An Act respecting food, drugs, cosmetics and therapeutic devicesFood and Drugs ActFood and Drugs20254
1
F-27Short Title
Short titleThis Act may be cited as the Food and Drugs Act.R.S., c. F-27, s. 1
Interpretation and Application
DefinitionsIn this Act,advanced therapeutic product means a therapeutic product that is described in Schedule G or that belongs to a class of therapeutic products that is described in that Schedule; (produit thérapeutique innovant)advertisement includes any representation by any means whatever for the purpose of promoting directly or indirectly the sale or disposal of any food, drug, cosmetic or device; (publicité ou annonce) analyst means an individual designated as an analyst for the purposes of this Act under section 28 or under section 13 of the Canadian Food Inspection Agency Act; (analyste)clinical trial means a study, involving human subjects, for the purpose of discovering or verifying the effects of a drug, a device or a food for a special dietary purpose; (essai clinique)confidential business information, in respect of a person to whose business or affairs the information relates, means — subject to the regulations — business informationthat is not publicly available,in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available, andthat has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors; (renseignements commerciaux confidentiels)contraceptive device means any instrument, apparatus, contrivance or substance other than a drug, that is manufactured, sold or represented for use in the prevention of conception; (moyen anticonceptionnel)cosmetic includes any substance or mixture of substances manufactured, sold or represented for use in cleansing, improving or altering the complexion, skin, hair or teeth, and includes deodorants and perfumes; (cosmétique)Department means the Department of Health; (ministère)device means an instrument, apparatus, contrivance or other similar article, or an in vitro reagent, including a component, part or accessory of any of them, that is manufactured, sold or represented for use indiagnosing, treating, mitigating or preventing a disease, disorder or abnormal physical state, or any of their symptoms, in human beings or animals,restoring, modifying or correcting the body structure of human beings or animals or the functioning of any part of the bodies of human beings or animals,diagnosing pregnancy in human beings or animals,caring for human beings or animals during pregnancy or at or after the birth of the offspring, including caring for the offspring, orpreventing conception in human beings or animals;however, it does not include such an instrument, apparatus, contrivance or article, or a component, part or accessory of any of them, that does any of the actions referred to in paragraphs (a) to (e) solely by pharmacological, immunological or metabolic means or solely by chemical means in or on the body of a human being or animal; (instrument)drug includes any substance or mixture of substances manufactured, sold or represented for use inthe diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals,restoring, correcting or modifying organic functions in human beings or animals, ordisinfection in premises in which food is manufactured, prepared or kept; (drogue)food includes any article manufactured, sold or represented for use as food or drink for human beings, chewing gum, and any ingredient that may be mixed with food for any purpose whatever; (aliment)food for a special dietary purpose means a food that has been specially processed or formulatedto meet the particular requirements of an individual in whom a physical or physiological condition exists as a result of a disease, disorder or abnormal physical state, orto be the sole or primary source of nutrition for an individual; (aliment à des fins diététiques spéciales)foreign regulatory authority means a government agency or other entity outside Canada that controls the manufacture, use or sale of therapeutic products or foods within its jurisdiction; (autorité réglementaire étrangère)inspector means an individual designated as an inspector for the purposes of this Act under subsection 22(1) or under section 13 of the Canadian Food Inspection Agency Act; (inspecteur)label includes any legend, word or mark attached to, included in, belonging to or accompanying any food, drug, cosmetic, device or package; (étiquette)Minister means the Minister of Health; (ministre)package includes any thing in which any food, drug, cosmetic or device is wholly or partly contained, placed or packed; (emballage)person means an individual or an organization as defined in section 2 of the Criminal Code; (personne)prescribed means prescribed by the regulations; (Version anglaise seulement)sell includesoffer for sale, expose for sale or have in possession for sale — or distribute to one or more persons, whether or not the distribution is made for consideration, andlease, offer for lease, expose for lease or have in possession for lease; (vente)therapeutic product means a drug or device or any combination of drugs and devices; (produit thérapeutique)therapeutic product authorization meansan authorization, including a licence, thatauthorizes the conduct of a clinical trial in respect of a therapeutic product and is issued under the regulations, orauthorizes, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product and is issued under subsection 21.92(1) or the regulations, oran authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended; (autorisation relative à un produit thérapeutique)unsanitary conditions means such conditions or circumstances as might contaminate with dirt or filth, or render injurious to health, a food, drug or cosmetic. (conditions non hygiéniques)R.S., 1985, c. F-27, s. 2; R.S., 1985, c. 27 (1st Supp.), s. 191; 1992, c. 1, s. 145(F); 1993, c. 34, s. 71; 1994, c. 26, s. 32(F), c. 38, s. 18; 1995, c. 1, s. 63; 1996, c. 8, ss. 23.1, 32, 34; 1997, c. 6, s. 62; 2014, c. 24, s. 2; 2016, c. 9, s. 12019, c. 29, s. 1632023, c. 26, s. 5002024, c. 17, s. 322
Non-corrective contact lensesFor the purposes of this Act, a non-corrective contact lens is deemed to be a device.2012, c. 25, s. 1
Tobacco productsThis Act does not apply to a tobacco product as defined in section 2 of the Tobacco and Vaping Products Act.2018, c. 9, s. 72
Vaping productsDespite the definition drug in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.Vaping productsDespite the definition device in section 2, this Act does not apply to a vaping product as defined in section 2 of the Tobacco and Vaping Products Act by reason that it is manufactured, sold or represented for use with a substance or mixture of substances that contains nicotine, unless the vaping product is manufactured, sold or represented for use in the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings.2018, c. 9, s. 72
Classification — thingIf the Minister believes that a thing falls within two or more of the definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the thing to a single part of Schedule A that corresponds to one of the definitions in which the thing is believed to fall.Classification — class of thingsIf the Minister believes that every thing in a class of things falls within the same two or more definitions food, drug, cosmetic and device in section 2, the Minister may, by order, add a description of the class to a single part of Schedule A that corresponds to one of the definitions in which the things in the class are believed to fall.FactorsBefore adding a description of a thing or a class of things to a part of Schedule A, the Minister shall consider the following factors:the risk of injury that the thing or things present to human health;the protection and promotion of health;the possibility of a person being deceived or misled;the purposes for which the thing or things are sold, represented or used and the history of use of the thing or things;the treatment of similar things that have been regulated as foods, drugs, cosmetics or devices under this Act; andthe prescribed factors, if any.Effect of additionA thing that either is described in or belongs to a class of things that is described inPart 1 of Schedule A falls within the definition food in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2);Part 2 of Schedule A falls within the definition drug in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2);Part 3 of Schedule A falls within the definition cosmetic in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2); andPart 4 of Schedule A falls within the definition device in section 2 and does not fall within any of the other definitions referred to in subsections (1) and (2).Deletion from Schedule AThe Minister may, by order, delete the description of a thing or a class of things from Schedule A.Interpretation — definitions food, drug, cosmetic and deviceFor greater certainty, the definitions food, drug, cosmetic and device in section 2 are subject to subsection (4).2019, c. 29, s. 164
Foods, Drugs, Cosmetics and DevicesGeneral
Prohibited advertisingNo person shall advertise any food, drug, cosmetic or device to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.Prohibited salesNo person shall sell any food, drug, cosmetic or device ifit is represented by label as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1; orthe person advertises it to the general public as a treatment, preventative or cure for any of the diseases, disorders or abnormal physical states referred to in Schedule A.1.Unauthorized advertising of contraceptive device prohibitedExcept as authorized by regulation, no person shall advertise to the general public any contraceptive device or any drug manufactured, sold or represented for use in the prevention of conception.R.S., 1985, c. F-27, s. 3; 1993, c. 34, s. 72(F)2019, c. 29, s. 165
Prohibition — clinical trialsNo person shall conduct a clinical trial in respect of a drug, device or prescribed food for a special dietary purpose unless the person holds an authorization issued under the regulations that authorizes the conduct of the clinical trial.2019, c. 29, s. 166
Terms and conditions — clinical trial authorizationsThe holder of an authorization referred to in section 3.1 shall comply with any terms and conditions of the authorization that are imposed by the Minister under regulations made under paragraph 30(1)(b.3).2019, c. 29, s. 166
Duty to publicize clinical trial informationThe holder of an authorization referred to in section 3.1 shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner.2019, c. 29, s. 166
Food
Prohibited sales of foodNo person shall sell an article of food thathas in or on it any poisonous or harmful substance;is unfit for human consumption;consists in whole or in part of any filthy, putrid, disgusting, rotten, decomposed or diseased animal or vegetable substance;is adulterated; orwas manufactured, prepared, preserved, packaged or stored under unsanitary conditions.ExemptionA food does not have a poisonous or harmful substance in or on it for the purposes of paragraph (1)(a) — or is not adulterated for the purposes of paragraph (1)(d) — by reason only that it has in or on it a pest control product as defined in subsection 2(1) of the Pest Control Products Act, or any of its components or derivatives, if the amount of the pest control product or the components or derivatives in or on the food being sold does not exceed the maximum residue limit specified under section 9 or 10 of that Act.R.S., 1985, c. F-27, s. 4; 2005, c. 42, s. 1; 2012, c. 19, s. 412
Deception, etc., regarding foodNo person shall label, package, treat, process, sell or advertise any food in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.Food labelled or packaged in contravention of regulationsAn article of food that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).R.S., c. F-27, s. 5
Importation and interprovincial movement of foodWhere a standard for a food has been prescribed, no person shallimport into Canada,send, convey or receive for conveyance from one province to another, orhave in possession for the purpose of sending or conveying from one province to anotherany article that is intended for sale and that is likely to be mistaken for that food unless the article complies with the prescribed standard.Not applicable to carriersParagraphs (1)(b) and (c) do not apply to an operator of a conveyance that is used to carry an article or to a carrier of an article whose sole concern, in respect of the article, is the conveyance of the article unless the operator or carrier could, with reasonable diligence, have ascertained that the conveying or receiving for conveyance of the article or the possession of the article for the purpose of conveyance would be in contravention of subsection (1).Labelling, etc., of food that is imported or moved interprovinciallyWhere a standard for a food has been prescribed, no person shall label, package, sell or advertise any article thathas been imported into Canada,has been sent or conveyed from one province to another, oris intended to be sent or conveyed from one province to anotherin such a manner that it is likely to be mistaken for that food unless the article complies with the prescribed standard.R.S., 1985, c. F-27, s. 6; R.S., 1985, c. 27 (3rd Supp.), s. 1
Governor in Council may identify standard or portion thereofThe Governor in Council may, by regulation, identify a standard prescribed for a food, or any portion of the standard, as being necessary to prevent injury to the health of the consumer or purchaser of the food.Where standard or portion thereof is identifiedWhere a standard or any portion of a standard prescribed for a food is identified by the Governor in Council pursuant to subsection (1), no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that food unless the article complies with the standard or portion of a standard so identified.R.S., 1985, c. 27 (3rd Supp.), s. 1
Unsanitary manufacture, etc., of foodNo person shall manufacture, prepare, preserve, package or store for sale any food under unsanitary conditions.R.S., c. F-27, s. 7
Drugs
Prohibited sales of drugsNo person shall sell any drug thatwas manufactured, prepared, preserved, packaged or stored under unsanitary conditions; oris adulterated.R.S., c. F-27, s. 8
Deception, etc., regarding drugsNo person shall label, package, treat, process, sell or advertise any drug in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its character, value, quantity, composition, merit or safety.Drugs labelled or packaged in contravention of regulationsA drug that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).R.S., c. F-27, s. 9
Where standard prescribed for drugWhere a standard has been prescribed for a drug, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the prescribed standard.Trade standardsWhere a standard has not been prescribed for a drug, but a standard for the drug is contained in any publication referred to in Schedule B, no person shall label, package, sell or advertise any substance in such a manner that it is likely to be mistaken for that drug, unless the substance complies with the standard.Where no prescribed or trade standardWhere a standard for a drug has not been prescribed and no standard for the drug is contained in any publication referred to in Schedule B, no person shall sell the drug unlessit is in accordance with the professed standard under which it is sold; andit does not resemble, in a manner likely to deceive, any drug for which a standard has been prescribed or is contained in any publication referred to in Schedule B.R.S., c. F-27, s. 10
Unsanitary manufacture, etc., of drugNo person shall manufacture, prepare, preserve, package or store for sale any drug under unsanitary conditions.R.S., c. F-27, s. 11
Drugs not to be sold unless safe manufacture indicatedNo person shall sell any drug described in Schedule C or D unless the Minister has, in prescribed form and manner, indicated that the premises in which the drug was manufactured and the process and conditions of manufacture therein are suitable to ensure that the drug will not be unsafe for use.R.S., c. F-27, s. 12
Drugs not to be sold unless safe batch indicatedNo person shall sell any drug described in Schedule E unless the Minister has, in prescribed form and manner, indicated that the batch from which the drug was taken is not unsafe for use.R.S., c. F-27, s. 13
SamplesNo person shall distribute or cause to be distributed any drug as a sample except in accordance with the regulations.R.S., 1985, c. F-27, s. 142020, c. 1, s. 57
Schedule F drugs not to be soldNo person shall sell any drug described in Schedule F.R.S., c. F-27, s. 15
Cosmetics
Prohibited sales of cosmeticsNo person shall sell any cosmetic thathas in or on it any substance that may cause injury to the health of the user when the cosmetic is used,according to the directions on the label or accompanying the cosmetic, orfor such purposes and by such methods of use as are customary or usual therefor;consists in whole or in part of any filthy or decomposed substance or of any foreign matter; orwas manufactured, prepared, preserved, packaged or stored under unsanitary conditions.R.S., 1985, c. F-27, s. 16; 2016, c. 9, s. 2(F)
Prohibited sales — animal testingNo person shall sell a cosmetic unless the person can establish the safety of the cosmetic without relying on data derived from a test conducted on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal.ExceptionsThe prohibition in subsection (1) does not apply ifthe Government of Canada has published the data in a scientific journal or on a Government of Canada website;the data is publicly available and is derived from a test that was not sponsored by or conducted by or on behalf of a person who manufactures, imports or sells the cosmetic;the following conditions are met:the data is derived from a test that was conducted on a substance in order to meeta requirement under a provision of an Act of Parliament or any of its regulations that applied at the time that the test was conducted, except a requirement that relates only to cosmetics under a provision of this Act or the regulations, ora requirement that does not relate to cosmetics under the law that applied in a foreign state at the time that the test was conducted,the substance is or has been used in a product that is not a cosmetic and that is or has been legally sold in the country where the requirement in question applied, andthe test was necessary to meet the requirement in order to sell the product in that country;the data is derived from a test that was conducted before the day on which this section comes into force;the cosmetic was sold in Canada at any time before the day on which this section comes into force; orany prescribed circumstance applies.2023, c. 26, s. 505
Prohibition — animal testingNo person shall conduct a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal if the purpose of the test is to meet, with respect to a cosmetic, a requirement under a provision of this Act or the regulations or to meet a requirement that relates to the safety of cosmetics under the law that applies in a foreign state.2023, c. 26, s. 505
Prohibited claims — animal testingNo person shall make a claim on the label of or in an advertisement for a cosmetic that is likely to create an impression that the cosmetic was not tested on animals after the day on which this section comes into force unless the person has evidence that no such testing occurred after that day.Provision of evidenceA person who makes a claim described in subsection (1) shall, on the request of the Minister, provide the Minister with the evidence referred to in that subsection.2023, c. 26, s. 505
Where standard prescribed for cosmeticWhere a standard has been prescribed for a cosmetic, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that cosmetic, unless the article complies with the prescribed standard.R.S., c. F-27, s. 17
Unsanitary conditionsNo person shall manufacture, prepare, preserve, package or store for sale any cosmetic under unsanitary conditions.R.S., c. F-27, s. 18
Devices
Prohibited sales of devicesNo person shall sell any device that, when used according to directions or under such conditions as are customary or usual, may cause injury to the health of the purchaser or user thereof.R.S., c. F-27, s. 19
Deception, etc., regarding devicesNo person shall label, package, treat, process, sell or advertise any device in a manner that is false, misleading or deceptive or is likely to create an erroneous impression regarding its design, construction, performance, intended use, quantity, character, value, composition, merit or safety.Devices labelled or packaged in contravention of regulationsA device that is not labelled or packaged as required by, or is labelled or packaged contrary to, the regulations shall be deemed to be labelled or packaged contrary to subsection (1).R.S., c. F-27, s. 20; 1976-77, c. 28, s. 16
Where standard prescribed for deviceWhere a standard has been prescribed for a device, no person shall label, package, sell or advertise any article in such a manner that it is likely to be mistaken for that device, unless the article complies with the prescribed standard.R.S., c. F-27, s. 21
Therapeutic Products
Power to require information — serious riskIf the Minister believes that a therapeutic product may present a serious risk of injury to human health, the Minister may order a person to provide the Minister with information that is in the person’s control and that the Minister believes is necessary to determine whether the product presents such a risk.Disclosure —  serious riskThe Minister may disclose confidential business information about a therapeutic prod­uct without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk of injury to human health.Disclosure —  health or safetyThe Minister may disclose confidential business information about a therapeutic prod­uct without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection or promotion of human health or the safety of the public and the disclosure is toa government;a person from whom the Minister seeks advice; ora person who carries out functions relating to the protection or promotion of human health or the safety of the public.Definition of governmentIn this section, government means any of the following or their institutions:the federal government;a corporation named in Schedule III to the Financial Administration Act;a provincial government or a public body established under an Act of the legislature of a province;an aboriginal government as defined in subsection 13(3) of the Access to Information Act;a government of a foreign state or of a subdivision of a foreign state; oran international organization of states.2014, c. 24, s. 3
Modification or replacement — labelling or packagingThe Minister may, if he or she believes that doing so is necessary to prevent injury to health, order the holder of a therapeutic product authorization that authorizes the import or sale of a therapeutic product to modify the product’s label or to modify or replace its package.2014, c. 24, s. 3
Minister’s powers — risk of injury to healthIf the Minister believes that a therapeutic product presents a serious or imminent risk of injury to health, he or she may order a person who sells the product torecall the product; orsend the product, or cause it to be sent, to a place specified in the order.Recall order — corrective actionFor greater certainty, if the Minister makes an order under paragraph (1)(a) and believes that corrective action is an effective means of dealing with the risk, the order may require the person who sells the product to, instead of requesting the product’s return, request the product’s owner or user to allow corrective action to be taken in respect of the product and then take that corrective action, or cause it to be taken, if the request is accepted.Prohibition — sellingSubject to subsection (5), no person shall sell a therapeutic product that the Minister orders them, or another person, to recall.Power to authorize saleThe Minister may authorize a person to sell a therapeutic product, with or without conditions, even if the Minister has ordered them, or another person, to recall it.ExceptionA person does not contravene subsection (3) if they sell a therapeutic product that they have been authorized under subsection (4) to sell, provided that they sell it in accordance with any conditions that the Minister establishes.Contravention of unpublished orderNo person shall be convicted of an offence for the contravention of subsection (3) unless it is proved that, at the time of the alleged contravention, the person had been notified of the recall order or reasonable steps had been taken to bring the purport of the recall order to the notice of those persons likely to be affected by it.2014, c. 24, s. 3
Information — serious environmental riskIf the Minister believes that a therapeutic product may present a serious risk to the environment, the Minister may order a person to provide the Minister with information that is in the person’s control and that the Minister believes is necessary to determine whether the product presents such a risk.Disclosure — serious environmental riskThe Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the Minister believes that the product may present a serious risk to the environment.Disclosure —  protection of the environmentThe Minister may disclose confidential business information about a therapeutic product without notifying the person to whose business or affairs the information relates or obtaining their consent, if the purpose of the disclosure is related to the protection of the environment and the disclosure is toa government;a person from whom the Minister seeks advice; ora person who carries out functions relating to the protection of the environment, including the assessment and management of risks to the environment.Definition of governmentIn this section, government has the same meaning as in subsection 21.1(4).2023, c. 12, s. 65
Labelling or packaging — serious risk to environmentThe Minister may, if he or she believes that doing so is necessary to prevent a serious risk to the environment, order the holder of a therapeutic product authorization that authorizes the import or sale of a therapeutic product to modify the product’s label or to modify or replace its package.2023, c. 12, s. 65
Minister’s powers — serious risk to environmentIf the Minister believes that a therapeutic product presents a serious or imminent risk to the environment, he or she may order a person who sells the product torecall the product; orsend the product, or cause it to be sent, to a place specified in the order.Subsections 21.3(2) to (6) applySubsections 21.3(2) to (6) apply, with any modifications that the circumstances require, in respect of any order made under subsection (1).2023, c. 12, s. 65
Power to require assessmentSubject to the regulations, the Minister may order the holder of a therapeutic product authorization to conduct an assessment of the therapeutic product to which the authorization relates and provide the Minister with the results of the assessment.2014, c. 24, s. 4
Power to require tests, studies, etc.Subject to the regulations, the Minister may, for the purpose of obtaining additional information about a therapeutic product’s effects on health or safety, order the holder of a therapeutic product authorization tocompile information, conduct tests or studies or monitor experience in respect of the therapeutic product; andprovide the Minister with the information or the results of the tests, studies or monitoring.2014, c. 24, s. 4
Definition of therapeutic productDespite the definition therapeutic product in section 2, in sections 21.31 and 21.32 therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations.2023, c. 26, s. 501
Power — information relating to environmental effectsSubject to the regulations, the Minister may, for the purpose of obtaining additional information about a therapeutic product’s effects on the environment, order the holder of a therapeutic product authorization tocompile information or conduct tests, studies or monitoring in respect of the therapeutic product; andprovide the Minister with the information or the results of the tests, studies or monitoring.2023, c. 12, s. 66
Statutory Instruments ActFor greater certainty, orders made under any of sections 21.1 to 21.33 are not statutory instruments within the meaning of the Statutory Instruments Act.Availability of ordersThe Minister shall ensure that any order made under any of sections 21.1 to 21.33 is publicly available.2014, c. 24, ss. 3, 42023, c. 12, s. 66
InjunctionIf, on the application of the Minister, it appears to a court of competent jurisdiction that a person has done, is about to do or is likely to do anything that constitutes or is directed toward the commission of an offence under this Act in respect of a therapeutic product, the court may issue an injunction ordering the person, who is to be named in the application, torefrain from doing anything that it appears to the court may constitute or be directed toward the commission of the offence; ordo anything that it appears to the court may prevent the commission of the offence.NoticeNo injunction is to be issued under subsection (1) unless 48 hours’ notice is served on the party or parties who are named in the application or unless the urgency of the situation is such that service of notice would not be in the public interest.2014, c. 24, s. 3
False or misleading information — therapeutic productsNo person shall knowingly make a false or misleading statement to the Minister  —  or knowingly provide him or her with false or misleading information  —  in connection with any matter under this Act concerning a therapeutic product.2014, c. 24, s. 3
Terms and conditions of authorizationsThe holder of a therapeutic product authorization shall comply with any terms and conditions of the authorization that are imposed by the Minister under subsection 21.92(3) or under regulations made under paragraph 30(1.2)(b).2014, c. 24, s. 32019, c. 29, s. 167
Duty to publicize clinical trial informationThe holder of a therapeutic product authorization referred to in paragraph 30(1.2)(c) shall ensure that prescribed information concerning the clinical trial is made public within the prescribed time and in the prescribed manner.2014, c. 24, s. 32019, c. 29, s. 168
Health care institutions to provide informationA prescribed health care institution shall provide the Minister, within the prescribed time and in the prescribed manner, with prescribed information that is in its control about a serious adverse drug reaction that involves a therapeutic product or a medical device incident that involves a therapeutic product.Definition of therapeutic productDespite the definition therapeutic product in section 2, in subsection (1) therapeutic product means a drug or device or any combination of drugs and devices, but does not include a natural health product within the meaning of the Natural Health Products Regulations.2014, c. 24, s. 52023, c. 26, s. 502
Advanced Therapeutic Products
Prohibited activitiesNo person shall import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product unless the personholds a licence in respect of that product that was issued under subsection 21.92(1) and that authorizes the activity in question;is authorized under an order made under subsection 21.95(1) to conduct the activity in question in respect of the product; orconducts the activity in question in accordance with the regulations.ClarificationFor greater certainty, the prohibition applies in respect of an activity regardless of whether the activity is conducted for the purpose of the sale or use of the advanced therapeutic product.2019, c. 29, s. 169
Additions to Schedule GFor the purpose of preventing injury to health or preventing a person from being deceived or misled, the Minister may, by order, add a description of a therapeutic product or a class of therapeutic products to Schedule G if the Minister believes that the therapeutic product or products represent an emerging or innovative technological, scientific or medical development.FactorsBefore adding a description of a therapeutic product or a class of therapeutic products to Schedule G, the Minister shall consider the following factors:the degree of uncertainty respecting the risks and benefits associated with the therapeutic product or products and the measures that are available to adequately manage and control those risks;the extent to which the therapeutic product or products are different from therapeutic products for which therapeutic product authorizations have been issued under the regulations;the extent to which existing legal frameworks are adequate to prevent injury to health or to prevent persons from being deceived or misled; andthe prescribed factors, if any.Deletion from Schedule GThe Minister may, by order, delete the description of a therapeutic product or a class of therapeutic products from Schedule G.2019, c. 29, s. 169
Advanced therapeutic product licenceSubject to the regulations, the Minister may, on application, issue or amend an advanced therapeutic product licence that authorizes a person to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product if the Minister believes that the applicant has provided sufficient evidence to support the conclusion thatthe benefits associated with the product outweigh the risks; andthe risks associated with the product and the activity will be adequately managed and controlled.ApplicationAn application for an advanced therapeutic product licence, or for its amendment, shall be filed with the Minister in the form and manner specified by the Minister and shall set out the information required by the Minister as well as any prescribed information.Terms and conditionsThe Minister may impose terms and conditions on an advanced therapeutic product licence, including an existing licence, or amend them.2019, c. 29, s. 169
Suspension and revocationSubject to the regulations, the Minister may suspend or revoke an advanced therapeutic product licence, in whole or in part, ifthe Minister believes that the risks that are associated with the advanced therapeutic product outweigh the benefits;the Minister believes that the risks associated with the product or any authorized activity are not being adequately managed or controlled;in the case of a suspension, any prescribed circumstance exists; orin the case of a revocation, any prescribed circumstance exists.Suspension without prior noticeIf the Minister believes that an immediate suspension is necessary to prevent injury to health, the Minister may suspend an advanced therapeutic product licence, in whole or in part, without prior notice to its holder and regardless of whether any of the circumstances referred to in subsection (1) exists.2019, c. 29, s. 169
ExemptionThe holder of an advanced therapeutic product licence is, in respect of the activities authorized under the licence, exempt from the provisions of the regulations other than any provisions that are specified in regulations made under paragraph 30(1.2)(b.2).2019, c. 29, s. 169
Order — advanced therapeutic productsThe Minister may make an order, with or without terms and conditions, that authorizes any person within a class of persons that is specified in the order to import, sell, advertise, manufacture, prepare, preserve, package, label, store or test an advanced therapeutic product.Additional contentThe Minister may, in the order,specify provisions of the regulations that are excluded from the scope of the exemption provided for in section 21.96; andestablish classes and distinguish among those classes.Compliance with terms and conditionsA person that conducts an activity under the order shall comply with any applicable terms and conditions.2019, c. 29, s. 169
ExemptionA person that conducts an activity under an order made under subsection 21.95(1) is, in respect of the activity, exempt from the provisions of the regulations other than any provisions that are specified in the order or in regulations made under paragraph 30(1.2)(b.2).2019, c. 29, s. 169
Administration and EnforcementInspection, Seizure and Forfeiture
InspectorsFor the purposes of the administration and enforcement of this Act, the Minister may designate individuals or classes of individuals as inspectors to exercise powers or perform duties or functions in relation to any matter referred to in the designation.Certificate to be producedAn inspector shall be given a certificate in a form established by the Minister or the President of the Canadian Food Inspection Agency attesting to the inspector’s designation and, on entering any place pursuant to subsection 23(1), an inspector shall, if so required, produce the certificate to the person in charge of that place.R.S., 1985, c. F-27, s. 22; 1997, c. 6, s. 63; 2016, c. 9, s. 4
Provision of documents, information or samplesAn inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, order a person to provide, on or before the date and time specified by the inspector and at the place and in the manner specified by the inspector, any document, information or sample specified by the inspector.Duty to provideA person that is ordered by an inspector to provide a document, information or a sample shall do so on or before the date and time, and at the place and in the manner, specified by the inspector.2019, c. 29, s. 170
Powers of inspectorsSubject to subsection (9), an inspector may, for a purpose related to verifying compliance or preventing non-compliance with the provisions of this Act or the regulations, enter any place, including a conveyance, in which they believe on reasonable groundsan activity that may be regulated under this Act is being conducted;any article to which this Act or the regulations apply is located;an activity could be conducted under an authorization, including a licence, for which an application is under consideration by the Minister; oran activity could be conducted as a result of an exemption that is under consideration by the Minister.Other powersThe inspector may, in the place entered under subsection (1),examine any article to which this Act or the regulations apply or anything that the inspector believes on reasonable grounds is used or is capable of being used for an activity regulated under this Act;open and examine any receptacle or package that the inspector believes on reasonable grounds contains any article to which this Act or the regulations apply;examine — and make copies of or take extracts from — any record, report, electronic data or other document that is found at the place and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations;cause to be reproduced any electronic data referred to in paragraph (c);use, or cause to be used, any computer system or telecommunication system at the place;examine — and reproduce or cause to be reproduced — any electronic data that is contained in or available to a system referred to in paragraph (e) and that the inspector believes on reasonable grounds includes information relevant to the administration of this Act or the regulations;remove, for examination or copying, any copies made or extracts taken under paragraph (c), (d) or (f);test anything that the inspector believes on reasonable grounds is an article to which this Act or the regulations apply;take samples of any food, drug, cosmetic, device or anything used for an activity regulated under this Act;take photographs and make recordings and sketches;remove anything from the place for the purpose of examination, conducting tests or taking samples; andseize and detain for the time that may be necessary any article that the inspector believes on reasonable grounds is an article by means of, or in relation to which, any provision of this Act or the regulations has been contravened.Means of telecommunicationFor the purposes of subsection (1), an inspector is considered to have entered a place when they access it remotely by a means of telecommunication.Limitation — access by means of telecommunicationAn inspector who enters remotely, by a means of telecommunication, a place that is not accessible to the public shall do so with the knowledge of the owner or person in charge of the place and only for the period necessary for the purpose referred to in subsection (1).Stopping or moving conveyanceFor the purpose of entering a conveyance, an inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it.Duty to complyAn owner or person who, under subsection (5), is ordered to stop or move a conveyance shall stop or move it.Individual accompanying inspectorAn inspector may be accompanied by any other individual that the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.Entering private propertyAn inspector and any individual accompanying them may enter and pass through private property, other than a dwelling-house on that property, in order to gain entry to a place referred to in subsection (1). For greater certainty, they are not liable for doing so.Warrant to enter dwelling-houseIn the case of a dwelling-house, an inspector may enter it only with the consent of the occupant or under the authority of a warrant issued under subsection (10).Authority to issue warrantA justice of the peace may, on ex parte application, issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions specified in the warrant, if the justice is satisfied by information on oath thatthe dwelling-house is a place referred to in subsection (1);entry to the dwelling-house is necessary for a purpose referred to in that subsection; andentry to the dwelling-house has been refused or there are reasonable grounds to believe that it will be refused.Use of forceIn executing a warrant issued under subsection (10), an inspector shall not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.Means of telecommunicationAn application for a warrant under subsection (10) may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.Assistance to inspectorThe owner or other person in charge of a place entered by an inspector under subsection (1) and every individual found there shallgive the inspector all reasonable assistance; andprovide the inspector with any information that the inspector may reasonably require, including information that is necessary to establish their identity to the inspector’s satisfaction.Definition of article to which this Act or the regulations applyIn subsections (1) and (2), article to which this Act or the regulations apply includesany food, drug, cosmetic or device;anything used for an activity regulated under this Act; andany record, report, electronic data or other document — including any labelling or advertising material — relating to the administration of this Act or the regulations.R.S., 1985, c. F-27, s. 23; R.S., 1985, c. 31 (1st Supp.), s. 11, c. 27 (3rd Supp.), s. 22019, c. 29, s. 1702022, c. 17, s. 632024, c. 17, s. 323
Obstruction and false statementsNo person shall obstruct or hinder, or knowingly make any false or misleading statement either orally or in writing to, an inspector while the inspector is engaged in carrying out his duties or functions under this Act or the regulations.InterferenceExcept with the authority of an inspector, no person shall remove, alter or interfere in any way with anything seized under this Part.R.S., c. F-27, ss. 22, 37
Storage, movement and disposalAn inspector may, in respect of any article seized under this Part,on notice to its owner or the person having possession, care or control of it at the time of its seizure, store it or move it at the expense of the person to whom the notice is given;order its owner or the person having possession, care or control of it at the time of its seizure to store it or move it at the expense of the person being so ordered; ororder its owner or the person having possession, care or control of it at the time of its seizure to dispose of it at the expense of the person being so ordered — or, on notice to its owner or the person having possession, care or control of it at the time of its seizure, dispose of it at the expense of the person to whom the notice is given — ifthe article is perishable, orthe inspector is of the opinion that the article presents a risk of injury to health or safety and that its disposal is necessary to respond to the risk.R.S., 1985, c. F-27, s. 25; 2016, c. 9, s. 5
Release of seized articlesAn inspector who has seized any article under this Part shall release it when he is satisfied that all the provisions of this Act and the regulations with respect thereto have been complied with.R.S., c. F-27, ss. 23, 37
Unclaimed seized articlesAn article seized under this Part is, at the election of the Minister or the Minister of Agriculture and Agri-Food, forfeited to Her Majesty in right of Canada ifwithin 60 days after the seizure, no person is identified in accordance with the regulations, if any, as its owner or as the person entitled to possess it; orits owner or the person having possession, care or control of it at the time of its seizure does not claim it within 60 days after the day on which they are notified that an inspector has released it.DisposalA seized article that is forfeited under subsection (1) may be disposed of, as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of it at the time of its seizure.2016, c. 9, s. 6
Forfeiture with consentIf an inspector has seized an article under this Part and its owner or the person having possession, care or control of it at the time of its seizure consents to its forfeiture, the article is forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of its owner or the person having possession, care or control of the article at the time of its seizure.Forfeiture — offenceIf a person has been convicted of a contravention of this Act or the regulations, the court or judge may, in addition to any punishment imposed, order that any article by means of or in relation to which the offence was committed, and any thing of a similar nature belonging to or in the possession, care or control of the person or found with the article, be forfeited. On the making of the order, the article and thing are forfeited to Her Majesty in right of Canada and may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the person who has been convicted.Order for forfeiture on application of inspectorWithout prejudice to subsection (2), a judge of a superior court of the province in which any article is seized under this Part may, on the application of an inspector and on any notice to those persons that the judge directs, order that the article and any thing of a similar nature found with it be forfeited to Her Majesty in right of Canada, if the judge finds, after making any inquiry that the judge considers necessary, that the article is one by means of or in relation to which a provision of this Act or the regulations has been contravened. On the making of the order, the article or thing may be disposed of as the Minister or the Minister of Agriculture and Agri-Food may direct, at the expense of the owner of the article or the person having possession, care or control of it at the time of its seizure.R.S., 1985, c. F-27, s. 27; 1992, c. 1, s. 145(F); 1994, c. 38, s. 19; 1995, c. 1, s. 62; 1996, c. 8, s. 23.2; 1997, c. 6, s. 64; 2016, c. 9, s. 6
Removal, Forfeiture or Destruction of Unlawful Imports
Unlawful importsAn inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may decide whether to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device, the opportunity to take a measure in respect of it.FactorsIn making a decision under subsection (1), the inspector shall consider, among other factors:whether the food, drug, cosmetic or device presents a risk of injury to health or safety; andany other prescribed factors.Duty of inspectorIf the inspector decides under subsection (1) not to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector shall exercise, in respect of the food, drug, cosmetic or device, any of the powers conferred by the provisions of this Act, other than this section, or of the regulations.Measures that may be taken and noticeHowever, if the inspector decides under subsection (1) to give the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device the opportunity to take a measure in respect of it, the inspector, or any other inspector who is informed of the decision, shall decide whether the owner or importer, or the person having possession, care or control of it may remove it from Canada at their expense, consent to its forfeiture or take either of these measures, and shall notify or cause to be notified the owner or importer, or the person having possession, care or control of the food, drug, cosmetic or device that they may take that measure within the period specified by the inspector or other inspector, as the case may be.ForfeitureIf a person is notified under subsection (4) that they may consent to the forfeiture of the food, drug, cosmetic or device and the person consents to its forfeiture, the food, drug, cosmetic or device is forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the person’s expense.2016, c. 9, s. 6
Removal or destructionAn inspector who has reasonable grounds to believe that an imported food, drug, cosmetic or device does not meet the requirements of the regulations or was imported in contravention of a provision of this Act or the regulations may, by notice, whether the food, drug, cosmetic or device is seized or not, order its owner or importer, or the person having possession, care or control of it, to remove it from Canada at their expense or, if removal is not possible, to destroy it at their expense.NoticeThe notice must be delivered personally to the owner or importer of the food, drug, cosmetic or device, or the person having possession, care or control of it, or sent to the owner, importer or person by any method that provides proof of delivery or by any prescribed method.ForfeitureIf the food, drug, cosmetic or device is not removed from Canada, or destroyed, within the period specified in the notice — or, if no period is specified, within 90 days after the day on which the notice was delivered or sent — it is, despite section 26, forfeited to Her Majesty in right of Canada and may be disposed of, as the Minister may direct, at the expense of the person to whom the notice was delivered or sent.Suspension of application of subsection (3)An inspector may, for the period specified by the inspector, suspend the application of subsection (3) if the inspector is satisfied thatthe food, drug, cosmetic or device does not present a risk of injury to health;the food, drug, cosmetic or device will not be sold within that period;the measures that should have been taken for the food, drug, cosmetic or device not to have been imported in contravention of a provision of this Act or the regulations will be taken within that period; andif the food, drug, cosmetic or device does not meet the requirements of the regulations, it will be brought into compliance with those requirements within that period.CancellationAn inspector may cancel the notice if the inspector is satisfied thatthe food, drug, cosmetic or device does not present a risk of injury to health;the food, drug, cosmetic or device has not been sold within the period referred to in subsection (6);the measures referred to in paragraph (4)(c) were taken within that period; andif the food, drug, cosmetic or device did not meet the requirements of the regulations when it was imported, it was brought into compliance with those requirements within that period.PeriodThe period for the purposes of subsection (5) isif the application of subsection (3) was suspended under subsection (4), the period of the suspension; andif the application of subsection (3) was not suspended, the period specified in the notice or, if no period was specified, the period of 90 days after the day on which the notice was delivered or sent.Non-application of Statutory Instruments ActThe Statutory Instruments Act does not apply to the notice.2016, c. 9, s. 6
Preventive and Remedial Measures
MeasuresIf the Minister has reasonable grounds to believe that a person has contravened, or is likely to contravene, this Act or the regulations, the Minister may order the person to take any measures that the Minister considers necessary to remedy the contravention or prevent it.Duty to take measuresA person that is ordered to take measures shall take them.2019, c. 29, s. 171
Analysis
AnalystsThe Minister may designate any individual as an analyst for the purposes of the administration and enforcement of this Act.R.S., 1985, c. F-27, s. 28; 2016, c. 9, s. 6
Analysis and examinationAn inspector may submit to an analyst, for analysis or examination, any article seized by the inspector, any sample therefrom or any sample taken by the inspector.CostsThe analysis or examination of any article seized, or of any sample, shall be at the expense ofin respect of an article seized or a sample taken from it, the owner of the article or the person having possession, care or control of the article at the time of its seizure; orin respect of a sample taken by the inspector, the owner of the article from which the sample was taken or the person having possession, care or control of it at the time the sample was taken.Certificate or reportAn analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.R.S., 1985, c. F-27, s. 29; 2016, c. 9, s. 7
Power of the Minister
ListSubject to the regulations, the Minister may establish a list that sets out prescription drugs, classes of prescription drugs or both.Statutory Instruments ActThe list is not a regulation within the meaning of the Statutory Instruments Act.2012, c. 19, s. 413
[Repealed, 2024, c. 17, s. 324]
Regulations
RegulationsThe Governor in Council may make regulations for carrying the purposes and provisions of this Act into effect, and, in particular, but without restricting the generality of the foregoing, may make regulationsdeclaring that any food or drug or class of food or drugs is adulterated if any prescribed substance or class of substances is present therein or has been added thereto or extracted or omitted therefrom;declaring that any drug is adulterated if the Minister believes that a prescribed substance contained in that drug presents a serious risk to the environment;respecting consultations in respect of orders referred to in section 2.4;respectingthe labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices,the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices,the sale or the conditions of sale of any food, drug, cosmetic or device, andthe use of any substance as an ingredient in any food, drug, cosmetic or device,to prevent the purchaser or consumer thereof from being deceived or misled in respect of the design, construction, performance, intended use, quantity, character, value, composition, merit or safety thereof, or to prevent injury to the health of the purchaser or consumer;respecting, for the purposes of managing risks to the environment, any of the following:the labelling and packaging and the offering, exposing and advertising for sale of food, drugs, cosmetics and devices,the size, dimensions, fill and other specifications of packages of food, drugs, cosmetics and devices,the sale or the conditions of sale of any food, drug, cosmetic or device, andthe use of any substance as an ingredient in any food, drug, cosmetic or device;respecting the conduct of clinical trials;respecting the issuance of authorizations referred to in section 3.1 and the amendment, suspension and revocation of those authorizations;authorizing the Minister to impose terms and conditions on authorizations referred to in section 3.1, including existing authorizations, and to amend those terms and conditions;requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in section 3.1, and to the imposition and amendment of terms and conditions referred to in paragraph (b.3), along with the reasons for those decisions, are publicly available;requiring holders of an authorization referred to in section 3.1, or former holders of such an authorization, to provide the Minister, after the clinical trial to which the authorization relates is completed or discontinued or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the drug, device or food for a special dietary purpose that is or was the subject of the clinical trial;prescribing standards of composition, strength, potency, purity, quality or other property of any article of food, drug, cosmetic or device;respecting the importation of food, drugs, cosmetics and devices — including any importation that is solely for the purpose of export — in order to ensure compliance with the provisions of this Act and the regulations;respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device in the interest of, or for the prevention of injury to, the health of the purchaser or consumer or to manage risks to the environment;requiring persons that sell food, drugs, cosmetics or devices, or persons that import them solely for the purpose of export, to maintain any records, reports, electronic data or other documents that the Governor in Council considers necessary for the purposes of this Act;respecting the form and manner of the Minister’s indication under section 12, including the fees payable therefor, and prescribing what premises or what processes or conditions of manufacture, including qualifications of technical staff, shall or shall not be deemed to be suitable for the purposes of that section;requiring manufacturers of any drugs described in Schedule E to submit test portions of any batch of those drugs and respecting the form and manner of the Minister’s indication under section 13, including the fees payable therefor;respecting the provision to the Minister of evidence under subsection 16.3(2);respecting the establishment by the Minister of the list referred to in subsection 29.1(1), including amendments to it;respecting the powers, duties and functions of inspectors and analysts and the taking of samples;respecting the seizure, detention, forfeiture and disposition of articles under this Act;exempting, with or without conditions, any food, drug, cosmetic, device, person or activity from all or any of the provisions of this Act or the regulations;respecting orders referred to in sections 30.01, 30.02, 30.05 and 30.06;prescribing forms for the purposes of this Act and the regulations;respecting the time and manner in which information, notices and documents are to be provided or served under this Act;requiring persons to provide information to the Minister in respect of food, drugs, cosmetics or devices — or in respect of activities related to food, drugs, cosmetics or devices — in circumstances other than those provided for in this Act and authorizing the Minister to determine the information to be provided and the time and manner in which it is to be provided;providing for the analysis of food, drugs or cosmetics other than for the purposes of this Act and prescribing a tariff of fees to be paid for that analysis;respecting the assessment of the effect on the environment or on human life and health of the release into the environment of any food, drug, cosmetic or device, and the measures to take before importing or selling any such food, drug, cosmetic or device;adding anything to any of the schedules, other than to Schedule A or G, in the interest of, or for the prevention of injury to, the health of the purchaser or consumer, or deleting anything from any of the schedules, other than from Schedule A or G;respecting the distribution or the conditions of distribution of drugs as samples;respectingthe method of manufacture, preparation, preserving, packing, labelling, storing and testing of any new drug, andthe sale or the conditions of sale of any new drug,and defining for the purposes of this Act the expression new drug;authorizing the advertising to the general public of contraceptive devices and drugs manufactured, sold or represented for use in the prevention of conception and prescribing the circumstances and conditions under which, and the persons by whom, those devices and drugs may be so advertised;defining agricultural chemical, food additive, mineral nutrient, veterinary drug and vitamin for the purposes of this Act;[Repealed, 2024, c. 17, s. 325]respecting the implementation, in relation to any food, drug, cosmetic or device, of international agreements that affect them; andprescribing anything that by this Act is to be prescribed.ClassesA regulation made under this Act may establish classes and distinguish among those classes.Regulations — therapeutic productsWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make regulationsrespecting the issuance of authorizations — including licences — that authorize, as the case may be, the import, sale, advertisement, manufacture, preparation, preservation, packaging, labelling, storage or testing of a therapeutic product, and the amendment, suspension and revocation of such authorizations;authorizing the Minister to impose terms and conditions on authorizations referred to in paragraph (a), including existing authorizations, and to amend those terms and conditions;requiring the Minister to ensure that decisions with regard to the issuance, amendment, suspension and revocation of authorizations referred to in paragraph (a), and to the imposition and amendment of terms and conditions in respect of those authorizations, along with the reasons for those decisions, are publicly available;specifying provisions of the regulations that are excluded from the exemption provided for in section 21.94 or 21.96;requiring holders of a therapeutic product authorization that authorizes the import or sale of a therapeutic product for a clinical trial, or former holders of such an authorization, to provide the Minister, after the trial is completed or discontinued, or, if the authorization is suspended or revoked, after the suspension or revocation, with safety information that the holders or former holders receive or become aware of about the therapeutic product;[Repealed, 2019, c. 29, s. 172]requiring holders of a therapeutic product authorization to provide the Minister with information, in respect of any serious risk of injury to human health, that the holders receive or become aware of and that is relevant to the safety of the therapeutic product to which the authorization relates, regardingrisks that have been communicated outside Canada, and the manner of the communication,changes that have taken place to labelling outside Canada, andrecalls, reassessments and suspensions or revocations of authorizations, including licences, in respect of a therapeutic product, that have taken place outside Canada;requiring holders of a therapeutic product authorization to provide the Minister with information, in respect of any serious risk to the environment, that the holders receive or become aware of and that is relevant to the therapeutic product to which the authorization relates, regardingrisks that have been communicated outside Canada, and the manner of the communication,changes that have taken place to labelling outside Canada, andrecalls, reassessments and suspensions or revocations of authorizations, including licences, in respect of a therapeutic product, that have taken place outside Canada;specifying the business information obtained under this Act in relation to an authorization under paragraph (a) that is not confidential business information, or the circumstances in which business information obtained under this Act in relation to such an authorization ceases to be confidential business information;authorizing the Minister to disclose, without notifying the person to whose business or affairs the information relates or obtaining their consent, business information that, under regulations made under paragraph (d.1),is not confidential business information, orhas ceased to be confidential business information;respecting modifications of labels and modifications and replacements of packages referred to in sections 21.2 and 21.302;respecting the recall of a therapeutic product or the sale of a therapeutic product that is the subject of a recall;respecting assessments referred to in section 21.31, and the provision of the results of the assessments to the Minister;requiring the Minister to ensure that decisions with regard to the making of orders under section 21.31, along with the reasons for those decisions, are publicly available;respecting the compilation of information, the conducting of tests and studies and the monitoring that are referred to in paragraphs 21.32(a) and 21.33(a), and the provision to the Minister of the information or results referred to in paragraphs 21.32(b) and 21.33(b);prescribing anything that is to be prescribed under section 21.71;defining serious adverse drug reaction and medical device incident for the purposes of this Act;respecting the provision by health care institutions referred to in section 21.8 to the Minister of information referred to in that section; andprescribing anything that is to be prescribed under section 21.8.Consideration of existing information management systemsBefore recommending to the Governor in Council that a regulation be made under paragraph (1.2)(i) or (j), the Minister shall take into account existing information management systems, with a view to not recommending the making of regulations that would impose unnecessary administrative burdens.Regulations — preventing or alleviating shortagesWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing shortages of therapeutic products or foods for a special dietary purpose in Canada or alleviating those shortages or their effects, in order to protect human health.Regulations — animal testingWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of preventing, in respect of cosmetics, the conduct of a test on an animal that could cause pain, suffering or injury, whether physical or mental, to the animal, or preventing the purchaser or consumer of a cosmetic from being deceived or misled in respect of whether the cosmetic was tested on animals.Regulations respecting drugs manufactured outside CanadaWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make such regulations governing, regulating or prohibitingthe importation into Canada of any drug or class of drugs manufactured outside Canada, orthe distribution or sale in Canada, or the offering, exposing or having in possession for sale in Canada, of any drug or class of drugs manufactured outside Canada,as the Governor in Council deems necessary for the protection of the public in relation to the safety and quality of any such drug or class of drugs.Regulations — Canada–United States–Mexico Agreement and WTO AgreementWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing, in relation to drugs, Articles 20.48 and 20.49 of the Canada–United States–Mexico Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.DefinitionsIn subsection (3),Canada–United States–Mexico Agreement has the meaning assigned by the definition Agreement in section 2 of the Canada–United States–Mexico Agreement Implementation Act; (Accord Canada–États-Unis–Mexique)North American Free Trade Agreement[Repealed, 2020, c. 1, s. 58]WTO Agreement has the meaning given to the word Agreement by subsection 2(1) of the World Trade Organization Agreement Implementation Act. (Accord sur l’OMC)Regulations to implement General Council DecisionWithout limiting the power conferred by any other subsection of this section, the Governor in Council may make any regulations that the Governor in Council considers necessary for the purpose of implementing the General Council Decision.DefinitionsThe definitions in this subsection apply in this subsection and in subsection (5).General Council means the General Council of the WTO established by paragraph 2 of Article IV of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (Conseil général)General Council Decision means the decision of the General Council of August 30, 2003 respecting Article 31 of the TRIPS Agreement, including the interpretation of that decision in the General Council Chairperson’s statement of that date. (décision du Conseil général)TRIPS Agreement means the Agreement on Trade-Related Aspects of Intellectual Property Rights, being Annex 1C of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (Accord sur les ADPIC)WTO means the World Trade Organization established by Article I of the Agreement Establishing the World Trade Organization, signed at Marrakesh on April 15, 1994. (OMC)R.S., 1985, c. F-27, s. 30; 1993, c. 44, s. 158; 1994, c. 47, s. 117; 1999, c. 33, s. 347; 2004, c. 23, s. 2; 2005, c. 42, s. 2; 2012, c. 19, ss. 414, 415; 2014, c. 24, ss. 6, 14(E); 2016, c. 9, s. 82019, c. 29, s. 1722020, c. 1, s. 582020, c. 5, s. 332021, c. 7, s. 92023, c. 12, s. 672023, c. 26, s. 5062024, c. 17, s. 325
Supplementary Rules
Supplementary rules — therapeutic productSubject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a therapeutic product, other than the intended use, may present a risk of injury to health, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the therapeutic product for the purpose of preventing, managing or controlling the risk of injury to health.PromotionFor greater certainty, the Minister may, in the order, establish rules for the purpose of preventing the therapeutic product from being promoted for a use, other than the intended use, of a therapeutic product or preventing a use, other than the intended use, of a therapeutic product from being appealing.UncertaintyThe Minister may make the order despite any uncertainty respecting the risk of injury to health that the use of the therapeutic product, other than the intended use, may present.2024, c. 17, s. 326
Supplementary rules — drug intended for animalSubject to any regulations made under paragraph 30(1)(j.1) and if the Minister believes on reasonable grounds that the use of a drug intended for an animal of a particular species, including a use other than the intended use, may present a risk of adverse effects to human beings, animals of a different species or the environment, the Minister may, by order, establish rules in respect of the importation, sale, conditions of sale, advertising, manufacture, preparation, preservation, packaging, labelling, storage or testing of the drug for the purpose of preventing, managing or controlling the risk of adverse effects.UncertaintyThe Minister may make the order despite any uncertainty respecting the risk of adverse effects that the use of the drug, including a use other than the intended use, may present.2024, c. 17, s. 326
Statutory Instruments ActAn order made under subsection 30.01(1) or 30.02(1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act.2024, c. 17, s. 326
Availability — person-specific ordersThe Minister must ensure that any order made under subsection 30.01(1) or 30.02(1) that applies to only one person is publicly available but may exclude personal information and confidential business information from the order.2024, c. 17, s. 326
Exemption
Exemption — foods and therapeutic productsSubject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, on any conditions that the Minister considers necessary, exempt — other than in relation to cosmetics — a class of foods, therapeutic products, persons or activities from the application of all or any of the provisions of Part I, section 37 or the regulations.PreconditionsThe Minister may make an order only if the Minister believes on reasonable grounds thatit is necessary for a health or safety purpose or is otherwise in the public interest; andhaving regard to its benefits and conditions, it is unlikely to result inunacceptable health, safety or, if applicable, environmental risks, oran unacceptable degree of uncertainty respecting health, safety or, if applicable, environmental risks.Obligation to comply with conditionsAny person to whom a condition applies must comply with that condition.2024, c. 17, s. 326
Decision of Foreign Regulatory Authority
Deeming orderSubject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, deem that specified requirements of this Act or the regulations are met — in respect of a therapeutic product or food that belongs to a class specified in the order — on the basis of a decision of, or any information or document produced by, a foreign regulatory authority in respect of that therapeutic product or food.PreconditionsThe Minister may make the order only if the Minister believes on reasonable grounds thatit is necessary for a health or safety purpose or is otherwise in the public interest; andhaving regard to its benefits and conditions, it is unlikely to result inunacceptable health, safety or, if applicable, environmental risks, oran unacceptable degree of uncertainty respecting health, safety or, if applicable, environmental risks.Power to impose conditionsThe Minister may, in the order, impose any conditions that the Minister considers necessary.Obligation to comply with conditionsAny person to whom a condition applies must comply with that condition.ClarificationsFor greater certainty,the requirements referred to in subsection (1) include requirements imposed on the Minister;the Minister may rely on a portion of a decision of, or a portion of any document or information produced by, a foreign regulatory authority; andnothing in this section is intended to limit the Minister’s ability to consider information, documents or other material obtained, directly or indirectly, from a foreign regulatory authority.2024, c. 17, s. 328
Reference to Regulations
DeemingFor the purposes of any provision of this Act, other than sections 30.01, 30.02, 30.05 and 30.06, any reference to regulations made under this Act is deemed to include orders made under section 30.01, 30.02, 30.05 or 30.06.2024, c. 17, s. 328
Interim Orders
Interim ordersThe Minister may make an interim order that contains any provision that may be contained in a regulation made under this Act if the Minister believes that immediate action is required to deal with a significant risk, direct or indirect, to health, safety or the environment.Cessation of effectAn interim order has effect from the time that it is made but ceases to have effect on the earliest of14 days after it is made, unless it is approved by the Governor in Council,the day on which it is repealed,the day on which a regulation made under this Act, that has the same effect as the interim order, comes into force, andone year after the interim order is made or any shorter period that may be specified in the interim order.Contravention of unpublished orderNo person shall be convicted of an offence consisting of a contravention of an interim order that, at the time of the alleged contravention, had not been published in the Canada Gazette unless it is proved that, at the time of the alleged contravention, the person had been notified of the interim order or reasonable steps had been taken to bring the purport of the interim order to the notice of those persons likely to be affected by it.Exemption from Statutory Instruments ActAn interim orderis exempt from the application of sections 3, 5 and 11 of the Statutory Instruments Act; andshall be published in the Canada Gazette within 23 days after it is made.DeemingFor the purpose of any provision of this Act other than this section and section 30.05, any reference to regulations made under this Act is deemed to include interim orders, and any reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.Tabling of orderA copy of each interim order must be tabled in each House of Parliament within 15 days after it is made.House not sittingIn order to comply with subsection (6), the interim order may be sent to the Clerk of the House if the House is not sitting.2004, c. 15, s. 662024, c. 17, s. 329
[Repealed, 2024, c. 17, s. 330]
[Repealed, 2024, c. 17, s. 330]
[Repealed, 2024, c. 17, s. 330]
Incorporation by Reference
Incorporation by referenceA regulation made under this Act with respect to a food or therapeutic product and an order made under subsection 30.63(1) 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.Accessibility of incorporated documentsThe Minister shall ensure that any document that is incorporated by reference is accessible.DefenceA 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.No registration or publicationFor 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.2012, c. 19, s. 416; 2014, c. 24, s. 72024, c. 17, s. 331
Existing power not limitedFor greater certainty, an express power in this Act to incorporate a document by reference does not limit the power that otherwise exists to incorporate a document by reference in a regulation made under this Act.2012, c. 19, s. 416
Fees
FeesThe Minister may, by order, fix the following fees in relation to a drug, device, food or cosmetic:fees to be paid for a service, or the use of a facility, provided under this Act;fees to be paid in respect of regulatory processes or approvals provided under this Act; andfees to be paid in respect of products, rights and privileges provided under this Act.Amount not to exceed costA fee fixed under paragraph (1)(a) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.Aggregate amount not to exceed costFees fixed under paragraph (1)(b) may not in the aggregate exceed the cost to Her Majesty in right of Canada in respect of providing the regulatory processes or approvals.2017, c. 20, s. 317
ConsultationBefore making an order under subsection 30.61(1), the Minister shall consult with any persons that the Minister considers to be interested in the matter.2017, c. 20, s. 317
Remission of feesThe Minister may, by order, remit all or part of any fee fixed under subsection 30.61(1) and the interest on it.Remission may be conditionalA remission granted under subsection (1) may be conditional.Conditional remissionIf a remission granted under subsection (1) is conditional and the condition is not fulfilled, then the remission is cancelled and is deemed never to have been granted.2017, c. 20, s. 317
Non-payment of feesThe 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
Adjustment of amountsAn 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.Notice of adjusted amountThe 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
Service Fees ActThe Service Fees Act does not apply to a fee fixed under subsection 30.61(1).2017, c. 20, s. 317
Costs
RecoveryHer 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.Time limitProceedings 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
Certificate of defaultAny 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.JudgmentOn 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
Contravention of Act or regulationsSubject 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 liableon 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; andon 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
Offences relating to foodEvery person who contravenes any provision of this Act or the regulations, as it relates to food, is guilty of an offence and liableon summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; oron conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.ClarificationFor greater certainty, subsection (1) applies in respect of the following provisions of this Act:section 3, if the contravention of that section involves food;section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to food;section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to food;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;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;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;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;subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to food; andsubsection 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. 662019, c. 29, s. 173
Offences relating to therapeutic productsSubject 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 liableon conviction by indictment, to a fine not exceeding $5,000,000 or to imprisonment for a term not exceeding two years or to both; andon 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.ClarificationFor greater certainty, subsection (1) applies in respect of the following provisions of this Act:section 3, if the contravention of that section involves a therapeutic product;section 3.1 or 3.3, if the contravention of that section involves a clinical trial that relates to a therapeutic product;section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product;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;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;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;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;subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; andsubsection 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, 102019, c. 29, s. 174
Due diligenceDue 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
Offences — section 21.6 and serious riskA 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 liableon 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; andon 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.ClarificationFor greater certainty, subsection (1) applies in respect of the following provisions of this Act:section 3, if the contravention of that section involves a therapeutic product;section 3.1, if the contravention of that section involves a clinical trial that relates to a therapeutic product;section 3.2, if the contravention of that section involves the terms and conditions of an authorization that authorizes the conduct of a clinical trial that relates to a therapeutic product;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;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;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;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;subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; andsubsection 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, 112019, c. 29, s. 175
Sentencing considerationsA court that imposes a sentence for an offence under section 31.2 or 31.4 shall take into account, in addition to any other principles that it is required to consider, the following factors:the harm or risk of harm caused by the commission of the offence; andthe vulnerability of consumers of the therapeutic product.2014, c. 24, s. 9
Parties to offenceIf a person other than an individual commits an offence under section 31.2, or commits an offence under section 31.4 by reason of contravening section 21.6, then any of the person’s directors, officers or agents or mandataries who directs, authorizes, assents to or acquiesces or participates in the commission of the offence is a party to the offence and is liable on conviction to the punishment provided for by this Act, even if the person is not prosecuted for the offence.2014, c. 24, s. 9
Continuing offenceIf an offence under section 31.2 or 31.4 is committed or continued on more than one day, it constitutes a separate offence for each day on which it is committed or continued.2014, c. 24, s. 9
Limitation periodA prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister or, in the case of a contravention of a provision of the Act that relates to food, to the Minister of Agriculture and Agri-Food.Minister’s certificateA document purporting to have been issued by the Minister referred to in subsection (1), certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.R.S., 1985, c. F-27, s. 32; 1997, c. 6, s. 66
VenueA prosecution for a contravention of this Act or the regulations may be instituted, heard, tried or determined in the place in which the offence was committed or the subject-matter of the prosecution arose or in any place in which the accused is apprehended or happens to be.R.S., c. F-27, s. 28
Want of knowledgeSubject to subsection (2), in a prosecution for the sale of any article in contravention of this Act, except Parts III and IV, or of the regulations made under this Part, if the accused proves to the satisfaction of the court or judge thatthe accused purchased the article from another person in packaged form and sold it in the same package and in the same condition the article was in at the time it was so purchased, andthat the accused could not with reasonable diligence have ascertained that the sale of the article would be in contravention of this Act or the regulations,the accused shall be acquitted.Notice of reliance on want of knowledgeSubsection (1) does not apply in any prosecution unless the accused, at least ten days before the day fixed for the trial, has given to the prosecutor notice in writing that the accused intends to avail himself of the provisions of subsection (1) and has disclosed to the prosecutor the name and address of the person from whom the accused purchased the article and the date of purchase.R.S., c. F-27, ss. 29, 39, 46
Certificate of analystSubject 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.Requiring attendance of analystThe party against whom a certificate of an analyst is produced pursuant to subsection (1) may, with leave of the court, require the attendance of the analyst for the purposes of cross-examination.Notice of intention to produce certificateNo certificate shall be admitted in evidence pursuant to subsection (1) unless, before the trial, the party intending to produce the certificate has given reasonable notice of that intention, together with a copy of the certificate, to the party against whom it is intended to be produced.Proof of serviceFor the purposes of this Act, service of any certificate referred to in subsection (1) may be proved by oral evidence given under oath by, or by the affidavit or solemn declaration of, the person claiming to have served it.Attendance for examinationNotwithstanding subsection (4), the court may require the person who appears to have signed an affidavit or solemn declaration referred to in that subsection to appear before it for examination or cross-examination in respect of the issue of proof of service.R.S., 1985, c. F-27, s. 35; R.S., 1985, c. 27 (1st Supp.), s. 192; 1996, c. 19, s. 78; 2014, c. 24, s. 12
Proof as to manufacturer or packagerIn a prosecution for a contravention of this Act or of the regulations made under this Part, proof that a package containing any article to which this Act or the regulations apply bore a name or address purporting to be the name or address of the person by whom it was manufactured or packaged is, in the absence of evidence to the contrary, proof that the article was manufactured or packaged, as the case may be, by the person whose name or address appeared on the package.Offence by employee or agentIn a prosecution for a contravention described in subsection (1), it is sufficient proof of the offence to establish that it was committed by an employee or agent of the accused whether or not the employee or agent is identified or has been prosecuted for the offence.Certified copiesIn a prosecution for a contravention described in subsection (1), a copy of or extract from a document, including electronic data, that is certified to be a true copy by the inspector who made or took it under paragraph 23(2)(c), (d) or (f), as the case may be, is admissible in evidence and is, in the absence of evidence to the contrary, proof of its contents.Where accused had adulterating substancesWhere a person is prosecuted under this Part for having manufactured an adulterated food or drug for sale, and it is established that the person had in his possession or on his premises any substance the addition of which to that food or drug has been declared by regulation to cause the adulteration of the food or drug, the onus of proving that the food or drug was not adulterated by the addition of that substance lies on the accused.R.S., 1985, c. F-27, s. 36; 1996, c. 19, s. 792019, c. 29, s. 176
Exports
Conditions under which exports exemptThis Act does not apply to any packaged food, drug, cosmetic or device ifit is manufactured or prepared in Canada;it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; andthe packaged food, drug, cosmetic or device meets any other prescribed requirement.Exception — ActDespite subsection (1),section 4, subsection 5(1) and section 7 apply to any food;section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;sections 16 and 18 apply to any cosmetic; andsection 19 and subsection 20(1) apply to any device.Exception — regulationsDespite subsection (1), any prescribed provision of the regulations applies to any food, drug, cosmetic or device.Exception — General Council DecisionDespite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.R.S., 1985, c. F-27, s. 37; 1993, c. 34, s. 73; 1996, c. 19, s. 80; 2004, c. 23, s. 3; 2016, c. 9, s. 112020, c. 5, s. 342021, c. 7, s. 10
Conditions under which transhipment exemptThis Act does not apply to any packaged food, drug, cosmetic or device ifit is manufactured or prepared outside Canada;it is imported solely for the purpose of export and is not sold for consumption or use in Canada; andit meets any other prescribed requirement.2016, c. 9, s. 12
[Repealed, 1996, c. 19, s. 81](Section 2.4)PART 1Things that Fall Within Definition “Food” in Section 2ItemDescription  
PART 2Things that Fall Within Definition “Drug” in Section 2ItemDescription  
PART 3Things that Fall Within Definition “Cosmetic” in Section 2ItemDescription  
PART 4Things that Fall Within Definition “Device” in Section 2ItemDescription  
2019, c. 29, s. 178(Section 3)Acute alcoholismAlcoolisme aiguAcute anxiety stateÉtat anxieux aiguAcute infectious respiratory syndromesSyndromes respiratoires infectieux aigusAcute, inflammatory and debilitating arthritisArthrite aiguë, inflammatoire et débilitanteAcute psychotic conditionsTroubles psychotiques aigusAddiction (except nicotine addiction)Dépendance (sauf la dépendance à la nicotine)AppendicitisAppendiciteArteriosclerosisArtérioscléroseAsthmaAsthmeCancerCancerCongestive heart failureInsuffisance cardiaque congestiveConvulsionsConvulsionsDementiaDémenceDepressionDépressionDiabetesDiabèteGangreneGangrèneGlaucomaGlaucomeHaematologic bleeding disordersAffections hématologiques hémorragiquesHepatitisHépatiteHypertensionHypertensionNausea and vomiting of pregnancyNausées et vomissements de la grossesseObesityObésitéRheumatic feverRhumatisme articulaire aiguSepticemiaSepticémieSexually transmitted diseasesMaladies transmises sexuellementStrangulated herniaHernie étrangléeThrombotic and Embolic disordersMaladies thrombotiques et emboliesThyroid diseaseGlande thyroïdienne (affections)Ulcer of the gastro-intestinal tractUlcères des voies gastro-intestinalesR.S., 1985, c. F-27, Sch. A; SOR/88-252; SOR/89-503; SOR/90-655; SOR/92-198; SOR/94-287; SOR/99-413, 414; SOR/2007-289, ss. 1, 22019, c. 29, s. 177(Section 10)The most recent editions, including all errata, supplements, revisions and addenda, of the following standards:Column IColumn IIItemNameAbbreviation1European Pharmacopoeia(Ph.Eur.)2Pharmacopée française(Ph.F.)3Pharmacopoeia Internationalis(Ph.I.)4The British Pharmacopoeia(B.P.)5The Canadian Formulary(C.F.)6The National Formulary(N.F.)7The Pharmaceutical Codex: Principles and Practices of Pharmaceuticals8The United States Pharmacopoeia(U.S.P.)
R.S., 1985, c. F-27, Sch. B; SOR/85-276; SOR/89-315; SOR/90-160; SOR/94-288; SOR/95-530, s. 2; SOR/96-96(Section 12)Drugs, other than radionuclides, sold or represented for use in the preparation of radiopharmaceuticalsDrogues...RadiopharmaceuticalsProduits pharmaceutiques radioactifsR.S., c. F-27, Sch. C; SI/72-44; SI/76-1; SOR/79-237; SOR/81-195, 332; SOR/82-769(Section 12)Allergenic substances used for the treatment or diagnosis of allergic or immunological diseasesSubstances...Anterior pituitary extractsExtraits hypophysaires (lobe antérieur)AprotininAprotinineCholecystokininCholécystokinineDrugs obtained by recombinant DNA proceduresDrogues obtenues...Drugs, other than antibiotics, prepared from micro-organismsDrogues, sauf...Drugs that are or are made from bloodDrogue qui est...GlucagonGlucagonGonadotrophinsGonadotrophinesImmunizing agentsAgents immunisantsInsulinInsulineInterferonInterféronMonoclonal antibodies, their conjugates and derivativesAnticorps monoclonaux et leurs dérivés et conjuguésSecretinSécrétineSnake VenomVenin de serpentUrokinaseUrokinaseR.S., 1985, c. F-27, Sch. D; SOR/85-715, s. 1; SOR/89-177; SOR/93-64; SOR/97-560; SOR/2007-120; SOR/2013-180(Section 13)[There are no items in this Schedule.]R.S., c. F-27, Sch. E; SOR/77-824; SOR/82-769(Section 15)[There are no items in this Schedule of the FOOD AND DRUGS ACT.]R.S., c. F-27, Sch. F; SOR/84-566(Sections 2 and 21.91)ItemDescription  
R.S., 1985, c. F-27, Sch. G; SOR/92‑387; 1996, c. 19, s. 822019, c. 29, s. 179[Repealed, 1996, c. 19, s. 82]RELATED PROVISIONS — R.S., 1985, c. 27 (1st Supp.), s. 208
Writs of AssistanceNothing in sections 190, 195, 199 and 200 of this Act shall be construed as rendering invalid or inadmissible in any proceedings any evidence obtained by the exercise of a writ of assistance prior to the coming into force of those sections.
 — 1997, c. 6, s. 66(2)
TransitionalFor greater certainty, the two year limitation period provided for in subsection 32(1) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
 — 2005, c. 42, s. 4
Deeming provisionA Notice of Interim Marketing Author­ization that is issued under the Food and Drug Regulations before the day on which this section comes into force, in respect of any matter referred to in subsection 30.2(2) of the Food and Drugs Act, as enacted by section 3 of this Act, and that is in effect on the day on which this section comes into force, is deemed to be an interim marketing authorization issued under subsection 30.2(1) of that Act.
 — 2005, c. 42, s. 5(1)
Pest control productsThe maximum residue limit established for an agricultural chemical and its derivatives under the Food and Drug Regulations, as those regulations read immediately before the coming into force of this subsection, is deemed, if the agricultural chemical is a pest control product as defined in subsection 2(1) of the Pest Control Products Act, chapter 28 of the Statutes of Canada, 2002, to have been specified by the Minister under section 9 or 10 of that Act as the maximum residue limit for that agricultural chemical and its derivatives.
 — 2012, c. 19, s. 417
Interim marketing authorizationAn interim marketing authorization that is issued under subsection 30.2(1) of the Food and Drugs Act and in effect immediately before the day on which section 416 comes into force continues to have effect until the earliest ofthe day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette;the day on which a marketing authorization — or any part of it — that is issued under subsection 30.3(1) of the Food and Drugs Act, as enacted by section 416, has the same effect as the interim marketing authorization; andtwo years after the day on which the interim marketing authorization is published in the Canada Gazette.Exemption from Statutory Instruments ActA notice cancelling an interim marketing authorization is exempt from sections 3, 5 and 11 of the Statutory Instruments Act.
 — 2014, c. 24, s. 13
Therapeutic product authorizationsThe 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.
 — 2019, c. 29, s. 180
Clinical trials — certain drugsA person that, immediately before the coming into force of section 166, is authorized under Division 5 of Part C of the Food and Drug Regulations to sell or import a drug for the purposes of a clinical trial is deemed to be the holder, in respect of that drug, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
 — 2019, c. 29, s. 181
Studies — positron-emitting radiopharmaceuticalsA person that, immediately before the coming into force of section 166, is authorized under Division 3 of Part C of the Food and Drug Regulations to sell or import a positron-emitting radiopharmaceutical for the purposes of a study is deemed to be the holder, in respect of that positron-emitting radiopharmaceutical, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
 — 2019, c. 29, s. 182
Clinical trials — natural health productsA person that, immediately before the coming into force of section 166, is authorized under Part 4 of the Natural Health Products Regulations to sell or import a natural health product for the purposes of a clinical trial is deemed to be the holder, in respect of that natural health product, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
 — 2019, c. 29, s. 183
Investigational testing — certain medical devicesA person that, immediately before the coming into force of section 166, is authorized under Part 3 of the Medical Devices Regulations to sell or import a Class II, III or IV medical device for investigational testing is deemed to be the holder, in respect of the device, of an authorization referred to in section 3.1 of the Food and Drugs Act, as enacted by that section 166.
 — 2022, c. 17, s. 76
Clarification — immediate applicationFor greater certainty, but subject to sections 77 and 78, the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
 — 2022, c. 17, par. 77(2)(a)
Certain applications for warrantsEach of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day:subsection 23(12) of the Food and Drugs Act;
 — 2022, c. 17, s. 78.1
Impact of remote proceedingsThe Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedingsenhance, preserve or adversely affect access to justice;maintain fundamental principles of the administration of justice; andadequately address the rights and obligations of participants in the criminal justice system, including accused persons.ReportThe Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
 — 2022, c. 17, s. 78.2
Review by committeeAt the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions.ReportThe committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
 — 2023, c. 26, s. 503
Authorizations and licencesThe definition therapeutic product authorization in section 2 of the Food and Drugs Act also includesan authorization, including a licence, that was issued, before the day on which this section comes into force, under the regulations made under that Act and that authorizes, as the case may be, the import, sale, manufacture, packaging or labelling of a natural health product, within the meaning of the Natural Health Products Regulations as those Regulations read immediately before that day; oran authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended.
 — 2024, c. 17, s. 332
Marketing authorizationsMarketing authorizations issued under section 30.2 or 30.3 of the Food and Drugs Act, as those sections read immediately before the day on which section 330 comes into force, that have not been repealed before that day are deemed to be made under subsection 30.05(1) of that Act.
AMENDMENTS NOT IN FORCE — 2023, c. 12, s. 64
The Food and Drugs Act is amended by adding the following after section 11:
Risk to environmentIt is prohibited for a person to sell, or to manufacture, prepare, preserve, package or store for sale, any drug that contains a prescribed substance, unless the Minister has conducted an assessment, in accordance with the regulations made under paragraph 30(1)(l.1), of the risk to the environment presented by the substance.
 — 2023, c. 12, s. 67
[In force]Subsection 30(1) of the Act is amended by adding the following after paragraph (a.01):prescribing the substances that are subject to an assessment under section 11.1;[In force]1999, c. 33, s. 347Paragraph 30(1)(l.1) of the Act is replaced by the following:respecting the assessment of the risk to the environment or human life and health of the release into the environment of any food, drug, cosmetic or device;respecting, for the purpose of managing risks to the environment identified as part of an assessment under this Act, measures in respect of selling or importing, manufacturing, preparing, preserving, packaging or storing for sale any food, drug, cosmetic or device;authorizing the Minister to waive any requirement respecting the assessment under this Act of the risk to the environment presented by a food, drug, cosmetic or device;Section 30 of the Act is amended by adding the following after subsection (1):Relevant factorBefore recommending to the Governor in Council that a regulation be made under paragraph (1)(a.02), the Minister must take into account the degree of uncertainty respecting the risks to the environment associated with the use of a substance as an ingredient in a drug, including its release into the environment.[In force]
 — 2023, c. 26, s. 501(2)
Section 21.321 of the Act is repealed.
 — 2023, c. 26, s. 502(2)
Subsection 21.8(2) of the Act is repealed.
 — 2024, c. 17, s. 327
Section 30.05 of the Act is amended by adding the following after subsection (1):Exemption — personSubject to subsection (2) and any regulations made under paragraph 30(1)(j.1), the Minister may, by order, on any conditions that the Minister considers necessary, exempt a person — or any food, therapeutic product or activity, or any class of foods, therapeutic products or activities, in relation to a person — from the application of all or any of the provisions of Part I, section 37 or the regulations. The order cannot relate to cosmetics.The portion of subsection 30.05(2) of the Act before paragraph (a) is replaced by the following:PreconditionsThe Minister may make an order under subsection (1) or (1.1) only if the Minister believes on reasonable grounds thatSection 30.05 of the Act is amended by adding the following after subsection (3):Statutory Instruments ActAn order made under subsection (1.1) that applies to only one person is not a statutory instrument within the meaning of the Statutory Instruments Act.Availability — person-specific ordersThe Minister must ensure that any order made under subsection (1.1) is publicly available but may exclude personal information and confidential business information from the order.
2024, c. 172025-03-272024, c. 172024-06-202023, c. 262023-12-222023, c. 262023-06-222023, c. 122023-06-132022, c. 172023-01-142021, c. 72021-05-062020, c. 52020-10-012020, c. 12020-07-012019, c. 292020-05-23