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Marginal note:Definitions

• 1 (1) The following definitions apply in these Regulations.

  medical device

  medical device  has the same meaning as in section 1 of the Medical Devices Regulations. (instrument médical)

  natural health product

  natural health product  has the same meaning as in section 1 of the Natural Health Products Regulations. (produit de santé naturel)

  non-prescription drug

  non-prescription drug  means a drug for human use that meets all of the following criteria:

  • (a) it is neither set out in the prescription drug list, as amended from time to time, established under subsection 29.1(1) of the Food and Drugs Act, nor is part of a class of drugs that is set out in it;

  • (b) it does not contain a controlled substance, as defined in subsection 2(1) of the Controlled Drugs and Substances Act, the sale or provision of which is authorized under that Act; and

• Marginal note:Interpretation

  (2) For the purposes of these Regulations, the expressions drug, label, package and sell have the same meanings as in section 2 of the Food and Drugs Act.

Marginal note:Name of manufacturer

• 7 (1) Subsections 30.3(1) and (2) and section 30.4 of the Act do not apply in respect of, as the case may be, the promotion, use or display of the name of the manufacturer of a vaping product — in respect of which one of the following has been assigned or issued — in the case where the manufacturer does not sell or advertise a vaping product that is manufactured, sold or represented for a purpose other than for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings:

  [...]

• Marginal note:Definition of manufacturer

  (2) In subsection (1), manufacturer has the meaning assigned by the following provisions, as the case may be:

  [...]

3 The provisions of the Act, other than section 30.71, do not apply in respect of a vaping product that is a non-prescription drug, or a natural health product in respect of which a product licence has been issued under section 7 of the Natural Health Products Regulations, that meets all of the following criteria:

• (a) it is administered to the body by means of a medical device other than an active device, as defined in section 1 of the Medical Devices Regulations;

• (b) its administration to the body does not depend on a source of energy other than energy generated by the human body or gravity, such as heat, pressure, chemical reaction, magnetism or elastic energy;

Marginal note:Non-prescription drugs and natural health products

• [...]

• Marginal note:Exception

  (2) Subsection (1) does not apply to a non-prescription drug or natural health product referred to in, as the case may be, paragraph 2(a) or section 3.