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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.

Bill 207

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:

C.C.S.M. c. P210 amended

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

Definition: "designated 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.

Exemptions

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.

Regulations

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.

Conditional amendment

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;

Coming into force.

4           This Act comes into force on the day it receives royal assent.

Explanatory Note

This Bill amends The Public Health Act to prohibit anyone other than a person regulated under The Pharmaceutical Act from owning, operating or possessing a pill or tablet press or other similar designated equipment.

The prohibition does not apply to persons who are authorized to compound or manufacture drugs or who are exempted by regulation.