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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART IIAdministration and Enforcement (continued)

Fees (continued)

Marginal note:Non-payment of fees

 The Minister may withdraw or withhold a service, the use of a facility, a regulatory process or approval or a product, right or privilege under this Act from any person who fails to pay the fee fixed for it under subsection 30.61(1).

  • 2017, c. 20, s. 317

Marginal note:Adjustment of amounts

  •  (1) An order made under subsection 30.61(1) may prescribe rules for the adjustment of the amount of the fee by any amounts or ratios that are referred to in the order, for the period that is specified in the order.

  • Marginal note:Notice of adjusted amount

    (2) The amount of a fee that is subject to an adjustment rule remains unadjusted for the specified period unless, before the beginning of that period, the Minister publishes a notice in the Canada Gazette that specifies the adjusted amount and the manner in which it was determined.

  • 2017, c. 20, s. 317

Marginal note:Service Fees Act

 The Service Fees Act does not apply to a fee fixed under subsection 30.61(1).

  • 2017, c. 20, s. 317

Costs

Marginal note:Recovery

  •  (1) Her Majesty in right of Canada may recover, as a debt due to Her Majesty in right of Canada, any costs incurred by Her Majesty in right of Canada in relation to anything required or authorized under this Act, including the inspection of a place or the analysis, examination, storage, movement, seizure, detention, forfeiture, disposal or release of an article.

  • Marginal note:Time limit

    (2) Proceedings to recover a debt due to Her Majesty in right of Canada under subsection (1) shall not be commenced later than five years after the debt became payable.

  • 2016, c. 9, s. 9

Marginal note:Certificate of default

  •  (1) Any debt that may be recovered under subsection 30.7(1) in respect of which there is a default of payment, or the part of any such debt that has not been paid, may be certified by the Minister.

  • Marginal note:Judgment

    (2) On production to the Federal Court, a certificate made under subsection (1) shall be registered in that Court and, when registered, has the same force and effect, and all proceedings may be taken on the certificate, as if it were a judgment obtained in that Court for a debt of the amount specified in the certificate and all reasonable costs and charges attendant in the registration of the certificate.

  • 2016, c. 9, s. 9

Offences and Punishment

Marginal note:Contravention of Act or regulations

 Subject to sections 31.1, 31.2 and 31.4, every person who contravenes any of the provisions of this Act or of the regulations, or fails to do anything the person was ordered to do by an inspector under section 25 or 27.2, is guilty of an offence and liable

  • (a) on summary conviction for a first offence to a fine not exceeding five hundred dollars or to imprisonment for a term not exceeding three months or to both and, for a subsequent offence, to a fine not exceeding one thousand dollars or to imprisonment for a term not exceeding six months or to both; and

  • (b) on conviction on indictment to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding three years or to both.

  • R.S., 1985, c. F-27, s. 31
  • 1996, c. 19, s. 77
  • 1997, c. 6, ss. 65, 91
  • 2014, c. 24, s. 8
  • 2016, c. 9, s. 10

Marginal note:Offences relating to food

  •  (1) Every person who contravenes any provision of this Act or the regulations, as it relates to food, is guilty of an offence and liable

    • (a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

    • (b) on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.

  • Marginal note:Clarification

    (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act:

    • (a) section 3, if the contravention of that section involves food;

    • (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to food or a sample that is or relates to food;

    • (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to food;

    • (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to food;

    • (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to food;

    • (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to food; and

    • (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to food.

  • 1997, c. 6, s. 66
  • 2019, c. 29, s. 173

Marginal note:Offences relating to therapeutic products

  •  (1) Subject to section 31.4, every person who contravenes any provision of this Act or the regulations, as it relates to a therapeutic product, or an order made under any of sections 21.1 to 21.32 is guilty of an offence and liable

    • (a) on conviction by indictment, to a fine not exceeding $5,000,000 or to imprisonment for a term not exceeding two years or to both; and

    • (b) on summary conviction, for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding six months or to both and, for a subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 18 months or to both.

  • Marginal note:Clarification

    (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act:

    • (a) section 3, if the contravention of that section involves a therapeutic product;

    • (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product;

    • (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product;

    • (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product;

    • (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product;

    • (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and

    • (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product.

  • 2014, c. 24, ss. 9, 10
  • 2019, c. 29, s. 174

Marginal note:Due diligence

 Due diligence is a defence in a prosecution for an offence under this Act, other than an offence under section 31.4.

  • 2014, c. 24, s. 9

Marginal note:Offences — section 21.6 and serious risk

  •  (1) A person who contravenes section 21.6, or who knowingly or recklessly causes a serious risk of injury to human health in contravening another provision of this Act or the regulations, as it relates to a therapeutic product, or an order made under any of sections 21.1 to 21.32 is guilty of an offence and liable

    • (a) on conviction on indictment, to a fine the amount of which is at the discretion of the court or to imprisonment for a term not exceeding five years or to both; and

    • (b) on summary conviction, for a first offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 18 months or to both and, for a subsequent offence, to a fine not exceeding $1,000,000 or to imprisonment for a term not exceeding two years or to both.

  • Marginal note:Clarification

    (2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act:

    • (a) section 3, if the contravention of that section involves a therapeutic product;

    • (b) subsection 22.1(2), if the contravention of that subsection involves any document or information that relates to a therapeutic product or a sample that is or relates to a therapeutic product;

    • (c) subsection 23(6), if the contravention of that subsection involves a conveyance in respect of which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product;

    • (d) subsection 23(13), if the contravention of that subsection involves a place in which an inspector is exercising powers or performing duties or functions in relation to a therapeutic product;

    • (e) subsection 24(1), if the contravention of that subsection involves the obstruction or hindering of — or the making of a false or misleading statement to — an inspector who is carrying out duties or functions in relation to a therapeutic product;

    • (f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and

    • (g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product.

  • 2014, c. 24, ss. 9, 11
  • 2019, c. 29, s. 175
 
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