Q-2, r. 40.1 - Regulation respecting the recovery and reclamation of products by enterprises

Section 53.0.24 Disposition versions

2023-08-30

53.0.24. The category of pharmaceutical products is composed of the following subcategories, which include the types of products listed therein:

(1)  any substance, whether mixed with other substances or not that can be used

(a)  to diagnose, treat, mitigate or prevent a disease, disorder, abnormal physical or mental state or their symptoms in human beings or companion animals within the meaning of the Animal Welfare and Safety Act (chapter B-3.1); or

(b)  to restore, correct or modify organic functions in human beings or companion animals within the meaning of the Animal Welfare and Safety Act;

(2)  natural health products within the meaning of the Natural Health Products Regulations (SOR/2003-196); when the products are designed and intended for animals, only products designed and intended for companion animals within the meaning of the Animal Welfare and Safety Act are included;

(3)  cutting or sharp objects designed to perforate the skin and used for medical purposes, including everything designed to be attached to and be in contact with a product referred to in subparagraph 1; when the objects are designed and intended for animals, only objects designed and intended for companion animals within the meaning of the Animal Welfare and Safety Act are included.

Despite the first paragraph, the following are not covered by this Division:

(1)  products used in the course of supplying care by a professional within the meaning of section 1 of the Professional Code (chapter C-26) or for remuneration, particularly in an institution referred to in the Act respecting health services and social services (chapter S-4.2) or in the Act respecting health services and social services for Cree Native persons (chapter S-5), a private health facility within the meaning of those Acts, a veterinary clinic, a pet shop, a zoo, a park or a zoological garden;

(2)  contact lens disinfectants;

(3)  anti-dandruff products including shampoos, and antiperspirants and sun screens;

(4)  mouthwashes and fluoridated toothpastes;

(5)  lozenges for cough, sore throat or halitosis;

(6)  topical substances that do not contain antibiotics, anti-fungal agents or anti-inflammatories;

(7)  radiopharmaceuticals.

O.C. 933-2022, s. 61; O.C. 1369-2023, s. 22.

2022-06-30

53.0.24. The category of pharmaceutical products is composed of the following subcategories, which include the types of products listed therein:

(1)  any substance, whether mixed with other substances or not, marketed or otherwise distributed in a community pharmacy or veterinary clinic that can be used

(a)  to diagnose, treat, mitigate or prevent a disease, disorder, abnormal physical or mental state or their symptoms in human beings or companion animals within the meaning of the Animal Welfare and Safety Act (chapter B-3.1); or

(b)  to restore, correct or modify organic functions in human beings or companion animals within the meaning of the Animal Welfare and Safety Act;

(2)  natural health products within the meaning of the Natural Health Products Regulations (SOR/2003-196) marketed or otherwise distributed in a community pharmacy or veterinary clinic;

(3)  cutting or sharp objects used for medical purposes to administer a product referred to in subparagraph 1 or 2.

Despite the first paragraph, the following are not covered by this Division:

(1)  products used in the course of supplying care by a professional within the meaning of section 1 of the Professional Code (chapter C-26) or for remuneration, particularly in an institution referred to in the Act respecting health services and social services (chapter S-4.2) or in the Act respecting health services and social services for Cree Native persons (chapter S-5), a private health facility within the meaning of those Acts, a veterinary clinic, a pet shop, a zoo, a park or a zoological garden;

(2)  contact lens disinfectants;

(3)  anti-dandruff products including shampoos, and antiperspirants and sun screens;

(4)  mouthwashes and fluoridated toothpastes;

(5)  lozenges for cough, sore throat or halitosis;

(6)  topical substances that do not contain antibiotics, anti-fungal agents or anti-inflammatories;

(7)  radiopharmaceuticals.

O.C. 933-2022, s. 61.