2024-03-07 15:00:00
But
Health Canada and the Competition Bureau (the “ Bureau ) wish to highlight their important relationship and recognize that cooperation can contribute to improving the delivery of the respective mandates of Health Canada and the Bureau (the “Participants”) with respect to health productsFootnote 1. The Both the Bureau and Health Canada are committed to protecting Canadians from false, misleading and deceptive advertising and marketing practices. Participants take enforcement actions to ensure compliance with the provisions of their respective advertising and marketing laws.
Introduction
The Bureau is an independent law enforcement agency that protects and promotes competition for the benefit of Canadian consumers and businesses. Headed by the Commissioner of Competition, the Bureau is responsible for the administration and enforcement of the Competition lawfrom Consumer Packaging and Labeling Act (except in relation to food), the Textile Labeling Act and some Precious Metals Hallmarking Act. As part of this mandate, the Bureau is responsible for the deceptive marketing practices provisions of the Competition law. The Deceptive Marketing Practices Directorate detects, investigates and deters false or misleading representations and deceptive marketing practices identified under the Competition law.
Health Canada is responsible for helping Canadians maintain and improve their health. The Department oversees regulatory advertising activities for health products to ensure that advertisements are not false or misleading. Health Canada carries out its compliance and enforcement programs to ensure compliance with the advertising provisions of its respective laws, including the Food and Drugs Actthe Controlled Drugs and Substances Act and their related regulations. Health Canada values truthful and accurate marketing to help Canadians make informed decisions about their health, in collaboration with their healthcare professionals.
Three branches of Health Canada are responsible for handling compliance and enforcement issues relating to health product advertising: the Marketed Health Products Directorate of the Health Products and Food Branch, the Compliance of Health Products and the Compliance Directorate of Medical Equipment and Clinical Settings of the Directorate General of Regulatory Operations and Law Enforcement.
Interpretation
The Competition Bureau plays an important role in promoting a fair marketplace and enabling consumers and Canada’s economy to make informed choices. Health Canada is responsible for matters of public health and safety, as well as the promotion and preservation of the health of the Canadian population. The Participants establish this memorandum of understanding (the “ PE ) to advance their mutual interests and the development of a cooperation framework to facilitate the execution of their respective mandates.
To achieve the objective of this MOU, each Participant will promote the benefits and encourage cooperation with the other Participant at all levels of its organization.
To the extent possible, in the context of potential false, misleading or misleading advertising or marketing practices relevant to the mandates and skills of the Participants, and subject to their respective confidentiality obligations and applicable legislation, the Participants are going:
Share information on complaints or inquiries, within the framework of the respective mandates of the Participants, regarding false, misleading or misleading health claims; Inform each other on matters of mutual interest and exchange information on timing and other procedural information relating to such matters; Communicate and respond to requests for information relating to the administration and enforcement of laws, strategic priorities, market trends, policies and questions of each Participant that may be of common interest; Participate in knowledge transfer sessions to increase expertise in areas of mutual interest related to the laws that the Participants administer and/or enforce, including, where applicable, information obtained from related international bodies to the mandates of the Participants; Coordinate communications (e.g., press releases and consumer alerts), where applicable; and Meet at least twice a year to discuss the points listed above and explore other possibilities for cooperation and consultation.
Representatives of Participants
The following officials are designated as Ministerial Representatives for the purposes of this MOU, and any notice required under this MOU will be sent to:
For Health Canada
Directors general of the Marketed Health Products Directorate, the Health Product Compliance Directorate and the Medical and Clinical Devices Compliance Directorate of Health Canada or their delegates.
For the Office
Deputy Commissioner of Competition, Deceptive Marketing Practices Directorate, Cartels and Deceptive Marketing Practices Directorate.
Confidentiality
Each Participant will treat information received from the other Participant in accordance with its security classification and will provide equivalent protection to such information while in its possession.
Participants will not exchange or use information if doing so would contravene any relevant law, including, without limitation, the Competition law, the Food and Drugs Act, Privacy Actthe Access to Information Act and the Library and Archives of Canada Act, or if doing so would contravene applicable policies, including the Government Security Policy and related directives relating to the protection of personal and confidential information. Each Participant will take all reasonable measures to preserve the confidentiality, integrity and accessibility of information provided by the other Participant, and to protect such information against accidental or unauthorized access, use or disclosure.
The Participants will limit access to the information to their employees whose functions require such access and who have the appropriate security clearance and need to know.
Each Participant will notify the other Participant as soon as possible if it receives a request from a third party for disclosure of non-public information received from the other Participant. Neither Participant will disclose non-public information obtained from the other Participant to any third party without the written consent of the other Participant, except as required by law.
Where disclosure is required by law, the Participant who is required to disclose the non-public information will consult with the other Participant on how to protect its interests and those of any third party whose information may be disclosed.
Nothing in this MOU is intended to prevent the disclosure of any information that either Participant may be required to disclose under the Access to Information Act or the Personal Information Protection Act.
A Participant may use information provided by the other Participant for a purpose different from that for which the information was originally obtained, provided that the subsequent different use is (at the time of the different use) permitted by law. .
For the sake of clarity, termination of this MOU does not release a Participant from the commitments set forth in this provision.
Dispute settlement
Any dispute regarding the interpretation or implementation of this MOU will be resolved by consultation between the Participants.
Duration
This MOU will be effective on the date of last signing and will remain in effect unless terminated in accordance with the termination provision below.
Modification
Any provision of this MOU may be modified at any time with the mutual consent of the Participants by an exchange of letters between the persons serving as signatories to the MOU.
Termination
Either Participant may terminate the MOU within 30 days of providing written notice to the other Participant. All records containing information obtained under the MOU will continue to be maintained by Participants in accordance with the confidentiality provisions of the MOU.
Execution/signatures
In WITNESS WHEREOFthe Participants have caused this MOU to be signed by their authorized representatives, as indicated below:
On behalf of Health Canada:
Kelly Robinson
Executive Director
Marketed Health Products Directorate
Health Products and Food Branch
Signature: October 5, 2023
Kim Goddard
Interim Director General
Health Product Compliance Department
Regulatory Operations and Enforcement Branch
Signature: October 17, 2023
Christine Leckie
Interim Director General
Department of Compliance of Medical Equipment and Clinical Settings
Regulatory Operations and Enforcement Branch
Signature: October 30, 2023
On behalf of Bureau :
Josephine Palumbo,
Deputy Commissioner of Competition,
Deceptive Commercial Practices Directorate,
Directorate General for Cartels and Deceptive Commercial Practices
Competition Bureau
Signed: November 1, 2023 Footnote 1
For the purposes of this MOU, a health product is defined as a prescription drug (including a controlled substance) or a non-prescription drug for human or animal use, a medical device intended for use by humans, a product natural health product, a veterinary health product, and/or a radiopharmaceutical intended for use by humans or animals.
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