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Blood Regulations (SOR/2013-178)

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Regulations are current to 2020-06-17 and last amended on 2015-04-23. Previous Versions

Authorizations, Establishment Licences and Registrations (continued)

Authorizations (continued)

Marginal note:New or amended terms and conditions

  •  (1) The Minister may add terms and conditions to an establishment’s authorization or amend its terms and conditions in either of the following circumstances:

    • (a) the Minister has reasonable grounds to believe that it is necessary to do so to prevent a compromise to human safety or the safety of blood; or

    • (b) the establishment fails to provide the Minister, on written request, with sufficient evidence to demonstrate that its processes will not compromise human safety and will result in blood that can be determined safe for distribution, by the date specified in the request.

  • Marginal note:Notice

    (2) Before adding terms or conditions to an authorization or amending its terms or conditions, the Minister must send the establishment a notice at least 15 days before the proposed terms and conditions are to take effect that sets out the Minister’s reasons and that gives the establishment a reasonable opportunity to be heard concerning them.

  • Marginal note:Urgent circumstances

    (3) Despite subsection (2), the Minister may immediately add terms and conditions to an authorization or amend its terms and conditions if she or he has reasonable grounds to believe that it is necessary to do so to prevent a compromise to human safety or the safety of blood.

  • Marginal note:Urgent circumstances — notice

    (4) When the Minister adds or amends terms or conditions under subsection (3), the Minister must send the establishment a notice that sets out the reasons for the new or amended terms and conditions and that gives the establishment a reasonable opportunity to be heard concerning them.

  • Marginal note:Removal of terms and conditions

    (5) The Minister may, by notice in writing, remove a term or condition from an authorization if she or he determines that the term or condition is no longer necessary to prevent a compromise to human safety or the safety of blood.

Marginal note:Suspension

  •  (1) The Minister may suspend all or part of an authorization in either of the following circumstances:

    • (a) information provided by the establishment under section 6 or 9 proves to be inaccurate or incomplete; or

    • (b) the establishment fails to provide the Minister, on written request, with sufficient evidence to demonstrate that its processes will not compromise human safety and will result in blood that can be determined safe for distribution, by the date specified in the request.

  • Marginal note:Notice

    (2) Before suspending an authorization, the Minister must send the establishment a notice that

    • (a) sets out the reasons for the proposed suspension and the effective date;

    • (b) if applicable, indicates that the establishment must take corrective action and specifies the date by which it must be taken; and

    • (c) gives the establishment a reasonable opportunity to be heard concerning the suspension.

  • Marginal note:Urgent circumstances

    (3) Despite subsection (2), the Minister may immediately suspend all or part of an authorization if she or he has reasonable grounds to believe that it is necessary to do so to prevent a compromise to human safety or the safety of blood.

  • Marginal note:Urgent circumstances — notice

    (4) When the Minister suspends an authorization under subsection (3), the Minister must send the establishment a notice that

    • (a) sets out the reasons for the suspension; and

    • (b) gives the establishment a reasonable opportunity to be heard concerning the suspension.

Marginal note:Reinstatement

  •  (1) Subject to subsection (2), the Minister must reinstate an authorization if the establishment provides the Minister with sufficient evidence to demonstrate that its processes will not compromise human safety and will result in blood that can be determined safe for distribution.

  • Marginal note:Partial reinstatement

    (2) If the Minister does not reinstate any part of an authorization that was suspended, the Minister must amend the authorization to remove that part.

Marginal note:Cancellation

  •  (1) The Minister must cancel an authorization in either of the following circumstances:

    • (a) the establishment fails to provide the Minister with the evidence described in paragraph 14(1)(b) within a reasonable period after the authorization was suspended; or

    • (b) the establishment’s licence is cancelled under section 29.

  • Marginal note:Notice

    (2) When the Minister cancels an authorization, she or he must send the establishment a notice that sets out the reasons for the cancellation and the effective date.

Establishment Licences

Marginal note:Establishment licence required

  •  (1) An establishment that processes allogeneic blood — except, subject to subsection (2), blood from a pre-assessed donor — or that imports blood must have an establishment licence to do so.

  • Marginal note:Test labs

    (2) An establishment that tests blood from a pre-assessed donor for transmissible diseases or disease agents must have an establishment licence to do so.

Marginal note:Application for establishment licence

  •  (1) An establishment must file with the Minister an application for an establishment licence in the form established by the Minister. The application must be dated and signed by a senior executive officer and contain all of the following information:

    • (a) the applicant’s name and civic address, and its postal address if different;

    • (b) the civic address of each building in which records will be stored;

    • (c) in the case of an establishment that previously conducted its activities under another name, that other name;

    • (d) the name and telephone number, fax number, email address or other means of communication of a person to contact for further information concerning the application;

    • (e) the name and telephone number of a person to contact in an emergency, if different from the person mentioned in paragraph (d);

    • (f) a list of the establishment’s activities;

    • (g) a list of the whole blood and blood components in respect of which the activities are proposed to be conducted;

    • (h) the civic address of every building in which it proposes to conduct its activities and a list of the activities that are proposed to be conducted in each building;

    • (i) the name, civic address and licence number, if any, of any other establishment that it proposes to have conduct any of its activities;

    • (j) sufficient evidence to demonstrate that the establishment can conduct its activities in accordance with its quality management system and the requirements of these Regulations and that its activities will not compromise human safety or the safety of blood;

    • (k) in the case of an importer or an establishment that proposes to have any of its testing conducted by a foreign establishment, the information described in paragraphs (a) and (f) to (j) with respect to every foreign establishment that processes or distributes the blood that they propose to process or import; and

    • (l) in the case of an establishment that proposes to import blood in urgent circumstances, all of the information required by subsection 92(1).

  • Marginal note:Information on request

    (2) An establishment must provide the Minister, on written request, with any information that the Minister determines is necessary to complete the Minister’s review of the application, by the date specified in the request.

Marginal note:Inspection

  •  (1) During the review of an application for an establishment licence, the Minister may inspect the establishment’s facilities and equipment to assess whether the applicant’s activities are conducted in accordance with its proposed authorization and with these Regulations.

  • Marginal note:Information on request

    (2) An establishment must provide the Minister, on written request, with any information that she or he determines is necessary to complete the inspection, by the date specified in the request.

Marginal note:Issuance

 On completion of the review of an application, the Minister must issue an establishment licence, with or without terms or conditions, if both of the following requirements are met:

  • (a) an authorization has been issued with respect to the blood — except blood from a pre-assessed donor — that is proposed to be processed or imported under the licence; and

  • (b) the Minister determines that the application provides sufficient evidence to demonstrate that issuance of the licence will not compromise human safety or the safety of blood.

 
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