Budget Implementation Act, 2024, No. 1 (S.C. 2024, c. 17)

• 327 (1) Section 30.05 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Exemption — person

    (1.1) Subject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, on any conditions that the Minister considers necessary, exempt a person — or any food, therapeutic product or activity, or any class of foods, therapeutic products or activities, in relation to a person — from the application of all or any of the provisions of Part I, section 37 or the regulations. The order cannot relate to cosmetics.

• (2) The portion of subsection 30.05(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Preconditions

    (2) The Minister may make an order under subsection (1) or (1.1) only if the Minister believes on reasonable grounds that

• (3) Section 30.05 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Statutory Instruments Act

    (4) An order made under subsection (1.1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act.

  • Marginal note:Availability — person-specific orders

    (5) The Minister must ensure that any order made under subsection (1.1) is publicly available but may exclude personal information and confidential business information from the order.

328 The Act is amended by adding the following after section 30.05:

329 Subsection 30.1(5) of the Act is replaced by the following:

330 The heading before section 30.2 and sections 30.2 to 30.4 of the Act are repealed.

• 331 (1) Section 30.5 of the Act is replaced by the following:

  Marginal note:Incorporation by reference

  • 30.5 (1) The following instruments may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time:

    • (a) a regulation made under this Act with respect to a food or therapeutic product;

    • (b) a marketing authorization; and

    • (c) an order made under subsection 30.63(1).

  • Marginal note:Accessibility of incorporated documents

    (2) The Minister shall ensure that any document that is incorporated by reference is accessible.

  • Marginal note:Defence

    (3) A person is not liable to be found guilty of an offence for any contravention in respect of which a document that is incorporated by reference is relevant unless, at the time of the alleged contravention, the document was accessible as required by subsection (2) or it was otherwise accessible to the person.

  • Marginal note:No registration or publication

    (4) For greater certainty, a document that is incorporated by reference is not required to be transmitted for registration or published in the Canada Gazette by reason only that it is incorporated by reference.

• (2) Subsection 30.5(1) of the Act is replaced by the following:

  Marginal note:Incorporation by reference

  • 30.5 (1) A regulation made under this Act with respect to a food or therapeutic product and an order made under subsection 30.63(1) may incorporate by reference any document, regardless of its source, either as it exists on a particular date or as it is amended from time to time.

Transitional Provision

Marginal note:Marketing authorizations

332 Marketing authorizations issued under section 30.2 or 30.3 of the Food and Drugs Act, as those sections read immediately before the day on which section 330 comes into force, that have not been repealed before that day are deemed to be made under subsection 30.05(1) of that Act.

Coming into Force

Marginal note:Order in council

333 Subsection 325(2), sections 327 and 330 and subsection 331(2) come into force on a day or days to be fixed by order of the Governor in Council.

DIVISION 321997, c. 13; 2018, c. 9, s. 2Tobacco and Vaping Products Act

Amendment to the Act

334 The Tobacco and Vaping Products Act is amended by adding the following after section 42.5:

Coordinating Amendment

Marginal note:Bill C-59

335 If Bill C-59, introduced in the 1st session of the 44th Parliament and entitled Fall Economic Statement Implementation Act, 2023, receives royal assent, then section 42.5 of the Tobacco and Vaping Products Act is replaced by the following:

DIVISION 33R.S., c. C-46Criminal Code (Criminal Interest Rate)

Amendments to the Act

• 336 (1) The portion of subsection 347(1) of the Criminal Code before paragraph (a) is replaced by the following:

  Marginal note:Criminal interest rate

  • 347 (1) Despite any other Act of Parliament, every person who enters or offers to enter into an agreement or arrangement to receive interest at a criminal rate, who advertises an offer to enter into an agreement or arrangement that provides for the receipt of interest at a criminal rate or who receives a payment or partial payment of interest at a criminal rate is

• (2) The definitions credit advanced and interest in subsection 347(2) of the Act are replaced by the following:

  credit advanced

  credit advanced means the aggregate of the money and the monetary value of any goods, services or benefits actually advanced or to be advanced under an agreement or arrangement, or that would be advanced if an agreement or arrangement — as offered, including in an advertisement — was entered into, minus the aggregate of any required deposit balance and any fee, fine, penalty, commission and other similar charge or expense directly or indirectly incurred under the original or any collateral agreement or arrangement; (capital prêté)

  interest

  interest means the aggregate of all charges and expenses, whether in the form of a fee, fine, penalty, commission or other similar charge or expense or in any other form, paid or payable for the advancing of credit under an agreement or arrangement, or that would be paid or payable if such an agreement or arrangement was entered into, by or on behalf of the person to whom the credit is or is to be advanced, or would be advanced, irrespective of the person to whom any such charges and expenses are or are to be paid or payable, or would be paid or payable, but does not include any repayment of credit advanced or any insurance charge, official fee, overdraft charge, required deposit balance or, in the case of a mortgage or hypothec transaction, any amount required to be paid on account of property taxes; (intérêt)

• (3) Subsection 347(7) of the Act is repealed.

337 The portion of subsection 347.1(2) of the Act before paragraph (b) is replaced by the following:

Coordinating Amendments

Marginal note:2023, c. 26

• 338 (1) In this section, other Act means the Budget Implementation Act, 2023, No. 1.

• (2) If section 611 of the other Act comes into force before subsection 336(1) of this Act, then, on the day on which that subsection 336(1) comes into force, section 347.01 of the Criminal Code is replaced by the following:

  Marginal note:Non-application — agreements or arrangements

  • 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.

  • Marginal note:Non-application — offers and advertisements

    (1.1) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.

  • Marginal note:Regulations

    (2) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for

    • (a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or

    • (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.

• (3) If subsection 336(1) of this Act comes into force before section 611 of the other Act, then that section 611 is amended by replacing the section 347.01 that it enacts with the following:

  Marginal note:Non-application — agreements or arrangements

  • 347.01 (1) Section 347 does not apply in respect of agreements or arrangements provided for by regulation or in respect of offers, or advertisements of offers, provided for by regulation, to enter into an agreement or arrangement.

  • Marginal note:Non-application — offers and advertisements

    (2) Section 347 also does not apply in respect of offers, or advertisements of offers, to enter into an agreement or arrangement if, had the agreement or arrangement been entered into, it would have been considered to be provided for by regulation.

  • Marginal note:Regulations

    (3) The Governor in Council may, by regulation, on the recommendation of the Minister of Justice after consultation with the Minister of Finance, provide for

    • (a) the types of agreements or arrangements in respect of which section 347 does not apply or the criteria for determining the agreements or arrangements, or the types of agreements or arrangements, in respect of which that section does not apply; or

    • (b) the types of offers, or of advertisements of offers, to enter into an agreement or arrangement in respect of which section 347 does not apply or the criteria for determining the offers, or advertisements, or the types of offers, or of advertisements, in respect of which that section does not apply.

• (4) If section 611 of the other Act comes into force on the same day as subsection 336(1) of this Act, then that subsection 336(1) is deemed to have come into force before that section 611 and subsection (3) applies as a consequence.

• (5) If subsection 612(1) of the other Act comes into force before section 337 of this Act, then that section 337 is amended by adding, after the paragraph 347.1(2)(a) that it enacts, the following:

  • (a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation;

• (6) If section 337 of this Act comes into force before subsection 612(1) of the other Act, then that subsection 612(1) is amended by replacing the paragraph 347.1(2)(a.1) that it enacts with the following:

  • (a.1) the total cost of borrowing under the agreement does not or would not exceed the limit fixed by regulation;

• (7) If subsection 612(1) of the other Act comes into force on the same day as section 337 of this Act, then that subsection 612(1) is deemed to have come into force before that section 337 and subsection (5) applies as a consequence.