Food and Drug Regulations (C.R.C., c. 870)

Regulations are current to 2017-09-27 and last amended on 2017-06-20. Previous Versions

DIVISION 10Access to Drugs in Exceptional Circumstances

  •  (1) The following definitions apply in this section.

    foreign regulatory authority

    foreign regulatory authority means a government agency or other entity outside Canada that has a legal right to control the manufacturing, use or sale of drugs within its jurisdiction. (autorité réglementaire étrangère)

    public health official

    public health official means

    • (a) the Chief Public Health Officer appointed under subsection 6(1) of the Public Health Agency of Canada Act;

    • (b) the Chief Medical Officer of Health, or equivalent, of a province;

    • (c) the Surgeon General of the Canadian Armed Forces; or

    • (d) the Chief Medical Officer of Public Health for the First Nations and Inuit Health Branch of the Department of Health. (responsable de la santé publique)

  • (2) Despite sections A.01.040 and C.01.004.1, any person who holds an establishment licence that authorizes the importation of a drug may import a drug for which a notice of compliance has not been issued under section C.08.004 or C.08.004.01, or for which a drug identification number has not been assigned under subsection C.01.014.2(1), if the following conditions are met:

    • (a) a public health official has, within the past year, notified the Minister in writing of

      • (i) an urgent public health need for the immediate use of the drug within their jurisdiction, and

      • (ii) the intended use or purpose of the drug;

    • (b) the drug is authorized by a foreign regulatory authority in the United States, Switzerland or the European Union to be sold for the same use or purpose as that described under subparagraph (a)(ii);

    • (c) the drug is in the same category as the category for which the licence was issued;

    • (d) the drug is imported directly from the country in which it is authorized to be sold by the foreign regulatory authority; and

    • (e) the drug is one for which the following information is set out in the List of Drugs for an Urgent Public Health Need that is published by the Government of Canada on its website, as amended from time to time:

      • (i) brand name,

      • (ii) medicinal ingredients,

      • (iii) dosage form,

      • (iv) strength,

      • (v) route of administration, and

      • (vi) identifying code or number, if any, assigned in the country in which the drug was authorized for sale.

  • (3) Sections C.01A.006 and C.01A.007 do not apply in respect of the importation of a drug under subsection (2).

  • (4) For greater certainty, a licensee may, despite subsection C.01A.004(1), import a drug under subsection (2) without having their licence amended under section C.01A.006.

  • (5) Divisions 2 to 4, other than the following provisions, do not apply to the importation of a drug under subsection (2):

    • (a) sections C.02.003.1 and C.02.004 as they apply to the storage of the drug by the licensee;

    • (b) section C.02.006;

    • (c) subsection C.02.012(1);

    • (d) sections C.02.013 and C.02.014;

    • (e) section C.02.015 as it applies to the storage and transportation of the drug by the licensee;

    • (f) subsection C.02.021(1) as it applies to the storage of the drug by the licensee;

    • (g) subsection C.02.022(1);

    • (h) section C.02.023;

    • (i) subsections C.02.024(1) and C.02.025(1);

    • (j) section C.03.013; and

    • (k) section C.04.001.1 as it applies to the storage of the drug by the licensee.

  • SOR/2017-133, s. 2.
  •  (1) A sale of a drug that is imported under subsection C.10.001(2) is exempt from the provisions of these Regulations only if the drug is sold, within the jurisdiction of a public health official who has notified the Minister as described in paragraph C.10.001(2)(a), for use in respect of the same urgent public health need for which it was imported.

  • (2) Any person who wholesales such a drug must hold an establishment licence to wholesale a drug in the same category and despite subsection (1), the following provisions apply in respect of the wholesale:

    • (a) sections C.02.003.1 and C.02.004 as they apply to the storage of the drug by the licensee;

    • (b) section C.02.006 as it applies to the storage of the drug by the licensee;

    • (c) subsection C.02.012(1);

    • (d) section C.02.013;

    • (e) section C.02.015 as it applies to the storage and transportation of the drug by the licensee;

    • (f) subsection C.02.022(1);

    • (g) section C.02.023; and

    • (h) subsection C.02.024(1).

  • SOR/2017-133, s. 2.

 Every licensee who imports a drug under subsection C.10.001(2) must notify the Minister within 15 days after the day on which it is imported by providing the following information:

  • (a) the name, title and contact information of the person who imported the drug;

  • (b) the brand name of the drug;

  • (c) the medicinal ingredients, strength, dosage form, route of administration and the identifying code or number, if any assigned in the country in which the drug was authorized for sale;

  • (d) the name of the country from which the drug was imported; and

  • (e) the total quantity of the drug imported.

  • SOR/2017-133, s. 2.
  •  (1) For the purposes of section 21.8 of the Act, the prescribed health care institutions that must provide information to the Minister about a serious adverse drug reaction that involves a drug imported under subsection C.10.001(2) are the health care institutions authorized by the laws of a province to provide acute care services.

  • (2) The following prescribed information about a serious adverse drug reaction must be provided to the Minister in writing within 30 days after the day on which the reaction is first documented:

    • (a) the name of the health care institution and the contact information of a representative of that institution;

    • (b) the name and identifying number or code of the drug that is suspected of causing the reaction; and

    • (c) a description of the serious adverse drug reaction.

  • SOR/2017-133, s. 2.

PART DVitamins, Minerals and Amino Acids

  •  (1) In this Part,

    advertise

    advertise means to advertise to the general public; (faire de la publicité)

    brand name

    brand name means, with reference to a drug, the name, whether or not including the name of any manufacturer, corporation, partnership or individual, in English or French,

    • (a) that is assigned to the drug by its manufacturer,

    • (b) under which the drug is sold or advertised, and

    • (c) that is used to distinguish the drug; (marque nominative)

    common name

    common name means, with reference to a salt or derivative of a vitamin, the name in English or French by which the salt or derivative is

    • (a) commonly known, and

    • (b) designated in scientific or technical journals; (nom usuel)

    prepackaged product

    prepackaged product means any food that is contained in a package in the manner in which it is ordinarily sold to, or used or purchased by, a person; (produit préemballé)

    reasonable daily intake

    reasonable daily intake, in respect of a food named in an item in Column I of Schedule K, means the amount of that food set out in Column II of that item; (ration quotidienne normale)

    recommended daily intake

    recommended daily intake[Repealed, SOR/2016-305, s. 61]

    Table of Daily Values

    Table of Daily Values has the same meaning as in subsection B.01.001(1); (Tableau des valeurs quotidiennes)

    Table of Reference Amounts

    Table of Reference Amounts has the same meaning as in subsection B.01.001(1); (Tableau des quantités de référence)

    testimonial

    testimonial, with respect to a food or drug that is represented as containing a vitamin, mineral nutrient or mineral, means any dramatized or undramatized pictorial, written or oral representation as to the result that is, has been or may be produced by the addition to a person’s diet of that vitamin, mineral nutrient or mineral, as the case may be; (témoignage)

    weighted recommended nutrient intake

    weighted recommended nutrient intake means, in respect of a vitamin or mineral nutrient, the amount of the vitamin or mineral nutrient set out in Table II to Division 1 and Table II to Division 2. (apport nutritionnel recommandé pondéré)

  • (2) For the purposes of this Part, a serving of stated size of a food shall be

    • (a) based on the food as offered for sale;

    • (b) in either of the following cases, the net quantity of the food in the package:

      • (i) if the quantity of food in the package can reasonably be consumed by one person at a single eating occasion, or

      • (ii) if the package contains less than 200% of the reference amount for the food; and

    • (c) in all other cases, the amount indicated for the food according to the criteria set out in column 3A of the Table of Reference Amounts.

  • (3) A serving of stated size of a food shall be expressed as follows:

    • (a) in the case of a single-serving prepackaged product to which paragraph (2)(b) applies, per package and using the following units:

      • (i) in grams, if the net quantity of the food is shown on the label by weight or by count, and

      • (ii) in millilitres, if the net quantity of the food is shown on the label by volume; and

    • (b) in the case of a multiple-serving prepackaged product to which paragraph (2)(c) applies, according to the following units set out in column 3B of the Table of Reference Amounts and according to the manner set out in that column:

      • (i) the household measure that applies to the product, and

      • (ii) the metric measure that applies to the product.

  • SOR/88-559, s. 31;
  • SOR/93-202, s. 31;
  • SOR/96-259, s. 3;
  • SOR/2003-11, s. 27;
  • SOR/2016-305, s. 61.
 
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