Definitions
  1. (1) In this Regulation, “brand” means any mark, word, name, symbol, design, device or graphical element, or a combination thereof, including a registered or unregistered trade-mark, which identifies a product and distinguishes it from other products; (“marque”) “collection location” means a location at which the collection of one or both of pharmaceuticals and sharps is provided for, for the purposes of one or both of sections 2 and 3; (“point de collecte”) “consumer” means an individual acting for personal, family or household purposes, including acting in respect of a companion animal; (“consommateur”) “designated material” means, in respect of a producer of a pharmaceutical or sharp, the items referred to in section 2 and subsection 3 (1) in respect of which the producer is required to provide for collection under one or both of sections 2 and 3; (“matériel désigné”) “importer” means a person who imports a pharmaceutical or sharp into Ontario for the purpose of sale; (“importateur”) “manufacturer” means a person who manufactures or processes a pharmaceutical or sharp for the purpose of sale; (“fabricant”) “pharmaceutical” means, subject to subsection (2), a drug within the meaning of section 2 of the Food and Drugs Act (Canada) that is sold to consumers in Ontario, whether it is sold by the producer of the pharmaceutical or by another person, and includes a natural health product within the meaning of the Natural Health Products Regulations made under that Act; (“produit pharmaceutique”) “producer” means, in respect of a pharmaceutical or sharp, the person who sells it in Ontario, as determined under subsection (3); (“producteur”) “sell” includes offer for sale, expose for sale, have in possession for sale and distribute; (“vendre”) “sharp” means a needle, safety engineered needle, lancet or other similar instrument that is designed to puncture the skin of individuals or companion animals for medical purposes and that is sold to consumers in Ontario, whether it is sold by the producer of the sharp or by another person, and includes anything affixed to the sharp, including a syringe; (“objet pointu”) “trade-mark” has the same meaning as in section 2 of the Trade-marks Act (Canada). (“marque de commerce”) O. Reg. 298/12, s. 1 (1). (2) For the purposes of this Regulation, a pharmaceutical does not include the following: 1.  A substance or mixture of substances manufactured, sold or represented for use in disinfection in premises in which food within the meaning of section 2 of the Food and Drugs Act (Canada) is manufactured, prepared or kept. 2.  A food within the meaning of section 2 of the Food and Drugs Act (Canada). 3.  A cosmetic within the meaning of section 2 of the Food and Drugs Act (Canada). 4.  Any of the following items, if the item does not contain a substance prescribed under the Drug and Pharmacies Regulation Act as being included in Schedule I established by the regulations made under that Act: i.  A contact lens disinfectant. ii.  An anti-dandruff product, including shampoo. iii.  An anti-perspirant. iv.  A sunburn protectant. v.  A mouthwash. vi.  A fluoridated toothpaste. vii.  A lozenge for cough, sore throat or halitosis. viii.  A topical substance that does not contain antibiotics or anti-fungal agents. 5.  A radiopharmaceutical. O. Reg. 298/12, s. 1 (2). (3) For the purposes of the definition of producer in subsection (1), the producer of a pharmaceutical or sharp is, (a)  the manufacturer of the pharmaceutical or sharp, if it is sold to consumers in Ontario under a brand that the manufacturer owns, licenses or otherwise has rights to; (b)  if there is no person described in clause (a), the owner or licensee of the brand or the person who otherwise has rights to the brand under which the pharmaceutical or sharp is sold to consumers in Ontario; (c)  if there is no person described in clause (a) or (b), the importer of the pharmaceutical or sharp into Ontario; or (d)  if there is no person described in clause (a), (b) or (c), the first person who sells the pharmaceutical or sharp to another person in Ontario. O. Reg. 298/12, s. 1 (3).