GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Food and Drugs Act — F-27 21.96
Exemption 21.96 A person that conducts an activity under an order made under subsection 21.95(1) is, in respect of the activity, exempt from the provisions of the regulations other than any provisions that are specified in the order or in regulations made under paragraph 30(1.2)(b.2). 2019, c. 29, s. 169
Food and Drugs Act — F-27 22
Inspectors 22 (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation. Certificate to be produced (2) An inspector shall be given a certificate in a form established by the Minister or the President of the Canadian Food Inspection Agency attesting to the inspector’s designation and, on entering any place pursuant to subsection 23(1), an inspector shall, if so required, produce the certificate to the person in charge of that place. R.S., 1985, c. F-27, s. 22; 1997, c. 6, s. 63; 2016, c. 9, s. 4
Food and Drugs Act — F-27 22.1
Provision of documents, information or samples 22.1 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, order a person to provide, on or before the date and time specified by the inspector and at the place and in the manner specified by the inspector, any document, information or sample specified by the inspector. Duty to provide (2) A person that is ordered by an inspector to provide a document, information or a sample shall do so on or before the date and time, and at the place and in the manner, specified by the inspector. 2019, c. 29, s. 170
Food and Drugs Act — F-27 23
 a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so. Warrant to enter dwelling-house (9) In the case of a dwelling-house, an inspector may enter it only with the consent of the occupant or under the authority of a warrant issued under subsection (10). Authority to issue warrant (10) A justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath that (a) the dwelling-house is a place referred to in subsection (1); (b) entry to the dwelling-house is necessary for a purpose referred to in that subsection; and (c) entry to the dwelling-house has been refused or there are reasonable grounds to believe that it will be refused. Use of force (11) In executing a warrant issued under subsection (10), an inspector shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant. Means of telecommunication (12) An application for a warrant under subsection (10) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications. Assistance to inspector (13) The owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there shall (a) give the inspector all reasonable assistance; and (b) provide the inspector with any information that the inspector may reasonably require, including information that is necessary to establish their identity to the inspector’s satisfaction. Definition of article to which this Act or the regulations apply (14) In subsections (1) and (2), article to which this Act or the regulations apply includes (a) any food, drug, cosmetic or device; (b) anything used for an activity regulated under this Act; and (c) any record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations. R.S., 1985, c. F-27, s. 23; R.S., 1985, c. 31 (1st Supp.), s. 11, c. 27 (3rd Supp.), s. 2 2019, c. 29, s. 170 2022, c. 17, s. 63 2024, c. 17, s. 323
Food and Drugs Act — F-27 24
Obstruction and false statements 24 (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations. Interference (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Part. R.S., c. F-27, ss. 22, 37
Food and Drugs Act — F-27 25
Storage, movement and disposal 25 An inspector may, in respect of any article seized under this Part, (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given; (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if (i) the article is perishable, or (ii) the inspector is of the opinion that the article presents a risk of injury to health or safety and that its disposal is necessary to respond to the risk. R.S., 1985, c. F-27, s. 25; 2016, c. 9, s. 5
Food and Drugs Act — F-27 26
Release of seized articles 26 An inspector who has seized any article under this Part shall release it when he is satisfied that all the provisions of this Act and the regulations with respect thereto have been complied with. R.S., c. F-27, ss. 23, 37
Food and Drugs Act — F-27 26.1
Unclaimed seized articles 26.1 (1) An article seized under this Part is, at the election of the Minister or the Minister of Agriculture and Agri-Food, forfeited to Her Majesty in right of Canada if (a) within 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person entitled to possess it; or (b) its owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it. Disposal (2) A seized article that is forfeited under subsection (1) may be disposed of, as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure. 2016, c. 9, s. 6
Food and Drugs Act — F-27 27
Forfeiture with consent 27 (1) If an inspector has seized an article under this Part and its owner or the person having possession, care or control of it at the time of its seizure consents to its forfeiture, the article is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of the article at the time of its seizure. Forfeiture — offence (2) If a person has been convicted of a contravention of this Act or the regulations, the court or judge may, in addition to any punishment imposed, order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession, care or control of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the person who has been convicted. Order for forfeiture on application of inspector (3) Without prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty in right of Canada, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which a provision of this Act or the regulations has been contravened. On the making of the order, the article or thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the owner of the article or the person having possession, care or control of it at the time of its seizure. R.S., 1985, c. F-27, s. 27; 1992, c. 1, s. 145(F); 1994, c. 38, s. 19; 1995, c. 1, s. 62; 1996, c. 8, s. 23.2; 1997, c. 6, s. 64; 2016, c. 9, s. 6
Food and Drugs Act — F-27 27.1
Unlawful imports 27.1 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device, the opportunity to take a measure in respect of it. Factors (2) In making a decision under subsection (1), the inspector shall consider, among other factors: (a) whether the food, drug, cosmetic or device presents a risk of injury to health or safety; and (b) any other prescribed factors. Duty of inspector (3) If the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the food, drug, cosmetic or device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations. Measures that may be taken and notice (4) However, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device that they may take that measure within the period specified by the inspector or other inspector, as the case may be. Forfeiture (5) If a person is notified under subsection (4) that they may consent to the forfeiture of the food, drug, cosmetic or device and the person consents to its forfeiture, the food, drug, cosmetic or device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense. 2016, c. 9, s. 6
Food and Drugs Act — F-27 27.2
Removal or destruction 27.2 (1) An inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food, drug, cosmetic or device is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense. Notice (2) The notice must be delivered personally to the owner or importer of the food, drug, cosmetic or device, or the person having possession, care or control of it, or sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method. Forfeiture (3) If the food, drug, cosmetic or device is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered or sent — it is, despite section 26, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent. Suspension of application of subsection (3) (4) An inspector may, for the period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied that (a) the food, drug, cosmetic or device does not present a risk of injury to health; (b) the food, drug, cosmetic or device will not be sold within that period; (c) the measures that should have been taken for the food, drug, cosmetic or device not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; and (d) if the food, drug, cosmetic or device does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period. Cancellation (5) An inspector may cancel the notice if the inspector is satisfied that (a) the food, drug, cosmetic or device does not present a risk of injury to health; (b) the food, drug, cosmetic or device has not been sold within the period referred to in subsection (6); (c) the measures referred to in paragraph (4)(c) were taken within that period; and (d) if the food, drug, cosmetic or device did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period. Period (6) The period for the purposes of subsection (5) is (a) if the application of subsection (3) was suspended under subsection (4), the period of the suspension; and (b) if the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered or sent. Non-application of Statutory Instruments Act (7) The Statutory Instruments Act does not apply to the notice. 2016, c. 9, s. 6
Food and Drugs Act — F-27 27.3
Measures 27.3 (1) If the Minister has reasonable grounds to believe that a person has contravened, or is likely to contravene, this Act or the regulations, the Minister may order the person to take any measures that the Minister considers necessary to remedy the contravention or prevent it. Duty to take measures (2) A person that is ordered to take measures shall take them. 2019, c. 29, s. 171
Food and Drugs Act — F-27 28
Analysts 28 The Minister may designate any individual as an analyst for the purposes of the administration and enforcement of this Act. R.S., 1985, c. F-27, s. 28; 2016, c. 9, s. 6
Food and Drugs Act — F-27 29
Analysis and examination 29 (1) An inspector may submit to an analyst, for analysis or examination, any article seized by the inspector, any sample therefrom or any sample taken by the inspector. Costs (1.1) The analysis or examination of any article seized, or of any sample, shall be at the expense of (a) in respect of an article seized or a sample taken from it, the owner of the article or the person having possession, care or control of the article at the time of its seizure; or (b) in respect of a sample taken by the inspector, the owner of the article from which the sample was taken or the person having possession, care or control of it at the time the sample was taken. Certificate or report (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination. R.S., 1985, c. F-27, s. 29; 2016, c. 9, s. 7
Food and Drugs Act — F-27 29.1
List 29.1 (1) Subject to the regulations, the Minister may establish a list that sets out prescription drugs, classes of prescription drugs or both. Statutory Instruments Act (2) The list is not a regulation within the meaning of the Statutory Instruments Act . 2012, c. 19, s. 413
Food and Drugs Act — F-27 30
1) of the World Trade Organization Agreement Implementation Act . ( Accord sur l’OMC ) Regulations to implement General Council Decision (5) Without limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing the General Council Decision. Definitions (6) The definitions in this subsection apply in this subsection and in subsection (5). General Council means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Conseil général ) General Council Decision means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. ( décision du Conseil général ) TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Accord sur les ADPIC ) WTO means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( OMC ) R.S., 1985, c. F-27, s. 30; 1993, c. 44, s. 158; 1994, c. 47, s. 117; 1999, c. 33, s. 347; 2004, c. 23, s. 2; 2005, c. 42, s. 2; 2012, c. 19, ss. 414, 415; 2014, c. 24, ss. 6, 14(E); 2016, c. 9, s. 8 2019, c. 29, s. 172 2020, c. 1, s. 58 2020, c. 5, s. 33 2021, c. 7, s. 9 2023, c. 12, s. 67 2023, c. 26, s. 506 2024, c. 17, s. 325
Food and Drugs Act — F-27
Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act ; ( Accord Canada–États-Unis–Mexique )
Food and Drugs Act — F-27
North American Free Trade Agreement [Repealed, 2020, c. 1, s. 58]
Food and Drugs Act — F-27
WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act . ( Accord sur l’OMC )
Food and Drugs Act — F-27
General Council means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Conseil général )
Food and Drugs Act — F-27
General Council Decision means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. ( décision du Conseil général )
Food and Drugs Act — F-27
TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( Accord sur les ADPIC )
Food and Drugs Act — F-27
WTO means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. ( OMC )
Food and Drugs Act — F-27 30.01
Supplementary rules — therapeutic product 30.01 (1) Subject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a therapeutic product, other than the intended use, may present a risk of injury to health, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the therapeutic product for the purpose of preventing, managing or controlling the risk of injury to health. Promotion (2) For greater certainty, the Minister may, in the order, establish rules for the purpose of preventing the therapeutic product from being promoted for a use, other than the intended use, of a therapeutic product or preventing a use, other than the intended use, of a therapeutic product from being appealing. Uncertainty (3) The Minister may make the order despite any uncertainty respecting the risk of injury to health that the use of the therapeutic product, other than the intended use, may present. 2024, c. 17, s. 326
Food and Drugs Act — F-27 30.02
Supplementary rules — drug intended for animal 30.02 (1) Subject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a drug intended for an animal of a particular species, including a use other than the intended use, may present a risk of adverse effects to human beings, animals of a different species or the environment, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the drug for the purpose of preventing, managing or controlling the risk of adverse effects. Uncertainty (2) The Minister may make the order despite any uncertainty respecting the risk of adverse effects that the use of the drug, including a use other than the intended use, may present. 2024, c. 17, s. 326
Food and Drugs Act — F-27 30.03
Statutory Instruments Act 30.03 An order made under subsection 30.01(1) or 30.02(1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act . 2024, c. 17, s. 326
Food and Drugs Act — F-27 30.04
Availability — person-specific orders 30.04 The Minister must ensure that any order made under subsection 30.01(1) or 30.02(1) that applies to only one person is publicly available but may exclude personal information and confidential business information from the order. 2024, c. 17, s. 326
Food and Drugs Act — F-27 30.05
Exemption — foods and therapeutic products 30.05 (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 — other than in relation to cosmetics — a class of foods, therapeutic products, persons or activities from the application of all or any of the provisions of Part I, section 37 or the regulations. Preconditions (2) The Minister may make an 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. Obligation to comply with conditions (3) Any person to whom a condition applies must comply with that condition. 2024, c. 17, s. 326