5 Things to Know About Bill S-5

Canada’s health system relies on a growing number of digital technologies, yet electronic health information often remains siloed within incompatible systems. Improving interoperability and reducing barriers to the secure exchange of health information have become central objectives of health policy.

Bill S-5, otherwise known as the Connected Care for Canadians Act, would establish national requirements for health information technology vendors to support the secure exchange of health information and prohibit “data blocking” practices that interfere with the access, use, or sharing of health data. The bill aims to improve interoperability between digital health systems, giving patients and health-care providers more timely access to health information, reducing barriers to coordinated care, and supporting innovation in the delivery of health services.

While the bill focuses on Canada’s digital health system, it also raises broader questions about interoperability, vendor lock-in, and access to information that are relevant to the Right to Repair movement. Here are five things to know about Bill S-5:

1. It’s about making health information systems work together

At its core, Bill S-5 is an interoperability bill. Modern hospitals and healthcare settings are supported by hundreds of different devices produced by a wide range of manufacturers. 

This often means that health information is stored in systems that don’t communicate well with one another. That can make it harder for patients to access their own records and for health-care providers to coordinate care across different clinics, hospitals, or provinces. 

Bill S-5 seeks to address these barriers by establishing a national framework for interoperable health information technology while respecting existing privacy laws. It would require health information technology vendors to ensure their products can securely and easily exchange electronic health information with other compatible systems.

2. It would prohibit “data blocking”

In addition to requiring interoperability, Bill S-5 would prohibit “data blocking” by health information technology vendors.

The bill defines data blocking broadly as practices that prevent, discourage, or interfere with access to, use of, or exchange of electronic health information. In practical terms, this is intended to prevent vendors from using technical or business practices that unnecessarily lock health data into a single platform when it could otherwise be securely shared.

By addressing both interoperability and data blocking, the bill aims to make it easier for patients and health-care providers to access and move health information where it is needed.

3. It’s not a Right to Repair bill, but it reflects similar principles

Bill S-5 is not a Right to Repair bill. It does not deal with repairing products or requiring manufacturers to provide parts, tools, or repair information. However, it advances a similar principle by addressing vendor lock-in and requiring greater interoperability between technology systems, making it easier for users to access and move information across platforms. 

Manufacturers’ opposition to the right to repair often cite concerns about data access and security to push back against measures that would enable independent and third-party repair. If interoperability were legally mandated, opposition on these grounds would become less relevant. This would help shift the policy environment from one in which access is the exception requiring manufacturer approval to one in which access is presumed where necessary to support lawful repair.

If passed into law, Bill S-5 would demonstrate that greater data portability and interoperability can be supported through appropriate safeguards. This would contribute to a healthier, more competitive medical device repair ecosystem.

4. It started in the Senate and it’s now before the House of Commons

Bill S-5 originated in the Senate, where it completed all stages before being introduced in the House of Commons. This is somewhat unusual, as government legislation is more commonly introduced first in the House before moving to the Senate for further debate and discussion.

The bill is currently at second reading in the House of Commons. If it passes second reading, it will be referred to a parliamentary committee for detailed study, where MPs can hear from witnesses, consider amendments, and examine the bill clause by clause. 

For organizations and stakeholders interested in the bill, including those involved in digital health, medical technology, and Right to Repair, this committee stage will provide the most significant opportunity to recommend changes before the bill moves forward.

5. Many of the important details will come later

Although Bill S-5 establishes the overall framework, it leaves many of the practical details to future regulations.

For example, the legislation allows the federal government to develop regulations establishing technical interoperability standards, specifying what practices constitute prohibited data blocking, creating compliance and complaint processes, setting administrative monetary penalties, and incorporating technical standards by reference. It also provides a mechanism for determining when the federal framework would apply in provinces and territories based on whether comparable provincial requirements already exist.

This means that even if Bill S-5 becomes law, many of the rules that health information technology vendors will ultimately have to follow will be developed afterward through the regulatory process. As a result, stakeholder engagement will remain important long after the legislation itself is passed.

Interested in learning more? You can read the Bill’s text and follow its progress here: https://www.parl.ca/legisinfo/en/bill/45-1/s-5