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Protecting Canadians from Unsafe Drugs Act (Vanessa’s Law) (S.C. 2014, c. 24)

Assented to 2014-11-06

R.S., c. F-27FOOD AND DRUGS ACT

10. The portion of section 31.2 of the Act before paragraph (a) is replaced by the following:

Marginal note:Offences relating to therapeutic products

31.2 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

11. The portion of section 31.4 of the Act before paragraph (a) is replaced by the following:

Marginal note:Offences — section 21.6 and serious risk

31.4 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

Marginal note:1996, c. 19, s. 78

12. Subsection 35(1) of the Act is replaced by the following:

Marginal note:Certificate of analyst

  • 35. (1) Subject to this section, in any prosecution for an offence under any of sections 31 to 31.2 and 31.4, a certificate purporting to be signed by an analyst and stating that an article, sample or substance has been submitted to, and analysed or examined by, the analyst and stating the results of the analysis or examination is admissible in evidence and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate without proof of the signature or official character of the person appearing to have signed it.

TRANSITIONAL PROVISION

Marginal note:Therapeutic product authorizations

13. The definition “therapeutic product authorization”, as enacted by subsection 2(3), applies to authorizations  —  including licences and suspended authorizations or licences  —  that were issued before the day on which this section comes into force and that authorize, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product.

COORDINATING AMENDMENTS

Marginal note:Subsections 6(2) and (3)

  • 14. (1) If subsection 6(2) comes into force before subsection 6(3), then the English version of subsection 6(3) is amended by replacing “paragraph (f)” with “paragraph (f.3)”.

  • (2) If subsection 6(3) comes into force before subsection 6(2), then the English version of subsection 6(2) is amended by

    • (a) striking out “striking out “and” at the end of paragraph (f) and by”; and

    • (b) striking out “and” at the end of the paragraph (f.3) of the Food and Drugs Act that it enacts.

  • (3) If subsections 6(2) and (3) come into force on the same day, then subsection 6(2) is deemed to have come into force before subsection 6(3) and subsection (1) applies as a consequence.

COMING INTO FORCE

Marginal note:Order in council

  • 15. (1) Section 4, subsection 6(2) and sections 10 and 11 come into force on a day to be fixed by order of the Governor in Council.

  • Marginal note:Order in council

    (2) Section 5 and subsections 6(3) and (4) come into force on a day to be fixed by order of the Governor in Council.

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