Food and Drugs Act (R.S.C., 1985, c. F-27)

Act current to 2015-11-16 and last amended on 2014-11-06. Previous Versions

Marginal note:Sentencing considerations

 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.
Marginal note:Parties to offence

 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.
Marginal note:Continuing offence

 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.
Marginal note:Limitation period
  •  (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.

  • Marginal note: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.
Marginal note:Venue

 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.
Marginal note:Want of knowledge
  •  (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.

  • Marginal note: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.