Bill C-378

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First Reading

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C-378

First Session, Thirty-ninth Parliament,

55 Elizabeth II, 2006

HOUSE OF COMMONS OF CANADA

BILL C-378

An Act to amend the Food and Drugs Act and the Food and Drug Regulations (drug export restrictions)

first reading, October 31, 2006

NOTE

2nd Session, 39th Parliament

This bill was introduced during the First Session of the 39th Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.

Ms. Bennett

391428

SUMMARY

This enactment places certain restrictions on the export of drugs described in Schedules D and F of the Food and Drugs Act.

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1st Session, 39th Parliament,

55 Elizabeth II, 2006

house of commons of canada

BILL C-378

An Act to amend the Food and Drugs Act and the Food and Drug Regulations (drug export restrictions)

Her 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

1. Section 30 of the Food and Drugs Act is amended by adding the following after subsection (2):

Export

(2.1) The Governor in Council may, where the Governor in Council deems it necessary for the protection of human health, make regulations governing the export from Canada of any drug described in Schedule D or F, including regulations

(a) prescribing the terms and conditions under which the export from Canada of any drug described in Schedule D or F may be permitted; and

(b) exempting any person or goods or any class of persons or goods from the prohibition against export set out in section 37.1.

2. The Act is amended by adding the following after section 31.1:

Offences relating to export of drugs

31.2 Every person who exports from Canada a drug that is prohibited from being exported under this Act or the regulations is guilty of an offence and liable

(a) on summary conviction, to a fine not exceeding $50,000 or to imprisonment for a term not exceeding six months or to both; or

(b) on conviction by indictment, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding three years or to both.

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

Prohibition against export

37.1 No person shall, except as permitted under the regulations, export from Canada any drug described in Schedule D or F.

C.R.C., c. 870

FOOD AND DRUG REGULATIONS

4. The Food and Drug Regulations are amended by adding the following after section C.01.049:

C.01.050. A Schedule F drug may be exported from Canada if

(a) the drug is contained in a substance that has been sold pursuant to a verbal or written prescription received by the seller under subsection C.01.041(1.1);

(b) the drug has been sold pursuant to section C.01.046;

(d) the drug is not manufactured or sold for consumption in Canada and it complies with the conditions set out in subsection 37(1) of the Act; or

(e) the drug is exported pursuant to sections 21.01 to 21.2 of the Patent Act.

5. The Regulations are amended by adding the following after section C.04.683:

C.04.684. A Schedule D drug may be exported from Canada if

(a) the drug is exported from Canada by the manufacturer of the drug or by the manufacturer's agent;

(b) the drug is not manufactured or sold for consumption in Canada and it complies with the conditions set out in subsection 37(1) of the Act; or

Published under authority of the Speaker of the House of Commons

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Table of Contents

FOOD AND DRUG REGULATIONS