GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Food and Drugs Act — F-27 30.06
Deeming order 30.06 (1) Subject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, deem that specified requirements of this Act or the regulations are met — in respect of a therapeutic product or food that belongs to a class specified in the order — on the basis of a decision of, or any information or document produced by, a foreign regulatory authority in respect of that therapeutic product or food. Preconditions (2) The Minister may make the order only if the Minister believes on reasonable grounds that (a) it is necessary for a health or safety purpose or is otherwise in the public interest; and (b) having regard to its benefits and conditions, it is unlikely to result in (i) unacceptable health, safety or, if applicable, environmental risks, or (ii) an unacceptable degree of uncertainty respecting health, safety or, if applicable, environmental risks. Power to impose conditions (3) The Minister may, in the order, impose any conditions that the Minister considers necessary. Obligation to comply with conditions (4) Any person to whom a condition applies must comply with that condition. Clarifications (5) For greater certainty, (a) the requirements referred to in subsection (1) include requirements imposed on the Minister; (b) the Minister may rely on a portion of a decision of, or a portion of any document or information produced by, a foreign regulatory authority; and (c) nothing in this section is intended to limit the Minister’s ability to consider information, documents or other material obtained, directly or indirectly, from a foreign regulatory authority. 2024, c. 17, s. 328
Food and Drugs Act — F-27 30.07
Deeming 30.07 For the purposes of any provision of this Act, other than sections 30.01, 30.02, 30.05 and 30.06, any reference to regulations made under this Act is deemed to include orders made under section 30.01, 30.02, 30.05 or 30.06. 2024, c. 17, s. 328
Food and Drugs Act — F-27 30.1
Interim orders 30.1 (1) The Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment. Cessation of effect (2) An interim order has effect from the time that it is made but ceases to have effect on the earliest of (a) 14 days after it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, and (d) one year after the interim order is made or any shorter period that may be specified in the interim order. Contravention of unpublished order (3) No person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it. Exemption from Statutory Instruments Act (4) An interim order (a) is exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act ; and (b) shall be published in the Canada Gazette within 23 days after it is made. Deeming (5) For the purpose of any provision of this Act other than this section and section 30.05, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision. Tabling of order (6) A copy of each interim order must be tabled in each House of Parliament within 15 days after it is made. House not sitting (7) In order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting. 2004, c. 15, s. 66 2024, c. 17, s. 329
Food and Drugs Act — F-27 30.5
Incorporation by reference 30.5 (1) A regulation made under this Act with respect to a food or therapeutic product and an order made under subsection 30.63(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time. Accessibility of incorporated documents (2) The Minister shall ensure that any document that is incorporated by reference is accessible. Defence (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person. No registration or publication (4) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference. 2012, c. 19, s. 416; 2014, c. 24, s. 7 2024, c. 17, s. 331
Food and Drugs Act — F-27 30.6
Existing power not limited 30.6 For greater certainty, an express power in this Act to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act. 2012, c. 19, s. 416
Food and Drugs Act — F-27 30.61
Fees 30.61 (1) The Minister may, by order, fix the following fees in relation to a drug, device, food or cosmetic: (a) fees to be paid for a service, or the use of a facility, provided under this Act; (b) fees to be paid in respect of regulatory processes or approvals provided under this Act; and (c) fees to be paid in respect of products, rights and privileges provided under this Act. Amount not to exceed cost (2) A fee fixed under paragraph (1)(a) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility. Aggregate amount not to exceed cost (3) Fees fixed under paragraph (1)(b) may not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes or approvals. 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.62
Consultation 30.62 Before making an order under subsection 30.61(1), the Minister shall consult with any persons that the Minister considers to be interested in the matter. 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.63
Remission of fees 30.63 (1) The Minister may, by order, remit all or part of any fee fixed under subsection 30.61(1) and the interest on it. Remission may be conditional (2) A remission granted under subsection (1) may be conditional. Conditional remission (3) If a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted. 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.64
Non-payment of fees 30.64 The Minister may withdraw or withhold a service, the use of a facility, a regulatory process or approval or a product, right or privilege under this Act from any person who fails to pay the fee fixed for it under subsection 30.61(1). 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.65
Adjustment of amounts 30.65 (1) An order made under subsection 30.61(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order. Notice of adjusted amount (2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined. 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.66
Service Fees Act 30.66 The Service Fees Act does not apply to a fee fixed under subsection 30.61(1). 2017, c. 20, s. 317
Food and Drugs Act — F-27 30.7
Recovery 30.7 (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or release of an article. Time limit (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable. 2016, c. 9, s. 9
Food and Drugs Act — F-27 30.8
Certificate of default 30.8 (1) Any debt that may be recovered under subsection 30.7(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister. Judgment (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate. 2016, c. 9, s. 9
Food and Drugs Act — F-27 31
Contravention of Act or regulations 31 Subject to sections 31.1, 31.2 and 31.4, every person who contravenes any of the provisions of this Act or of the regulations, or fails to do anything the person was ordered to do by an inspector under section 25 or 27.2, is guilty of an offence and liable (a) on summary conviction for a first offence to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both and, for a subsequent offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; and (b) on conviction on indictment to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both. R.S., 1985, c. F-27, s. 31; 1996, c. 19, s. 77; 1997, c. 6, ss. 65, 91; 2014, c. 24, s. 8; 2016, c. 9, s. 10
Food and Drugs Act — F-27 31.1
Offences relating to food 31.1 (1) Every person who contravenes any provision of this Act or the regulations, as it relates to food, is guilty of an offence and liable (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or (b) on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both. Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves food; (a.1) section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to food; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to food; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to food or a sample that is or relates to food; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to food; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to food; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to food; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to food; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to food. 1997, c. 6, s. 66 2019, c. 29, s. 173
Food and Drugs Act — F-27 31.2
Offences relating to therapeutic products 31.2 (1) Subject to section 31.4, every person who contravenes any provision of this Act or the regulations, as it relates to a therapeutic product, or an order made under any of sections 21.1 to 21.32 is guilty of an offence and liable (a) on conviction by indictment, to a fine not exceeding $5,000,000 or to imprisonment for a term not exceeding two years or to both; and (b) on summary conviction, for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding six months or to both and, for a subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 18 months or to both. Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (a.1) section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product. 2014, c. 24, ss. 9, 10 2019, c. 29, s. 174
Food and Drugs Act — F-27 31.3
Due diligence 31.3 Due diligence is a defence in a prosecution for an offence under this Act, other than an offence under section 31.4. 2014, c. 24, s. 9
Food and Drugs Act — F-27 31.4
Offences — section 21.6 and serious risk 31.4 (1) A person who contravenes section 21.6, or who knowingly or recklessly causes a serious risk of injury to human health in contravening another provision of this Act or the regulations, as it relates to a therapeutic product, or an order made under any of sections 21.1 to 21.32 is guilty of an offence and liable (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term not exceeding five years or to both; and (b) on summary conviction, for a first offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 18 months or to both and, for a subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years or to both. Clarification (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act: (a) section 3, if the contravention of that section involves a therapeutic product; (a.1) section 3.1, if the contravention of that section involves a clinical trial that relates to a therapeutic product; (a.2) section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product; (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product; (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product; (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product; (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product. 2014, c. 24, ss. 9, 11 2019, c. 29, s. 175
Food and Drugs Act — F-27 31.5
Sentencing considerations 31.5 A court that imposes a sentence for an offence under section 31.2 or 31.4 shall take into account, in addition to any other principles that it is required to consider, the following factors: (a) the harm or risk of harm caused by the commission of the offence; and (b) the vulnerability of consumers of the therapeutic product. 2014, c. 24, s. 9
Food and Drugs Act — F-27 31.6
Parties to offence 31.6 If a person other than an individual commits an offence under section 31.2, or commits an offence under section 31.4 by reason of contravening section 21.6, then any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence. 2014, c. 24, s. 9
Food and Drugs Act — F-27 31.7
Continuing offence 31.7 If an offence under section 31.2 or 31.4 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued. 2014, c. 24, s. 9
Food and Drugs Act — F-27 32
Limitation period 32 (1) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister or, in the case of a contravention of a provision of the Act that relates to food, to the Minister of Agriculture and Agri-Food. Minister’s certificate (2) A document purporting to have been issued by the Minister referred to in subsection (1), certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it. R.S., 1985, c. F-27, s. 32; 1997, c. 6, s. 66
Food and Drugs Act — F-27 33
Venue 33 A prosecution for a contravention of this Act or the regulations may be instituted, heard, tried or determined in the place in which the offence was committed or the subject-matter of the prosecution arose or in any place in which the accused is apprehended or happens to be. R.S., c. F-27, s. 28
Food and Drugs Act — F-27 34
Want of knowledge 34 (1) Subject to subsection (2), in a prosecution for the sale of any article in contravention of this Act, except Parts III and IV, or of the regulations made under this Part, if the accused proves to the satisfaction of the court or judge that (a) the accused purchased the article from another person in packaged form and sold it in the same package and in the same condition the article was in at the time it was so purchased, and (b) that the accused could not with reasonable diligence have ascertained that the sale of the article would be in contravention of this Act or the regulations, the accused shall be acquitted. Notice of reliance on want of knowledge (2) Subsection (1) does not apply in any prosecution unless the accused, at least ten days before the day fixed for the trial, has given to the prosecutor notice in writing that the accused intends to avail himself of the provisions of subsection (1) and has disclosed to the prosecutor the name and address of the person from whom the accused purchased the article and the date of purchase. R.S., c. F-27, ss. 29, 39, 46
Food and Drugs Act — F-27 35
Certificate of analyst 35 (1) Subject to this section, in any prosecution for an offence under any of sections 31 to 31.2 and 31.4, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it. Requiring attendance of analyst (2) The party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination. Notice of intention to produce certificate (3) No certificate shall be admitted in evidence pursuant to subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced. Proof of service (4) For the purposes of this Act, service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it. Attendance for examination (5) Notwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service. R.S., 1985, c. F-27, s. 35; R.S., 1985, c. 27 (1st Supp.), s. 192; 1996, c. 19, s. 78; 2014, c. 24, s. 12