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

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Act current to 2019-05-22 and last amended on 2018-05-23. Previous Versions

PART IFoods, Drugs, Cosmetics and Devices (continued)

Therapeutic Products (continued)

Marginal note:Statutory Instruments Act

  •  (1) For greater certainty, orders made under any of sections 21.1 to 21.32 are not statutory instruments within the meaning of the Statutory Instruments Act.

  • Marginal note:Availability of orders

    (2) The Minister shall ensure that any order made under any of sections 21.1 to 21.32 is publicly available.

  • 2014, c. 24, ss. 3, 4

Marginal note:Injunction

  •  (1) If, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do anything that constitutes or is directed toward the commission of an offence under this Act in respect of a therapeutic product, the court may issue an injunction ordering the person, who is to be named in the application, to

    • (a) refrain from doing anything that it appears to the court may constitute or be directed toward the commission of the offence; or

    • (b) do anything that it appears to the court may prevent the commission of the offence.

  • Marginal note:Notice

    (2) No injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.

  • 2014, c. 24, s. 3

Marginal note:False or misleading information — therapeutic products

 No person shall knowingly make a false or misleading statement to the Minister  —  or knowingly provide him or her with false or misleading information  —  in connection with any matter under this Act concerning a therapeutic product.

  • 2014, c. 24, s. 3

Marginal note:Terms and conditions of authorizations

 The holder of a therapeutic product authorization shall comply with the terms and conditions of the authorization that are imposed under regulations made under paragraph 30(1.2)(b).

  • 2014, c. 24, s. 3

Marginal note:Clinical trials and investigational tests

 The holder of a therapeutic product authorization referred to in paragraph 30(1.2)(c) shall ensure that prescribed information concerning the clinical trial or investigational test is made public within the prescribed time and in the prescribed manner.

  • 2014, c. 24, s. 3

Marginal note:Health care institutions to provide information

 A prescribed health care institution shall provide the Minister, within the prescribed time and in the prescribed manner, with prescribed information that is in its control about a serious adverse drug reaction that involves a therapeutic product or a medical device incident that involves a therapeutic product.

  • 2014, c. 24, s. 5

PART IIAdministration and Enforcement

Inspection, Seizure and Forfeiture

Marginal note:Inspectors

  •  (1) For the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.

  • Marginal note:Certificate to be produced

    (2) An inspector shall be given a certificate in a form established by the Minister or the President of the Canadian Food Inspection Agency attesting to the inspector’s designation and, on entering any place pursuant to subsection 23(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.

  • R.S., 1985, c. F-27, s. 22
  • 1997, c. 6, s. 63
  • 2016, c. 9, s. 4

Marginal note:Powers of inspectors

  •  (1) Subject to subsection (1.1), an inspector may at any reasonable time enter any place where the inspector believes on reasonable grounds any article to which this Act or the regulations apply is manufactured, prepared, preserved, packaged or stored, and may

    • (a) examine any such article and take samples thereof, and examine anything that the inspector believes on reasonable grounds is used or capable of being used for that manufacture, preparation, preservation, packaging or storing;

    • (a.1) enter any conveyance that the inspector believes on reasonable grounds is used to carry any article to which section 6 or 6.1 applies and examine any such article found therein and take samples thereof;

    • (b) open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply;

    • (c) examine and make copies of, or extracts from, any books, documents or other records found in any place referred to in this subsection that the inspector believes on reasonable grounds contain any information relevant to the enforcement of this Act with respect to any article to which this Act or the regulations apply; and

    • (d) seize and detain for such time as may be necessary any article by means of or in relation to which the inspector believes on reasonable grounds any provision of this Act or the regulations has been contravened.

  • Marginal note:Warrant required to enter dwelling-house

    (1.1) Where any place mentioned in subsection (1) is a dwelling-house, an inspector may not enter that dwelling-house without the consent of the occupant except under the authority of a warrant issued under subsection (1.2).

  • Marginal note:Authority to issue warrant

    (1.2) Where on ex parte application a justice of the peace is satisfied by information on oath

    • (a) that the conditions for entry described in subsection (1) exist in relation to a dwelling-house,

    • (b) that entry to the dwelling-house is necessary for any purpose relating to the administration or enforcement of this Act, and

    • (c) that entry to the dwelling-house has been refused or that there are reasonable grounds for believing that entry thereto will be refused,

    the justice of the peace may issue a warrant under his hand authorizing the inspector named therein to enter that dwelling-house subject to such conditions as may be specified in the warrant.

  • Marginal note:Use of force

    (1.3) In executing a warrant issued under subsection (1.2), the inspector named therein shall not use force unless the inspector is accompanied by a peace officer and the use of force has been specifically authorized in the warrant.

  • Definition of article to which this Act or the regulations apply

    (2) In subsection (1), article to which this Act or the regulations apply includes

    • (a) any food, drug, cosmetic or device;

    • (b) anything used for the manufacture, preparation, preservation, packaging or storing thereof; and

    • (c) any labelling or advertising material.

  • Marginal note:Assistance and information to be given inspector

    (3) The owner or person in charge of a place entered by an inspector pursuant to subsection (1) and every person found therein shall give the inspector all reasonable assistance and furnish the inspector with any information he may reasonably require.

  • R.S., 1985, c. F-27, s. 23
  • R.S., 1985, c. 31 (1st Supp.), s. 11, c. 27 (3rd Supp.), s. 2

Marginal note:Obstruction and false statements

  •  (1) No person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations.

  • Marginal note:Interference

    (2) Except with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Part.

  • R.S., c. F-27, ss. 22, 37

Marginal note:Storage, movement and disposal

 An inspector may, in respect of any article seized under this Part,

  • (a) on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;

  • (b) order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; or

  • (c) order its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — if

    • (i) the article is perishable, or

    • (ii) the inspector is of the opinion that the article presents a risk of injury to health or safety and that its disposal is necessary to respond to the risk.

  • R.S., 1985, c. F-27, s. 25
  • 2016, c. 9, s. 5
 
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