Food and Drug Regulations

C.08.002 (1) No person shall sell or advertise a new drug unless

• (a) the manufacturer of the new drug has filed with the Minister a new drug submission, an extraordinary use new drug submission, an abbreviated new drug submission or an abbreviated extraordinary use new drug submission relating to the new drug that is satisfactory to the Minister;

• (b) the Minister has issued, under section C.08.004 or C.08.004.01, a notice of compliance to the manufacturer of the new drug in respect of the submission; and

• (c) the notice of compliance in respect of the submission has not been suspended under section C.08.006.

• (d) [Repealed, SOR/2014-158, s. 10]

(2) A new drug submission shall contain sufficient information and material to enable the Minister to assess the safety and effectiveness of the new drug, including the following:

• (a) a description of the new drug and a statement of its proper name or its common name if there is no proper name;

• (b) a statement of the brand name of the new drug or the identifying name or code proposed for the new drug;

• (c) a list of the ingredients of the new drug, stated quantitatively, and the specifications for each of those ingredients;

• (d) a description of the plant and equipment to be used in the manufacture, preparation and packaging of the new drug;

• (e) details of the method of manufacture and the controls to be used in the manufacture, preparation and packaging of the new drug;

• (f) details of the tests to be applied to control the potency, purity, stability and safety of the new drug;

• (g) detailed reports of the tests made to establish the safety of the new drug for the purpose and under the conditions of use recommended;

• (h) substantial evidence of the clinical effectiveness of the new drug for the purpose and under the conditions of use recommended;

• (i) a statement of the names and qualifications of all the investigators to whom the new drug has been sold;

• (j) in the case of a new drug for veterinary use, a draft of every label to be used in connection with the new drug, including any package insert and any document that is provided on request and that sets out supplementary information on the use of the new drug;

• (j.1) in the case of a new drug for human use, mock-ups of every label to be used in connection with the new drug — including any package insert and any document that is provided on request and that sets out supplementary information on the use of the new drug — and mock-ups of the new drug’s packages;

• (k) a statement of all the representations to be made for the promotion of the new drug respecting

  • (i) the recommended route of administration of the new drug,

  • (ii) the proposed dosage of the new drug,

  • (iii) the claims to be made for the new drug, and

  • (iv) the contra-indications and side effects of the new drug;

• (l) a description of the dosage form in which it is proposed that the new drug be sold;

• (m) evidence that all test batches of the new drug used in any studies conducted in connection with the submission were manufactured and controlled in a manner that is representative of market production;

• (n) in the case of a new drug intended for administration to food-producing animals, the withdrawal period of the new drug; and

• (o) in the case of a new drug for human use, an assessment as to whether there is a likelihood that the new drug will be mistaken for any of the following products due to a resemblance between the brand name that is proposed to be used in respect of the new drug and the brand name, common name or proper name of any of those products:

  • (i) a drug in respect of which a drug identification number has been assigned,

  • (ii) a radiopharmaceutical, as defined in section C.03.201, in respect of which a notice of compliance has been issued under section C.08.004 or C.08.004.01, and

  • (iii) a kit, as defined in section C.03.205, in respect of which a notice of compliance has been issued under section C.08.004 or C.08.004.01.

(3) The manufacturer of a new drug shall, at the request of the Minister, provide the Minister, where for the purposes of a new drug submission the Minister considers it necessary to assess the safety and effectiveness of the new drug, with the following information and material:

• (a) the names and addresses of the manufacturers of each of the ingredients of the new drug and the names and addresses of the manufacturers of the new drug in the dosage form in which it is proposed that the new drug be sold;

• (b) samples of the ingredients of the new drug;

• (c) samples of the new drug in the dosage form in which it is proposed that the new drug be sold; and

• (d) any additional information or material respecting the safety and effectiveness of the new drug.