Budget Implementation Act, 2019, No. 1 (S.C. 2019, c. 29)
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Assented to 2019-06-21
PART 4Various Measures (continued)
DIVISION 9Regulatory Modernization (continued)
SUBDIVISION CR.S., c. F-27Food and Drugs Act (continued)
175 (1) Section 31.4 of the Act is renumbered as subsection 31.4(1) and is amended by adding the following:
Marginal note:Clarification
(2) For greater certainty, subsection (1) applies in respect of the following provisions of this Act:
(a) section 3, if the contravention of that section involves a therapeutic product;
(b) 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;
(c) 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;
(d) 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;
(e) 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;
(f) subsection 24(2), if the contravention of that subsection involves anything seized that is or relates to a therapeutic product; and
(g) subsection 27.3(2), if the contravention of that subsection involves measures that were ordered to be taken in relation to a therapeutic product.
(2) Subsection 31.4(2) of the Act is amended by adding the following after paragraph (a):
(a.1) section 3.1, if the contravention of that section involves a clinical trial that relates to a therapeutic product;
(a.2) 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;
176 Subsection 36(3) of the Act is replaced by the following:
Marginal note:Certified copies
(3) In 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.
177 Schedule A to the Act is renamed as Schedule A.1.
178 The Act is amended by adding, before Schedule A.1, the Schedule A set out in Schedule 2 to this Act.
179 The Act is amended by adding, after Schedule F, the Schedule G set out in Schedule 3 to this Act.
Transitional Provisions
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Coming into Force
Marginal note:Order in council
184 Subsections 163(2) and (4), section 166 and subsections 168(2), 172(2), (7) and (8), 173(2), 174(2) and 175(2) come into force on a day to be fixed by order of the Governor in Council.
SUBDIVISION DR.S., c. I-3Importation of Intoxicating Liquors Act
Marginal note:2014, c. 2, s. 12
185 The definition province in section 2 of the Importation of Intoxicating Liquors Act is replaced by the following:
- province
province means any province — other than Yukon, the Northwest Territories and Nunavut — in which there is in force an Act giving the government of the province or any board, commission, officer or other governmental agency control over the sale of intoxicating liquor in that province; (province)
186 (1) Subsection 3(1) of the Act is replaced by the following:
Marginal note:Prohibition
3 (1) Despite any other Act or law, other than the Foreign Missions and International Organizations Act, a person is not permitted to import, or cause to be imported, into a province from a place outside Canada any intoxicating liquor unless the intoxicating liquor has been purchased by or on behalf of, and is consigned to, Her Majesty or the executive government of a province, or any board, commission, officer or other governmental agency of the province that, by the law of that province, is authorized to sell intoxicating liquor.
Marginal note:2002, c. 22, s. 395(2)
(2) Paragraph 3(2)(a) of the Act is replaced by the following:
(a) the transportation of intoxicating liquor through a province to a territory or through Canada to a destination outside Canada, by the producer of the liquor or by a common carrier, if, during the time that the intoxicating liquor is being transported, its container is not opened or broken or any of the liquor is drunk or used;
Marginal note:2014, c. 20, s. 163
(3) Subsection 3(2) of the Act is amended by striking out “and” at the end of paragraph (g) and by repealing paragraph (h).
187 Section 4 of the Act is replaced by the following:
Marginal note:Burden of proof
4 The burden of proving the right to import, or to cause to be imported, any intoxicating liquor into a province is on the person accused.
188 Section 6 of the Act is replaced by the following:
Marginal note:Prosecution in place where liquor imported
6 A prosecution for any offence under this Act may be brought and carried on, and a conviction had, in the city, town or place into which any intoxicating liquor is unlawfully imported or in the place where the accused resides, but no prosecution shall be brought in any province against a person not within or residing in that province without the written approval of the attorney general of that province.
189 Section 8 of the Act is replaced by the following:
Marginal note:Sacramental, medicinal and other purposes exempted
8 Nothing in this Act prohibits the importing, or the causing to be imported, into a province from a place outside Canada of an intoxicating liquor for sacramental or medicinal purposes or for manufacturing or commercial purposes other than for the manufacture or use of an intoxicating liquor as a beverage.
SUBDIVISION ER.S., c. P-19Precious Metals Marking Act
190 Paragraphs 9(a) and (b) of the Precious Metals Marking Act are replaced by the following:
- Date modified: