GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Food and Drugs Act — F-27 36
Proof as to manufacturer or packager 36 (1) In a prosecution for a contravention of this Act or of the regulations made under this Part, proof that a package containing any article to which this Act or the regulations apply bore a name or address purporting to be the name or address of the person by whom it was manufactured or packaged is, in the absence of evidence to the contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name or address appeared on the package. Offence by employee or agent (2) In a prosecution for a contravention described in subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence. Certified copies (3) In a prosecution for a contravention described in subsection (1), a copy of or extract from a document, including electronic data, that is certified to be a true copy by the inspector who made or took it under paragraph 23(2)(c), (d) or (f), as the case may be, is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents. Where accused had adulterating substances (4) Where a person is prosecuted under this Part for having manufactured an adulterated food or drug for sale, and it is established that the person had in his possession or on his premises any substance the addition of which to that food or drug has been declared by regulation to cause the adulteration of the food or drug, the onus of proving that the food or drug was not adulterated by the addition of that substance lies on the accused. R.S., 1985, c. F-27, s. 36; 1996, c. 19, s. 79 2019, c. 29, s. 176
Food and Drugs Act — F-27 37
Conditions under which exports exempt 37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if (a) it is manufactured or prepared in Canada; (b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada; (c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement. Exception — Act (1.1) Despite subsection (1), (a) section 4, subsection 5(1) and section 7 apply to any food; (b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations ; (c) sections 16 and 18 apply to any cosmetic; and (d) section 19 and subsection 20(1) apply to any device. Exception — regulations (1.2) Despite subsection (1), any prescribed provision of the regulations applies to any food, drug, cosmetic or device. Exception — General Council Decision (2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision , as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise. R.S., 1985, c. F-27, s. 37; 1993, c. 34, s. 73; 1996, c. 19, s. 80; 2004, c. 23, s. 3; 2016, c. 9, s. 11 2020, c. 5, s. 34 2021, c. 7, s. 10
Food and Drugs Act — F-27 38
Conditions under which transhipment exempt 38 This Act does not apply to any packaged food, drug, cosmetic or device if (a) it is manufactured or prepared outside Canada; (b) it is imported solely for the purpose of export and is not sold for consumption or use in Canada; and (c) it meets any other prescribed requirement. 2016, c. 9, s. 12
Food and Drugs Act — F-27
The most recent editions, including all errata, supplements, revisions and addenda, of the following standards: Column I Column II Item Name Abbreviation 1 European Pharmacopoeia (Ph.Eur.) 2 Pharmacopée française (Ph.F.) 3 Pharmacopoeia Internationalis (Ph.I.) 4 The British Pharmacopoeia (B.P.) 5 The Canadian Formulary (C.F.) 6 The National Formulary (N.F.) 7 The Pharmaceutical Codex: Principles and Practices of Pharmaceuticals 8 The United States Pharmacopoeia (U.S.P.)
Food and Drugs Act — F-27
[There are no items in this Schedule of the FOOD AND DRUGS ACT.]
Food and Drugs Act — F-27 208
Writs of Assistance 208 Nothing in sections 190, 195, 199 and 200 of this Act shall be construed as rendering invalid or inadmissible in any proceedings any evidence obtained by the exercise of a writ of assistance prior to the coming into force of those sections.
Food and Drugs Act — F-27 66
Transitional 66 (2) For greater certainty, the two year limitation period provided for in subsection 32(1) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
Food and Drugs Act — F-27 4
Deeming provision 4 A Notice of Interim Marketing Author­ization that is issued under the Food and Drug Regulations before the day on which this section comes into force, in respect of any matter referred to in subsection 30.2(2) of the Food and Drugs Act , as enacted by section 3 of this Act, and that is in effect on the day on which this section comes into force, is deemed to be an interim marketing authorization issued under subsection 30.2(1) of that Act.
Food and Drugs Act — F-27 5
Pest control products 5 (1) The maximum residue limit established for an agricultural chemical and its derivatives under the Food and Drug Regulations , as those regulations read immediately before the coming into force of this subsection, is deemed, if the agricultural chemical is a pest control product as defined in subsection 2(1) of the Pest Control Products Act , chapter 28 of the Statutes of Canada, 2002, to have been specified by the Minister under section 9 or 10 of that Act as the maximum residue limit for that agricultural chemical and its derivatives.
Food and Drugs Act — F-27 417
Interim marketing authorization 417 (1) An interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest of (a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette ; (b) the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act , as enacted by section 416 , has the same effect as the interim marketing authorization; and (c) two years after the day on which the interim marketing authorization is published in the Canada Gazette . Exemption from Statutory Instruments Act (2) A notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act .
Food and Drugs Act — F-27 13
Therapeutic product authorizations 13 The definition therapeutic product authorization , as enacted by subsection 2 (3), applies to authorizations — including licences and suspended authorizations or licences — that were issued before the day on which this section comes into force and that authorize, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product.
Food and Drugs Act — F-27 180
Clinical trials — certain drugs 180 A person that, immediately before the coming into force of section 166 , is authorized under Division 5 of Part C of the Food and Drug Regulations to sell or import a drug for the purposes of a clinical trial is deemed to be the holder, in respect of that drug, of an authorization referred to in section 3.1 of the Food and Drugs Act , as enacted by that section 166 .
Food and Drugs Act — F-27 181
Studies — positron-emitting radiopharmaceuticals 181 A person that, immediately before the coming into force of section 166 , is authorized under Division 3 of Part C of the Food and Drug Regulations to sell or import a positron-emitting radiopharmaceutical for the purposes of a study is deemed to be the holder, in respect of that positron-emitting radiopharmaceutical, of an authorization referred to in section 3.1 of the Food and Drugs Act , as enacted by that section 166 .
Food and Drugs Act — F-27 182
Clinical trials — natural health products 182 A person that, immediately before the coming into force of section 166 , is authorized under Part 4 of the Natural Health Products Regulations to sell or import a natural health product for the purposes of a clinical trial is deemed to be the holder, in respect of that natural health product, of an authorization referred to in section 3.1 of the Food and Drugs Act , as enacted by that section 166 .
Food and Drugs Act — F-27 183
Investigational testing — certain medical devices 183 A person that, immediately before the coming into force of section 166 , is authorized under Part 3 of the Medical Devices Regulations to sell or import a Class II, III or IV medical device for investigational testing is deemed to be the holder, in respect of the device, of an authorization referred to in section 3.1 of the Food and Drugs Act , as enacted by that section 166 .
Food and Drugs Act — F-27 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Food and Drugs Act — F-27 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (a) subsection 23(12) of the Food and Drugs Act ;
Food and Drugs Act — F-27 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Food and Drugs Act — F-27 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Food and Drugs Act — F-27 503
Authorizations and licences 503 The definition therapeutic product authorization in section 2 of the Food and Drugs Act also includes (a) an authorization, including a licence, that was issued, before the day on which this section comes into force, under the regulations made under that Act and that authorizes, as the case may be, the import, sale, manufacture, packaging or labelling of a natural health product, within the meaning of the Natural Health Products Regulations as those Regulations read immediately before that day; or (b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended.
Food and Drugs Act — F-27 332
Marketing authorizations 332 Marketing authorizations issued under section 30.2 or 30.3 of the Food and Drugs Act , as those sections read immediately before the day on which section 330 comes into force, that have not been repealed before that day are deemed to be made under subsection 30.05(1) of that Act.
Food and Drugs Act — F-27 64
64 The Food and Drugs Act is amended by adding the following after section 11: Risk to environment 11.1 It is prohibited for a person to sell, or to manufacture, prepare, preserve, package or store for sale, any drug that contains a prescribed substance, unless the Minister has conducted an assessment, in accordance with the regulations made under paragraph 30(1)(l.1), of the risk to the environment presented by the substance.
Food and Drugs Act — F-27 11.1
Risk to environment 11.1 It is prohibited for a person to sell, or to manufacture, prepare, preserve, package or store for sale, any drug that contains a prescribed substance, unless the Minister has conducted an assessment, in accordance with the regulations made under paragraph 30(1)(l.1), of the risk to the environment presented by the substance.
Food and Drugs Act — F-27 67
67 (1) [In force] (2) Subsection 30(1) of the Act is amended by adding the following after paragraph (a.01): (a.02) prescribing the substances that are subject to an assessment under section 11.1; (3) and (4) [In force] 1999, c. 33, s. 347 (5) Paragraph 30(1)(l.1) of the Act is replaced by the following: (l.1) respecting the assessment of the risk to the environment or human life and health of the release into the environment of any food, drug, cosmetic or device; (l.2) respecting, for the purpose of managing risks to the environment identified as part of an assessment under this Act, measures in respect of selling or importing, manufacturing, preparing, preserving, packaging or storing for sale any food, drug, cosmetic or device; (l.3) authorizing the Minister to waive any requirement respecting the assessment under this Act of the risk to the environment presented by a food, drug, cosmetic or device; (6) Section 30 of the Act is amended by adding the following after subsection (1): Relevant factor (1.01) Before recommending to the Governor in Council that a regulation be made under paragraph (1)(a.02), the Minister must take into account the degree of uncertainty respecting the risks to the environment associated with the use of a substance as an ingredient in a drug, including its release into the environment. (7) to (9) [In force]
Food and Drugs Act — F-27 501
501 (2) Section 21.321 of the Act is repealed.
Food and Drugs Act — F-27 502
502 (2) Subsection 21.8(2) of the Act is repealed.
Food and Drugs Act — F-27 327
327 (1) Section 30.05 of the Act is amended by adding the following after subsection (1): Exemption — person (1.1) Subject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, on any conditions that the Minister considers necessary, exempt a person — or any food, therapeutic product or activity, or any class of foods, therapeutic products or activities, in relation to a person — from the application of all or any of the provisions of Part I, section 37 or the regulations. The order cannot relate to cosmetics. (2) The portion of subsection 30.05(2) of the Act before paragraph (a) is replaced by the following: Preconditions (2) The Minister may make an order under subsection (1) or (1.1) only if the Minister believes on reasonable grounds that (3) Section 30.05 of the Act is amended by adding the following after subsection (3): Statutory Instruments Act (4) An order made under subsection (1.1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act . Availability — person-specific orders (5) The Minister must ensure that any order made under subsection (1.1) is publicly available but may exclude personal information and confidential business information from the order.
Foreign Enlistment Act — F-28 1
Short title 1 This Act may be cited as the Foreign Enlistment Act . R.S., c. F-29, s. 1
Foreign Enlistment Act — F-28 2
Definitions 2 In this Act, armed forces includes army, naval and air forces or services, combatant or non-combatant, but does not include surgical, medical, nursing and other services that are engaged solely in humanitarian work and under the control or supervision of the Canadian Red Cross or other recognized Canadian humanitarian society; ( forces armées ) conveyance includes ships, vessels, aircraft, trains, and motor and other vehicles; ( moyen de transport ) equip , in relation to a ship, includes the furnishing of anything that is used for the purpose of fitting or adapting the ship for the sea or for naval service, and all words relating to equipment shall be construed accordingly; ( équiper ) foreign state includes any foreign prince, colony, province or part of any province or people, or any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province or part of any province or people; ( État étranger ) illegally enlisted person means a person who has accepted or agreed to accept, or is about to leave Canada with intent to accept, any commission or engagement, or who has been induced to go on board a conveyance under a misapprehension or false representation of the service in which the person is to be engaged with the intention or in order that the person may accept or agree to accept any commission or engagement contrary to this Act. ( personne enrôlée illégalement ) within Canada [Repealed, 1996, c. 31, s. 85] R.S., 1985, c. F-28, s. 2; R.S., 1985, c. 1 (2nd Supp.), s. 213; 1996, c. 31, s. 85
Foreign Enlistment Act — F-28
armed forces includes army, naval and air forces or services, combatant or non-combatant, but does not include surgical, medical, nursing and other services that are engaged solely in humanitarian work and under the control or supervision of the Canadian Red Cross or other recognized Canadian humanitarian society; ( forces armées )
Foreign Enlistment Act — F-28
conveyance includes ships, vessels, aircraft, trains, and motor and other vehicles; ( moyen de transport )
Foreign Enlistment Act — F-28
equip , in relation to a ship, includes the furnishing of anything that is used for the purpose of fitting or adapting the ship for the sea or for naval service, and all words relating to equipment shall be construed accordingly; ( équiper )
Foreign Enlistment Act — F-28
foreign state includes any foreign prince, colony, province or part of any province or people, or any person or persons exercising or assuming to exercise the powers of government in or over any foreign country, colony, province or part of any province or people; ( État étranger )
Foreign Enlistment Act — F-28
illegally enlisted person means a person who has accepted or agreed to accept, or is about to leave Canada with intent to accept, any commission or engagement, or who has been induced to go on board a conveyance under a misapprehension or false representation of the service in which the person is to be engaged with the intention or in order that the person may accept or agree to accept any commission or engagement contrary to this Act. ( personne enrôlée illégalement )
Foreign Enlistment Act — F-28
within Canada [Repealed, 1996, c. 31, s. 85]
Foreign Enlistment Act — F-28 3
Offence to enlist with a foreign state at war with a friendly state 3 Any person who, being a Canadian national, within or outside Canada, voluntarily accepts or agrees to accept any commission or engagement in the armed forces of any foreign state at war with any friendly foreign state or, whether a Canadian national or not, within Canada, induces any other person to accept or agree to accept any commission or engagement in any such armed forces is guilty of an offence. R.S., c. F-29, s. 3
Foreign Enlistment Act — F-28 4
Offence to leave or intend to leave Canada to enlist 4 Any person who, being a Canadian national, leaves or goes on board any conveyance with a view to leaving Canada with intent to accept any commission or engagement in the armed forces of any foreign state at war with any friendly foreign state or, whether a Canadian national or not, within Canada, induces any other person to leave or go on board any conveyance with a view to leaving Canada, with a like intent, is guilty of an offence. R.S., c. F-29, s. 4
Foreign Enlistment Act — F-28 5
Offence to induce a person to enlist and leave Canada by misrepresentations 5 Any person who induces any other person to leave Canada or to go on board any conveyance within Canada under a misrepresentation or false representation of the service in which such person is to be engaged, with the intent or in order that such person may accept or agree to accept any commission or engagement in the armed forces of any foreign state at war with any friendly foreign state, is guilty of an offence. R.S., c. F-29, s. 5
Foreign Enlistment Act — F-28 6
Owner of conveyance may be guilty of an offence 6 (1) A person who, having the control or direction of or being the owner of any conveyance, knowingly takes on board or engages to take on board or has on board such conveyance, within Canada, any illegally enlisted person, is guilty of an offence. Detaining conveyance (2) A conveyance referred to in subsection (1) shall be detained until the trial or conviction of the person or owner referred to in that subsection and until all fines or penalties imposed on the person or owner have been paid or security approved by the court having jurisdiction in the matter has been given for the payment thereof. R.S., c. F-29, s. 6
Foreign Enlistment Act — F-28 7
Offences 7 (1) Subject to subsection (2), any person who, within Canada, (a) builds or agrees to build or causes to be built any ship with intent or knowledge or having reasonable grounds to believe that the ship will be employed in or by the armed forces of any foreign state at war with any friendly foreign state, (b) issues or delivers any commission for any ship with intent or knowledge or having reasonable grounds to believe that the ship will be employed in or by the armed forces of any foreign state at war with any friendly foreign state, (c) equips any ship with intent or knowledge or having reasonable grounds to believe that the ship will be employed in or by the armed forces of any foreign state at war with any friendly foreign state, or (d) dispatches or causes or allows to be dispatched any ship with intent or knowledge or having reasonable grounds to believe that the ship will be employed in or by the armed forces of any foreign state at war with any friendly foreign state, is guilty of an offence. Exception (2) A person building, causing to be built or equipping a ship in any of the cases mentioned in subsection (1), in pursuance of a contract made before the commencement of any war referred to in that subsection, shall not be deemed to have committed an offence under this Act, if (a) forthwith, on a proclamation of neutrality or any other proclamation notifying or bringing into operation the provisions of this Act, he gives notice to the Minister of Foreign Affairs that he is so building, causing to be built or equipping a ship and furnishes such particulars of the contract and of any matters relating to or done or to be done under the contract as may be required by the Minister of Foreign Affairs; and (b) he gives such security and takes and permits to be taken such other measures, if any, as the Minister of Foreign Affairs may prescribe for insuring that the ship will not be dispatched, delivered or removed or otherwise dealt with without the permission in writing of the Minister of Foreign Affairs, until the termination of the war. R.S., 1985, c. F-28, s. 7; 1995, c. 5, s. 25