Guidance on Medical Device Establishment Licensing (MDEL) (GUI-0016) version 8 Page 36 of 42
Custom-made device (as defined in section 1 of the Medical Devices Regulations) - means a
medical device, other than a mass-produced medical device, that
(a) is manufactured in accordance with a health care professional’s written direction giving
its design characteristics;
(b) differs from medical devices generally available for sale or from a dispenser; and
(c) is
(i) for the sole use of a particular patient of that professional, or
(ii) for use by that professional to meet special needs arising in the course of his or
her practice. (instrument fait sur mesure)
Device (as defined in section 2 of the Food and Drugs Act) – Any article, instrument, apparatus or
contrivance, including any component, part or accessory thereof, manufactured, sold or
represented for use in:
(a) diagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical
state, or any of their symptoms, in human beings or animals,
(b) restoring, modifying or correcting the body structure of human beings or animals or the
functioning of any part of the bodies of human beings or animals,
(c) diagnosing pregnancy in human beings or animals,
(d) caring for human beings or animals during pregnancy or at or after the birth of the
offspring, including caring for the offspring, or
(e) preventing conception in human beings or animals;
however, it does not include such an instrument, apparatus, contrivance or article, or a
component, part or accessory of any of them, that does any of the actions referred to in
paragraphs (a) to (e) solely by pharmacological, immunological or metabolic means or solely
by chemical means in or on the body of a human being or animal.
Dispenser (as defined in section 1 of the Medical Devices Regulations) – A person who is a
member of a professional governing body and who is entitled, by virtue of their membership in
that body, to manufacture or adapt a medical device in accordance with a health care
professional’s written directions in order to meet the specific requirements of a patient.
Distributor – A person, other than a manufacturer, an importer or a retailer, who sells a medical
device in Canada for the purpose of resale or use, other than for personal use. A person outside of
Canada selling medical devices into Canada is also considered to be a distributor.
Health care facility (as defined in section 1 of the Medical Devices Regulations) – A facility that
provides diagnostic or therapeutic services to patients. It includes a group of such facilities that