation to COVID-19 that is published by the Government of Canada on its website, as amended from time to time. (Liste d’instruments médicaux destinés à un usage élargi)

UPHN medical device

UPHN medical device  means any of the following medical devices for an urgent public health need related to COVID-19:

• (a) a medical device that is set out in Part 1 of the List of Medical Devices for an Urgent Public Health Need;

• (b) a medical device that belongs to a category of medical devices that is set out in Part 2 of the List of Medical Devices for an Urgent Public Health Need. (instrument médical BUSP)

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62.29 The holder of an establishment licence may import a designated medical device if the following conditions are met:

• (a) the holder provides the Minister, electronically in a format specified by or acceptable to the Minister and not later than the fifth business day before the day on which the designated medical device is imported, with a notification that contains the following information:

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  • (ii) in respect of the designated medical device,

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    • (B) its identifier, 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,

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    • (E) a detailed description of the medical conditions, purposes and uses for which it is manufactured, sold or represented, as well as its performance specifications if those specifications are necessary for proper use,

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  • (iv) the estimated date of arrival of the shipment of the designated medical device, and

  • (v) the total number of units of the designated medical device that are intended to be imported on the date referred to in subparagraph (iv);

• (b) the designated medical device is authorized to be sold by a regulatory agency within its jurisdiction or, if the device is not required to be authorized by a regulatory agency within its jurisdiction, the device complies with the applicable legal requirements within its jurisdiction;

• (c) the following information is set out in the List of Medical Devices for Exceptional Importation and Sale in respect of the designated medical device:

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• (d) the total number of units of the designated medical device that the holder imports does not exceed the maximum limit specified in the list referred to in paragraph (c) in respect of the device, if applicable;

• (e) the designated medical device is imported on or before the date referred to in subparagraph (c)(vi); and

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• 62.23 (1) Subject to subsections (2), (7) and (9), if a shortage of a specified medical device exists or is likely to occur, the manufacturer of the device and, in the case of a Class I device, the importer of the device shall each provide the following information to the Minister electronically in a format specified by or acceptable to the Minister:

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  • (b) in the case of a licensed device, the medical device licence number;

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  • (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;

• (2) If the manufacturer of a specified medical device decides to discontinue the sale of the device in Canada, the following rules apply:

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• (3) For greater certainty, subsections (1) and (2) do not remove the requirement for

  • (a) a manufacturer that is the holder of a medical device licence to inform the Minister under subsection 43(3); or

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• (6) Within two business days after the day on which the manufacturer is again able to meet the demand for the specified medical device, the manufacturer or importer shall notify the Minister electronically in a format specified by or acceptable to the Minister of the manufacturer’s ability to do so.

• (7) The manufacturer or importer need not provide the information that is required under subsection (1) if, within the applicable period referred to in paragraph (4)(a) or (b), the manufacturer or importer anticipates that the manufacturer will be able to meet the demand for the specified medical device within 30 days after the day on which the manufacturer or importer anticipated or became aware of the shortage.

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• (9) The manufacturer or importer need not provide the information that is required under subsection (1) if the manufacturer

  • (a) is also the manufacturer of another medical device that can be substituted for the specified medical device in respect of which a shortage exists or is likely to occur; and

  • (b) is able to meet the demand for the substitute medical device.

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