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Food and Drugs Act

Version of section 31.2 from 2020-05-23 to 2020-09-22:


Marginal note:Offences relating to therapeutic products

  •  (1) Subject to section 31.4, every person who contravenes any provision of this Act or the regulations, as it relates to a therapeutic product, or an order made under any of sections 21.1 to 21.32 is guilty of an offence and liable

    • (a) on conviction by indictment, to a fine not exceeding $5,000,000 or to imprisonment for a term not exceeding two years or to both; and

    • (b) on summary conviction, for a first offence, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding six months or to both and, for a subsequent offence, to a fine not exceeding $500,000 or to imprisonment for a term not exceeding 18 months or to both.

  • 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;

    • (a.1) section 3.1 or 3.3, 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;

    • (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.

  • 2014, c. 24, ss. 9, 10
  • 2019, c. 29, s. 174
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