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Bill C-368

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First Session, Forty-fourth Parliament,

70-71 Elizabeth II – 1-2-3 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-368
An Act to amend the Food and Drugs Act (natural health products)

Reprinted as amended by the Standing Committee on Health as a working copy for the use of the House of Commons at Report Stage and as reported to the House on December 2, 2024

Mr. Calkins

441320


SUMMARY

This enactment amends the Food and Drugs Act to provide that certain natural health products are not therapeutic products within the meaning of that Act and therefore not subject to the same monitoring regime as other drugs.

Available on the House of Commons website at the following address:
www.ourcommons.ca


1st Session, 44th Parliament,

70-71 Elizabeth II – 1-2-3 Charles III, 2021-2022-2023-2024

HOUSE OF COMMONS OF CANADA

BILL C-368

An Act to amend the Food and Drugs Act (natural health products)

His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

R.‍S.‍, c. F-27

Food and Drugs Act

1The definition therapeutic product in section 2 of the Food and Drugs Act is replaced by the following:

Start of inserted block

therapeutic product means

  • (a)a drug or device;

  • (b)any combination of drugs and devices; or

  • (c)a natural health product, within the meaning of the Natural Health Products Regulations, that contains nicotine, or its salts, and is used in nicotine replacement therapy; (produit thérapeutique)

1.‍1The Act is amended by adding the following after section 2.‍2:

2.‍21Despite the definition therapeutic product in section 2, sections 21.‍3 to 21.‍303 and the regulations made under paragraphs 30(1.‍2)‍(f.‍01) and (f.‍02) apply to a natural health product within the meaning of the Natural Health Products Regulations.
End of inserted block

2Section 21.‍321 of the Act is repealed.

3Subsection 21.‍8(2) of the Act is repealed.

Start of inserted block

3.‍1Subsection 30(1.‍2) of the Act is amended by adding the following after paragraph (f):

  • (f.‍01)respecting the recall of natural health products within the meaning of the Natural Health Products Regulations;

  • (f.‍02)prescribing penalties for the contravention of subsection 21.‍3(3) in respect of a natural health product within the meaning of the Natural Health Products Regulations or of the regulations made under paragraph (f.‍01);

    End of inserted block

Transitional Provision

Proceedings

4No proceedings may be commenced or continued in respect of an offence under section 31.‍2 or 31.‍4 of the Food and Drugs Act in relation to a product that is a natural health product within the meaning of the Natural Health Products Regulations if the offence was committed on or after the day on which section 500 of the Budget Implementation Act, 2023, No. 1 came into force and before the day on which this Act comes into force.

Published under authority of the Speaker of the House of Commons

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