Bill S-5 would create a new federal law, the Connected Care for Canadians Act; it does not amend another Act. Its stated goal is to support a connected, secure and person-centred health system by requiring health information technology to work together and prohibiting data blocking. The bill is not yet in force: it would start on a date set by the Governor in Council, and would apply in a province or territory only if an order makes it apply there.
Health information technology vendors would have to ensure their products and services are interoperable. That means users can easily, completely and securely access and use all electronic health information and exchange it with other health information technologies, unless privacy law prohibits this, and the technology meets standards set by regulation.
Vendors would be prohibited from data blocking, subject to regulations. The bill defines this broadly as acts or practices that prevent, discourage or interfere with access to, use of, or exchange of electronic health information.
The Governor in Council could make the Act or its regulations apply in a province or territory if that place does not have requirements that are substantially similar to or exceed those under the Act. The criteria and process would be set by regulation.
Regulations could authorize the Minister of Health to verify vendors’ compliance, set up complaints and reviews, and create administrative monetary penalties. The bill itself does not set penalty amounts or establish those processes.
The bill’s preamble recognizes Indigenous data sovereignty, but the operative provisions do not set out how Indigenous Peoples would take part in decisions or how that recognition would be put into practice.
Health information technology vendors: In a province or territory where the Act applies, vendors would have to meet the interoperability requirements and not engage in prohibited data blocking. The bill does not itself set the technical standards.
People receiving health care and health professionals: The required technology would have to support access to and exchange of electronic health information, subject to privacy laws and future regulations. The bill does not create a direct application process or guarantee that a particular person will receive information in a particular way.
Provinces and territories: The Act would apply only after a federal order. The bill does not automatically replace provincial or territorial rules.
Taxpayers: The bill does not directly set a tax or fee. It could lead to public costs if the government uses its proposed regulatory, verification or review powers.
The general public: The bill does not require health providers to use a particular technology or create a new front-line health service.
Vendors would have to meet interoperability requirements where the Act applies, but the cost of doing so is not stated.
Regulations could create administrative monetary penalties for vendors that break the Act or its regulations. The bill does not set amounts.
No government staffing or enforcement budget is specified, even though regulations could authorize compliance checks and require vendors to provide information or documents.
The bill appears intended to address barriers to accessing and exchanging electronic health information. Requiring compatible technology could make it easier for people and health professionals to use information held in different systems.
Prohibiting data blocking could discourage vendors from interfering with access to or exchange of health information.
Allowing the Act to apply where provincial or territorial requirements are not substantially similar or stronger could support common requirements across jurisdictions.
The main technical standards, data-blocking rules and enforcement details would be left to future regulations. Until those are known, vendors and the public cannot tell exactly what compliance would require.
The bill gives the Governor in Council broad powers to decide where the Act applies, while the criteria and process for those decisions are also left to regulations.
The bill does not set out how people could complain or seek a remedy; those details depend on regulations.
Vendors could face compliance costs, and governments could face costs to administer the system, but the bill provides no estimates.