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An Act to amend the Food and Drugs Act, the Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian Environmental Protection Act, 1999, the Pest Control Products Act and the Canada Consumer Product Safety Act and to make related amendments to another Act (S.C. 2016, c. 9)

Assented to 2016-12-12

7 Section 29 of the Act is amended by adding the following after subsection (1):

  • Marginal note:Costs

    (1.1) The analysis or examination of any article seized, or of any sample, shall be at the expense of

    • (a) in 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; or

    • (b) in 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.

  • 8 (1) Paragraph 30(1)(d) of the Act is replaced by the following:

    • (d) 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;

  • (2) Paragraph 30(1)(f) of the Act is replaced by the following:

    • (f) requiring persons who sell food, drugs, cosmetics or devices, or persons who import them solely for the purpose of export, to maintain any books and records that the Governor in Council considers necessary for the purposes of this Act;

  • (3) Paragraphs 30(1)(i) and (j) of the Act are replaced by the following:

    • (i) respecting the powers, duties and functions of inspectors and analysts and the taking of samples;

    • (i.1) respecting the seizure, detention, forfeiture and disposition of articles under this Act;

    • (j) 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;

  • (4) Subsection 30(1) of the Act is amended by adding the following after paragraph (k):

    • (k.1) respecting the time and manner in which information, notices and documents are to be provided or served under this Act;

  • (5) Subsection 30(1) of the Act is amended by striking out “and” at the end of paragraph (q) and by adding the following after paragraph (r):

    • (s) respecting the implementation, in relation to any food, drug, cosmetic or device, of international agreements that affect them; and

    • (t) prescribing anything that by this Act is to be prescribed.

9 The Act is amended by adding the following after section 30.6:

Costs

Marginal note:Recovery

  • 30.7 (1) Her 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.

  • Marginal note:Time limit

    (2) Proceedings 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.

Marginal note:Certificate of default

  • 30.8 (1) Any 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.

  • Marginal note:Judgment

    (2) On 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.

Marginal note:2014, c. 24, s. 8

10 The portion of section 31 of the Act before paragraph (a) is replaced by the following:

Marginal note:Contravention of Act or regulations

31 Subject 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 liable

Marginal note:1993, c. 34, s. 73; 2004, c. 23, s. 3

11 Section 37 of the Act is replaced by the following:

Marginal note:Conditions under which exports exempt

  • 37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

    • (a) it is manufactured or prepared in Canada;

    • (b) 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;

    • (c) 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; and

    • (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.

  • Marginal note:Exception — Act

    (1.1) Despite subsection (1),

    • (a) section 4, subsection 5(1) and section 7 apply to any food;

    • (b) 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;

    • (c) sections 16 and 18 apply to any cosmetic; and

    • (d) section 19 and subsection 20(1) apply to any device.

  • Marginal note:Exception — regulations

    (1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device applies to any packaged food, drug, cosmetic or device.

  • Marginal note:Exception — General Council Decision

    (2) Despite 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.

12 The Act is amended by adding the following after section 37:

Marginal note:Conditions under which transhipment exempt

38 This Act does not apply to any packaged food, drug, cosmetic or device if

  • (a) it is manufactured or prepared outside Canada;

  • (b) it is imported solely for the purpose of export and is not sold for consumption or use in Canada; and

  • (c) it meets any other prescribed requirement.

R.S., c. H-3Hazardous Products Act

13 Subsection 15(1) of the Hazardous Products Act is amended by adding the following after paragraph (l):

  • (l.1) respecting the implementation, in relation to hazardous products, of international agreements that affect those products;

Marginal note:R.S., c. 24 (3rd Supp.), s. 1; 2014, c. 20, s. 122

14 Subsection 21(1) of the Act is replaced by the following:

Marginal note:Inspectors and analysts

  • 21 (1) The Minister may designate as an inspector or analyst for the purposes of the administration and enforcement of any provision of this Act and of the regulations any individual or class of individuals to exercise powers or perform duties or functions in relation to any matter referred to in the designation. However, if the individual is employed by a provincial government, or a public body established under an Act of the legislature of a province, the Minister may make the designation only after obtaining the approval of that government or public body.

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