Bill 205 (Legislature 29, Session 2)

L29 S2 11639

Alberta — Bills

2016 Bill 205 Second Session, 29th Legislature, 65 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 205 PHARMACY AND DRUG (PHARMACEUTICAL EQUIPMENT CONTROL) AMENDMENT ACT, 2016 MR. ELLIS First Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 205 Mr. Ellis BILL 205 2016 PHARMACY AND DRUG (PHARMACEUTICAL EQUIPMENT CONTROL) AMENDMENT ACT, 2016 (Assented to , 2016)

Preamble

WHEREAS the safety and security of the public is a paramount concern to the professions of pharmacists and pharmacy technicians and to all Albertans;

WHEREAS the illegal use of synthetic drugs such as fentanyl can have dangerous effects, including loss of life, and the illegal manufacture and distribution of these drugs has negatively impacted the lives of far too many Albertans;

WHEREAS the control of equipment used to illegally manufacture and distribute drugs will assist in the prevention of illegal drug manufacturing, trafficking and other forms of illegal drug activity; and

WHEREAS it is in the best interests of the public to regulate who is authorized under the law to own and operate certain types of pharmaceutical equipment; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Amends RSA 2000 cP-13 1 The Pharmacy and Drug Act is amended by this Act. 2 The following is added after

section 18.7:

Explanatory Notes 1 EXPLANATORY NOTES 1 Amends

chapter P-13 of the Revised Statutes of Alberta 2000. 2 New part added concerning pharmaceutical equipment control.

Part 1.1 Pharmaceutical Equipment Control Definition 18.8 In this Part, “designated equipment” means a pill or tablet press, tablet machine, capsule filling machine or pharmaceutical mixer, as those terms may be defined in the regulations, and any other equipment prescribed by the regulations. Pharmaceutical equipment 18.81 No person shall own, operate or possess designated equipment unless that person holds a licence under this Act or falls within one of the following exemptions: (

a) an institution pharmacy; (

b) a person authorized to compound or manufacture drugs under

an Act of the Legislature of Alberta or of the Parliament of Canada; (

c) any other person designated in the regulations. Regulations 18.82 The Lieutenant Governor in Council may make regulations (

a) prescribing types of equipment as designated equipment under

section 18.8; (

b) designating persons or classes of persons that are exempt from

section 18.81; (

c) respecting the seizure, removal and return of designated equipment; (

d) respecting any matter that the Lieutenant Governor in Council considers necessary and advisable to carry out effectively the content and purpose of this Part. 3

Section 38 is amended by adding “18.81,” after “12,”.

Explanatory Notes 2 3

Section 38 presently reads: 38 A person who contravenes

section 2(2), 3, 10(2) or (3), 11(4), 12, 30, 31(2), 32(2), 33(2) or (3) or 37 is guilty of an offence.

3 4

Section 39(1) is amended by adding “, other than an offence under

section 18.81,” after “under this Act”. 5 The following is added after

section 39: Penalties – pharmaceutical equipment offences 39.1 A person who is guilty of an offence under

section 18.81 is liable (

a) for a first offence, to a fine of not more than $50 000, (

b) for a 2nd offence, to a fine of not more than $125 000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $375 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. 6 This Act comes into force on January 1, 2017.

Explanatory Notes 3 4

Section 39(1) presently reads: 39(1) A person who is guilty of an offence under this Act is liable (

a) for a first offence, to a fine of not more than $10 000, (

b) for a 2nd offence, to a fine of not more than $25 000, and (

c) for a 3rd and every subsequent offence, to a fine of not more than $75 000 or to imprisonment for a term of not more than 6 months or to both fine and imprisonment. 5 Penalties for pharmaceutical equipment offences. 6 Coming into force.

Record of Debate STAGE DATE MEMBER FROM TO TOTAL CUMULATIVE TOTAL Title: 2016 (29th, 2nd) Bill 205, Pharmacy and Drug (Pharmaceutical Equipment Control) Amendment Act, 2016

Document details

Collection	Alberta — Bills
Citation	L29 S2 11639
Type	bill
Volume / chapter	L29 S2 11639
Language	en
Format	json
Source	PROVINCIAL
Identifier	6b96378aedfe7c96d9b58e6cdf3a534e72b4a42c

Source file is stored in the law ingest library (json).