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:
(a) designating articles that are exempt, conditionally or unconditionally, from the application of this Act;
(b) designating parts of articles that are exempt, conditionally or unconditionally, from assay for the purposes of this Act;
SUBDIVISION FR.S., c. T-10Textile Labelling Act
191 Paragraphs 11(1)(b) and (c) of the Textile Labelling Act are replaced by the following:
(b) exempting, conditionally or unconditionally, any textile fibre product or any portion of such a product from the application of any provision of this Act or the regulations;
(c) exempting, conditionally or unconditionally, any type of transaction in relation to a prescribed consumer textile article from the prohibition set out in paragraph 3(a);
SUBDIVISION GR.S., c. W-6Weights and Measures Act
Amendments to the Act
192 The definitions measuring machine and weighing machine in section 2 of the Weights and Measures Act are replaced by the following:
- measuring machine
measuring machine means any machine that measures length, area, volume or capacity, temperature or time; (appareil de mesure)
- weighing machine
weighing machine means any machine that measures mass or weight. (appareil de pesage)
193 The Act is amended by adding the following after section 10:
Marginal note:Ministerial regulations
10.1 (1) The Minister may make regulations authorizing the use of a unit of measurement that is not otherwise authorized under this Act if new technologies use such a unit.
Marginal note:Expiry
(2) A regulation made under subsection (1) ceases to have effect on the earliest of
(a) the day on which a regulation made under paragraph 10(1)(m) that has the same effect as the regulation comes into force,
(b) the third anniversary of the day on which the regulation made under subsection (1) comes into force, or
(c) the day on which it is repealed.
Marginal note:2011, c. 3, s. 15
194 Subsection 15(2) of the Act is replaced by the following:
Marginal note:Extensions
(2) The Minister may, in the prescribed circumstances, grant to a trader an extension of the period.
Marginal note:2011, c. 3, par. 29(f)
195 Subsection 20(1) of the Act is replaced by the following:
Marginal note:Payment of fees and charges
20 (1) The fees and charges payable by a person in respect of an examination or other service performed by an inspector under this Act are payable, subject to the regulations, after the examination or service is performed.
Marginal note:SOR/86-420, par. 2(b); SOR/2005-277, s. 1
196 The portion of items 1 to 7 of Part I of Schedule I to the Act in the column under the heading “Definition” is replaced by the following:
| Definition | |
|---|---|
| 1 | the unit for the measurement of length, being the metre as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 2 | the unit for the measurement of mass, being the kilogram as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 3 | the unit for the measurement of time, being the second as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 4 | the unit for the measurement of electric current, being the ampere as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 5 | the unit for the measurement of thermodynamic temperature, being the kelvin as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 6 | the unit for the measurement of luminous intensity, being the candela as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
| 7 | the unit for the measurement of the amount of substance, being the mole as defined by the 26e Conférence générale des poids et mesures as reported in the Comptes rendus de la 26e Conférence générale des poids et mesures published by the Bureau international des poids et mesures, as amended from time to time |
Coming into Force
Marginal note:May 20, 2019 or royal assent
197 Section 196 comes into force on the later of May 20, 2019 and the day on which this Act receives royal assent.
SUBDIVISION HR.S., c. 24 (3rd Supp.), Part IIIHazardous Materials Information Review Act
Amendments to the Act
Marginal note:2012, c. 31 ss. 269(4)(E), (5)(E) and (6)(F)
198 (1) The definitions affected party, Chief Appeals Officer and Chief Screening Officer in subsection 10(1) of the Hazardous Materials Information Review Act are repealed.
(2) Subsection 10(1) of the Act is amended by adding the following in alphabetical order:
- confidential business information
confidential business information in respect of a person to whose business or affairs the information relates, means business information
(a) that is not publicly available;
(b) in respect of which the person has taken measures that are reasonable in the circumstances to ensure that it remains not publicly available; and
(c) that has actual or potential economic value to the person or their competitors because it is not publicly available and its disclosure would result in a material financial loss to the person or a material financial gain to their competitors. (renseignements commerciaux confidentiels)
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