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Find out if your submission or supplement may meet the requirements for deeming under the Reliance Order

Health Canada has created this tool to help you determine if your drug submission or supplement may meet the requirements for deeming under the “Order Providing for Reliance on Decisions of, or Documents Produced by, Foreign Regulatory Authorities in Respect of Certain Drugs” (the Order).

This tool can give you an idea of some of the key requirements for deeming under the different options that may be available for your submission or supplement under the Order.

We encourage you to reach out to the relevant directorate within Health Canada for additional regulatory guidance or to request a pre-submission meeting.

Based on your response to the first question, you may be eligible to file a submission or supplement under the general deeming option. Continue to answer the following questions to learn more.

Are you filing a new drug submission (NDS), abbreviated new drug submission (ANDS) or supplement to either of these submissions (SNDS or SANDS)?

Is the drug subject to the submission or supplement in a drug class listed on the applicable part of the Incorporated by Reference (IbR) list?

Is the submission or supplement for a drug that’s been authorized by a foreign regulatory authority (FRA) listed on the applicable part of the IbR list for the class of drugs to which the drug belongs?

Does the drug submission or supplement that you intend to submit for authorization in Canada have the same medicinal ingredient, strength, dosage form and route of administration as the foreign drug authorized by the FRA?

Do the conditions of use for the drug in the submission or supplement that you intend to submit for authorization in Canada fall within the conditions of use authorized for the foreign drug by the FRA? Conditions of use include indications, dosage and administration instructions, contraindications, precautions, cautions and warnings.

Will you be submitting a complete regulatory package as required under the Food and Drug Regulations for this drug submission or supplement?

Are you seeking deeming for any or all clinical, non-clinical and chemistry and manufacturing information in your drug submission or supplement?

If differences related to one of these sets of information (clinical, non-clinical, chemistry and manufacturing) exist between the foreign drug authorized by the FRA and the drug package in the Canadian submission or supplement, do these differences impact the safety and effectiveness of the drug?

Do you possess or have immediate access to information submitted to the FRA to obtain the foreign drug’s authorization?

Do you possess or have immediate access to information submitted to, or received from, the FRA in respect of post-market measures imposed by the FRA with respect to the foreign drug authorization?

Have you previously filed another drug submission or supplement to Health Canada for review, where the result was a refusal or withdrawal after you received a notice of non-compliance (NON) or a notice of deficiency (NOD)?

Did the FRA rely on a decision made by another FRA, in whole or in part?

Based on your response to the first question, you may be eligible to file a submission or supplement under the 120-day filing option. Continue to answer the following questions to learn more.

Are you filing a new drug submission (NDS) or supplement to a new drug submission (SNDS)?

Is the new drug subject to the submission or supplement in a drug class listed on the applicable part of the Incorporated by Reference (IbR) list?

Was the submission or supplement for a drug filed with a FRA listed on the applicable part of the IbR list for the class of drugs to which the drug belongs filed no more than 120 days prior to the Canadian submission or supplement?

Does the drug submission or supplement that you intend to submit for authorization in Canada have the same medicinal ingredient, strength, dosage form and route of administration as the foreign drug filed with the FRA?

Do the conditions of use for the drug in the submission or supplement that you intend to submit for authorization in Canada fall within the conditions of use for the foreign drug submitted to the FRA? Conditions of use include indications, dosage and administration instructions, contraindications, precautions, cautions and warnings.

Will you be submitting a complete regulatory package as required under the Food and Drug Regulations for this drug submission or supplement?

Are you also seeking deeming for all clinical, non-clinical and chemistry and manufacturing information in your drug submission or supplement?

If differences related to one of these sets of information (clinical, non-clinical, chemistry and manufacturing) exist between the foreign drug that would be authorized by the FRA and the drug in the Canadian submission or supplement, would these differences impact the safety and effectiveness of the drug?

Will you possess or have immediate access to information submitted to the FRA to obtain the foreign drug’s authorization?

Will you possess or have immediate access to information submitted to, or received from, the FRA in respect of post-market measures that would be imposed by the FRA with respect to the foreign drug authorization?

Have you previously filed another drug submission or supplement to Health Canada for review, where the result was a refusal or withdrawal after you received a notice of non-compliance (NON) or a notice of deficiency (NOD)?

Will the FRA rely on a decision made by another FRA, in whole or in part?

Based on your response to the first question, you may be eligible to file a submission or supplement under the joint review option. Continue to answer the following questions to learn more.

Are you filing a new drug submission (NDS) or supplement to a new drug submission (SNDS)?

Is the drug subject to the submission or supplement in a drug class listed on the applicable part of the Incorporated by Reference (IbR) list?

Will the submission or supplement be filed as part of a joint review with 1 or more FRAs listed on the applicable part of the IbR list in relation to the class of drugs to which the drug belongs?

Has Health Canada agreed or do you anticipate they will agree, to conduct a joint review with those FRAs?

Does the drug submission or supplement that you intend to submit for authorization in Canada have the same medicinal ingredient, strength, dosage form and route of administration as the foreign drug filed with the FRA?

Do the conditions of use for the drug for the submission or supplement that you intend to submit for authorization in Canada fall within the conditions of use for the foreign drug submitted to the FRA? Conditions of use include indications, dosage and administration instructions, contraindications, precautions, cautions and warnings.

Will you be submitting a complete regulatory package as required under the Food and Drug Regulations for this drug submission or supplement?

If differences related to a set of information (clinical, non-clinical, chemistry and manufacturing) exist between the foreign drug submitted to the FRA and the drug that would be subject to the Canadian submission or supplement, do these differences impact the safety and effectiveness of the drug?

Based on your response, your drug submission or supplement may not meet some requirements for deeming to occur under the Order.

For more information about the deeming options under the Order, we encourage you to:

Based on your response, your drug submission or supplement may meet some requirements for deeming to occur under the Order.

You are responsible for ensuring that you submit a complete regulatory package to Health Canada, as well as all information required under the Order should you want to seek deeming.

For more information about the deeming options under the Order, we encourage you to:

A FRA may rely on a decision from another FRA if the decision was made as a joint review between two FRAs that are set out on the IbR list in relation to the drug class for the drug. We encourage you to ask the FRA if it relied on the decision of another regulatory authority when deciding to authorize the drug, and if so, whether it was through a joint review with an FRA listed on the IbR list.

We also encourage you to reach out to the appropriate directorate for advice on submitting a drug submission or supplement to Health Canada under the Order.

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2026-07-31

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