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Food and Drug Regulations

Version of section G.02.025 from 2019-12-09 to 2020-03-05:


Marginal note:Addition of or modification to term or condition

  •  (1) The Minister may, at any time other than the issuance, renewal or amendment of a dealer’s licence, add a term or condition to it or modify one if the Minister has reasonable grounds to believe that it is necessary to do so to

    • (a) ensure that an international obligation is respected;

    • (b) ensure conformity with the requirements associated with the security level specified in the licence; or

    • (c) reduce a risk to public health or safety, including the risk of a controlled drug being diverted to an illicit market or use.

  • Marginal note:Notice

    (2) Before adding a term or condition to a licence or modifying one, the Minister must send the licensed dealer a notice that sets out the Minister’s reasons and gives the dealer an opportunity to be heard.

  • Marginal note:Urgent circumstances

    (3) Despite subsection (2), the Minister may add a term or condition to a licence or modify one without prior notice if the Minister has reasonable grounds to believe that it is necessary to do so to protect public health or safety, including to prevent a controlled drug from being diverted to an illicit market or use.

  • Marginal note:Urgent circumstances — notice

    (4) The addition or modification of a term or condition that is made under subsection (3) takes effect as soon as the Minister sends the licensed dealer a notice that

    • (a) sets out the reasons for the addition or modification;

    • (b) gives the dealer an opportunity to be heard; and

    • (c) if applicable, specifies the corrective measures that must be carried out and the date by which they must be carried out.

  • SOR/78-220, s. 4
  • SOR/78-427, s. 4
  • SOR/85-550, s. 3
  • SOR/88-482, s. 3(F)
  • SOR/90-261, s. 2(F)
  • SOR/97-228, s. 11
  • SOR/2004-238, s. 11
  • SOR/2010-222, s. 12
  • SOR/2012-230, s. 10
  • SOR/2014-260, ss. 6(E), 14(F)
  • SOR/2019-171, s. 1
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