Food and Drugs Act (R.S.C., 1985, c. F-27)

RELATED PROVISIONS

• — R.S., 1985, c. 27 (1st Supp.), s. 208

  • Writs of Assistance

    208 Nothing 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)

  • Transitional

    • 66 (2) For 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 provision

    4 A 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 products

    • 5 (1) The 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 authorization

    • 417 (1) An 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 of

      • (a) the day on which the Minister of Health publishes a notice cancelling the interim marketing authorization in the Canada Gazette;

      • (b) 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; and

      • (c) two years after the day on which the interim marketing authorization is published in the Canada Gazette.

    • Exemption from Statutory Instruments Act

      (2) A 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 authorizations

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

• — 2019, c. 29, s. 180

  • Clinical trials — certain drugs

    180 A 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 radiopharmaceuticals

    181 A 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 products

    182 A 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 devices

    183 A 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 application

    76 For 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 warrants

    • 77 (2) Each 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:

      • (a) subsection 23(12) of the Food and Drugs Act;

• — 2022, c. 17, s. 78.1

  • Impact of remote proceedings

    • 78.1 (1) The 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 proceedings

      • (a) enhance, preserve or adversely affect access to justice;

      • (b) maintain fundamental principles of the administration of justice; and

      • (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons.

    • Report

      (2) The 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 committee

    • 78.2 (1) At 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.

    • Report

      (2) The 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 licences

    503 The definition therapeutic product authorization in section 2 of the Food and Drugs Act also includes

    • (a) an 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; or

    • (b) an authorization, including a licence, that would fall within paragraph (a) if the authorization were not suspended.

• — 2024, c. 17, s. 332

  • Marketing authorizations

    332 Marketing 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.