Protecting Canadians from Unsafe Drugs Act (Vanessa's Law) Amendments to the Food and Drugs Act (Bill C-17)

Notice to reader:

As of June 22, 2023, the powers conferred by the Protecting Canadians from Unsafe Drugs Act (Vanessa's Law) apply to natural health products (NHPs). This is because the definition of "therapeutic product" has been revised in the Food and Drugs Act to include natural health products.

The key authorities in the Food and Drugs Act that come into force immediately for natural health products are:

  • order a recall of NHPs that present a serious or imminent risk of injury to human health
  • require a label change or package modification, if necessary, to prevent serious injury to health
  • impose higher fines and penalties for non-compliance
  • order a person to provide information to determine if a product presents a serious risk of injury to human health
  • disclose confidential business information in circumstances where the product may present a serious risk of injury to human health or for the protection or promotion of human health or the safety of the public
  • incorporate by reference, and
  • prohibit false or misleading statements or information made to the Minister

The remaining authorities would come into force by an Order in Council later when supporting regulations are published. Supporting regulations would be subject to consultation.

On December 6, 2013, the Government of Canada introduced the Protecting Canadians from Unsafe Drugs Act (Vanessa's Law). On November 6, 2014 it received Royal Assent.

The Protecting Canadians from Unsafe Drugs Act (Vanessa's Law) introduces amendments to the Food and Drugs Act that will improve Health Canada's ability to collect post-market safety information, and take appropriate action when a serious risk to health is identified. These amendments will improve better protection of patient health and safety and increase consumer confidence in therapeutic products on the market.

Key amendments to the Food and Drugs Act include:

  • Power to require information, tests or studies
  • Power to require a label change/package modification
  • Power to recall unsafe therapeutic products
  • Ability to disclose information in certain circumstances
  • Tougher measures for those that do not comply
  • Mandatory reporting of serious adverse drug reactions and medical device incidents by healthcare institutions

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