Food and Drugs Act

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.