2nd Session, 41st Legislature
This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.
THE PUBLIC HEALTH AMENDMENT ACT
|Bilingual version (PDF)||Explanatory Note|
(Assented to )
WHEREAS the illegal distribution and use of synthetic drugs such as fentanyl is a threat to public health;
AND WHEREAS certain types of pharmaceutical equipment can be used to facilitate that illegal distribution and use;
THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:
1 The Public Health Act is amended by this Act.
2 The following is added after section 37 and before the centred heading that follows it:
CONTROL OF PHARMACEUTICAL EQUIPMENT
37.1(1) In this section, "designated pharmaceutical equipment" means a pill or tablet press, tablet machine, capsule-filling machine, pharmaceutical mixer or tablet punch or die, as those terms may be defined in the regulations, and any other prescribed equipment.
Restriction on designated pharmaceutical equipment
37.1(2) No person shall own, operate or possess designated pharmaceutical equipment unless the person is
(a) an owner, pharmacist, pharmacy technician or practitioner, as those terms are defined in The Pharmaceutical Act; or
(b) permitted to do so under the regulations.
37.1(3) The following are exempt from subsection (2):
(a) a person authorized to compound or manufacture drugs under an enactment of Manitoba or Canada;
(b) a person designated in the regulations as being exempt.
37.1(4) The Lieutenant Governor in Council may make regulations
(a) prescribing types of equipment as designated pharmaceutical equipment for the purposes of subsection (1);
(b) defining terms for the purposes of this section;
(c) respecting the granting, cancellation and suspension of permits for any activity under this section;
(d) respecting the charging of fees for any permit issued for any activity under this section;
(e) designating persons or classes of persons as being exempt from this section;
(f) respecting the seizure, removal, return, sale and destruction of designated pharmaceutical equipment;
(g) respecting any matter that the Lieutenant Governor in Council considers necessary and advisable.
3 On the day that section 188 of The Regulated Health Professions Act, S.M. 2009, c. 15, comes into force, clause 37.1(2)(a), as enacted by section 2 of this Act, is replaced with the following:
(a) a member, owner, practitioner or regulated associate member, as those terms are defined in section 188 of The Regulated Health Professions Act;
4 This Act comes into force on the day it receives royal assent.