Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 26R.S., c. P-4Patent Act (continued)
Amendments to the Act (continued)
498 (1) Subsection 116(2) of the Act is replaced by the following:
Marginal note:Taking effect
(2) A certificate of supplementary protection takes effect on the expiry of the term referred to in section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and is not void before, the expiry of that term.
(2) Section 116 of the Act is amended by adding the following after subsection (5):
Marginal note:For greater certainty
(6) For greater certainty, the certificate’s term runs concurrently with any additional term granted under section 46.1.
Coming into Force
Marginal note:January 1, 2025 or order in council
499 The provisions of this Division come into force on January 1, 2025 or on any earlier day or days to be fixed by order of the Governor in Council.
DIVISION 27R.S., c. F-27Food and Drugs Act (Natural Health Products)
Amendments to the Act
500 The definition therapeutic product in section 2 of the Food and Drugs Act is replaced by the following:
- therapeutic product
therapeutic product means a drug or device or any combination of drugs and devices; (produit thérapeutique)
501 (1) The Act is amended by adding the following after section 21.32:
Marginal note:Definition of therapeutic product
21.321 Despite the definition therapeutic product in section 2, in sections 21.31 and 21.32 therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations.
(2) Section 21.321 of the Act is repealed.
502 (1) Section 21.8 of the Act is renumbered as subsection 21.8(1) and is amended by adding the following:
Marginal note:Definition of therapeutic product
(2) Despite the definition therapeutic product in section 2, in subsection (1) therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations.
(2) Subsection 21.8(2) of the Act is repealed.
Transitional Provision
Marginal note:Authorizations and licences
503 The definition therapeutic product authorization in section 2 of the Food and Drugs Act also includes
(a) an authorization, including a licence, that was issued, before the day on which this section comes into force, under the regulations made under that Act and that authorizes, as the case may be, the import, sale, manufacture, packaging or labelling of a natural health product, within the meaning of the Natural Health Products Regulations as those Regulations read immediately before that day; or
(b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended.
Coming into Force
Marginal note:Order in council
504 (1) Subsection 501(2) comes into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council
(2) Subsection 502(2) comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 28R.S., c. F-27Food and Drugs Act (Cosmetics Testing on Animals)
Amendments to the Act
505 The Food and Drugs Act is amended by adding the following after section 16:
Marginal note:Prohibited sales — animal testing
16.1 (1) No person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal.
Marginal note:Exceptions
(2) The prohibition in subsection (1) does not apply if
(a) the Government of Canada has published the data in a scientific journal or on a Government of Canada website;
(b) the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic;
(c) the following conditions are met:
(i) the data is derived from a test that was conducted on a substance in order to meet
(A) a requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, or
(B) a requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted,
(ii) the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, and
(iii) the test was necessary to meet the requirement in order to sell the product in that country;
(d) the data is derived from a test that was conducted before the day on which this section comes into force;
(e) the cosmetic was sold in Canada at any time before the day on which this section comes into force; or
(f) any prescribed circumstance applies.
Marginal note:Prohibition — animal testing
16.2 No person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state.
Marginal note:Prohibited claims — animal testing
16.3 (1) No person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day.
Marginal note:Provision of evidence
(2) A person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection.
506 (1) Subsection 30(1) of the Act is amended by adding the following after paragraph (h):
(h.01) respecting the provision to the Minister of evidence under subsection 16.3(2);
(2) Section 30 of the Act is amended by adding the following after subsection (1.4):
Marginal note:Regulations — animal testing
(1.5) 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 preventing, in respect of cosmetics, the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, or preventing the purchaser or consumer of a cosmetic from being deceived or misled in respect of whether the cosmetic was tested on animals.
Coming into Force
Marginal note:Six months after royal assent
507 This Division comes into force on the day that, in the sixth month after the month in which this Act receives royal assent, has the same calendar number as the day on which this Act receives royal assent or, if that sixth month has no day with that number, the last day of that sixth month.
DIVISION 29Dental Care Measures Act
Marginal note:Enactment of Act
508 The Dental Care Measures Act is enacted as follows:
An Act respecting certain matters in relation to the Canadian Dental Care Plan
Short Title
Marginal note:Short title
1 This Act may be cited as the Dental Care Measures Act.
Definition
Marginal note:Definition of Canadian Dental Care Plan
2 In this Act, Canadian Dental Care Plan means the plan established under the authority of the Department of Health Act in respect of dental service for individuals.
His Majesty
Marginal note:Binding on His Majesty
3 This Act is binding on His Majesty in right of Canada or a province.
Reporting
Marginal note:Obligation
4 (1) Every person who is required to make an information return in prescribed form under subsection 200(1) of the Income Tax Regulations in respect of a payment referred to in paragraph 153(1)(a) or (b) of the Income Tax Act must, in the information return for every person (in this section referred to as the “payee”) in respect of whom the payment is made, indicate whether the payee or any of their family members were, on December 31 of the taxation year to which the information return relates, eligible in respect of the payee’s employment or former employment, or that of the payee’s spouse or common-law partner, to access any dental care insurance, or coverage of dental services of any kind, offered by the person.
Marginal note:Application
(2) Subsection (1) applies only in respect of the 2023 and subsequent taxation years.
Marginal note:Definition of family member
(3) In this section, family member, in respect of a payee, means
(a) the payee’s spouse or common-law partner;
(b) a child of the payee (including a child of the payee’s spouse or common-law partner) who is under the age of 18 years; and
(c) a child of the payee (including a child of the payee’s spouse or common-law partner) who is 18 years of age or older and dependent, by reason of mental or physical infirmity, on the payee for support.
Marginal note:Information return
5 For the purposes of assisting the Minister of Health in the administration and enforcement of the Canadian Dental Care Plan, the Minister of National Revenue may, in the information return that a person is required to make under subsection 200(1) of the Income Tax Regulations, ask for the information required under subsection 4(1) of this Act and, for those purposes, may collect that information.
Marginal note:Purpose of information obtained
6 Any information obtained under subsection 4(1) is information obtained for the purposes of the administration and enforcement of the Canadian Dental Care Plan and not for the purposes of the Income Tax Act.
Disclosure of Information
Marginal note:Disclosure of information
7 The Minister of National Revenue or any person acting on behalf of that Minister may provide any information collected under section 5
(a) to the Minister of Health, for the purposes of the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan; and
(b) to an official of the Department of Employment and Social Development, for the purposes of assisting the Minister of Health in the administration and the enforcement of the Canadian Dental Care Plan or the formulation or evaluation of policy for that plan.
Violations
Marginal note:Violations
8 (1) A person commits a violation if they
(a) fail to comply with subsection 4(1) in respect of any person in respect of whom the income return referred to in that subsection is to be made; or
(b) knowingly make, in the information return referred to in that subsection, a representation that is false or misleading in relation to the information required under that subsection in respect of any person.
Marginal note:Penalty
(2) The Minister of Health may impose a penalty of $100 on a person for each violation if that Minister is of the opinion that the person has committed a violation.
Marginal note:Purpose of penalty
(3) The purpose of the penalty is to promote compliance with this Act and not to punish.
Marginal note:Limitation on imposition of penalty
9 A penalty must not be imposed under section 8 if more than three years have passed since the day on which the act that would constitute the violation occurred.
Marginal note:Rescission or reduction of penalty
10 The Minister of Health may rescind the imposition of a penalty under section 8, or reduce the penalty, on the presentation of new facts or on being of the opinion that the penalty was imposed without knowledge of, or on the basis of a mistake as to, some material fact.
Marginal note:Recovery as debt due to His Majesty
11 A penalty imposed under section 8 constitutes a debt due to His Majesty and the debt is payable and may be recovered by the Minister of Health as of the day on which the penalty is imposed.
Social Insurance Number
Marginal note:Social Insurance Number
12 The Minister of Health is authorized to collect and use, for the purposes of the administration and enforcement of the Canadian Dental Care Plan, the Social Insurance Number of a person who makes an application under the plan.
- Date modified: