Food and Drug Regulations

C.08.005 (1) Subject to subsection (1.1) and notwithstanding sections C.08.002 and C.08.003, a manufacturer of a new drug may sell it to a qualified investigator to be used solely for the purpose of clinical testing to obtain evidence with respect to the safety, dosage and effectiveness of that new drug, when the following conditions are met:

• (a) before the sale, the manufacturer has filed with the Minister, in compliance with section C.08.005.1, a preclinical submission containing information and material respecting

  • (i) the brand name of the new drug or the identifying name or code proposed for the new drug,

  • (ii) the chemical structure or other specific identification of the composition of the new drug,

  • (iii) the source of the new drug,

  • (iv) a detailed protocol of the clinical testing,

  • (v) the results of investigations made to support the clinical use of the new drug,

  • (vi) the contra-indications and precautions known in respect of the new drug and the suggested treatment of overdosage of the new drug,

  • (vii) all ingredients of the new drug, stated quantitatively,

  • (viii) the methods, equipment, plant and controls used in the manufacture, processing and packaging of the new drug,

  • (ix) the tests applied to control the potency, purity and safety of the new drug, and

  • (x) the names and qualifications of all investigators to whom the drug is to be sold and the names of all institutions in which the clinical testing is to be carried out;

• (b) the Director has not, within 60 days after the date of receipt of the preclinical submission, sent by registered mail to the manufacturer a notice in respect of that new drug indicating that the preclinical submission is not satisfactory;

• (c) all inner labels and outer labels used in conjunction with the sale of the new drug to qualified investigators carry the statements

  • (i) “Investigational Drug” or “Drogue de recherche”, and

  • (ii) “To Be Used By Qualified Investigators Only” or “Réservée uniquement à l’usage de chercheurs compétents”;

• (d) before the sale, the manufacturer ascertains that every qualified investigator to whom the new drug is to be sold

  • (i) has the facilities for the clinical testing to be conducted by the investigator, and

  • (ii) has received the information and material referred to in subparagraphs (a)(i) to (vi); and

• (e) every qualified investigator to whom the new drug is to be sold has agreed in writing with the manufacturer that the investigator will

  • (i) not use the new drug or permit it to be used other than for clinical testing,

  • (ii) not permit the new drug to be used by any person other than the investigator except under the investigator’s direction,

  • (iii) report immediately to that manufacturer and, if so required by the Director, report to the Director all serious adverse reactions encountered during the clinical testing, and

  • (iv) account to the manufacturer for all quantities of the new drug received, where so requested by the manufacturer.

(1.1) This section applies only in respect of a new drug for veterinary use.

(2) Notwithstanding subsection (1), no manufacturer shall sell a new drug to a qualified investigator unless that manufacturer has, in respect of all previous sales of that new drug to any qualified investigator,

• (a) kept accurate records of the distribution of that new drug and of the results of the clinical testing and has made those records available to the Director for inspection on the request of the Director; and

• (b) immediately reported to the Director all information he has obtained with respect to serious adverse reactions.

(3) The Minister may notify the manufacturer of a new drug that sales of that new drug to qualified investigators are prohibited if, in the opinion of the Minister, it is in the interest of public health to do so.

(4) Notwithstanding subsection (1), no manufacturer shall sell a new drug to a qualified investigator if the Minister has notified the manufacturer of that drug that such sales are prohibited.

(5) Paragraph (1)(c) does not apply to a radiopharmaceutical as defined in section C.03.201 or to a component or kit as defined in section C.03.205.