R-2.2.0.0.01 - Opioid-related Damages and Health Care Costs Recovery Act

Section 3 Disposition versions

2023-11-02

3. For the purposes of this Act, “manufacturer” means any group that manufactures or manufactured, or causes or caused another group to manufacture, an opioid product. The manufacture of an opioid product includes the production, assembly and packaging of the product.

A group that is in one of the following situations is considered a manufacturer:

(1)  it is or was a trade association whose principal activity consists or consisted in promoting the interests of manufacturers, or engaging, or causing another group to engage, in the promotion of an opioid product; or

(2)  it is related to a group referred to in the first paragraph or in subparagraph 1 of this paragraph and it meets any of the following conditions:

(a)  it derives or derived, during the course of a fiscal year, 10% or more of its revenues, calculated on a consolidated basis in accordance with accounting principles generally accepted in Canada, from the manufacture or promotion of opioid products by itself or by another group, or

(b)  it engages or engaged, or causes or caused another group to engage, in the promotion of an opioid product.

Despite the second paragraph, a wholesaler or retailer of opioid products is not considered a manufacturer if it is not related to a group referred to in the first paragraph.

For the purposes of this Act, the promotion of an opioid product includes the marketing of the product, whether direct or indirect, as well as the distribution and sale of the product. A group that undertakes research on an opioid product is also considered to be promoting it.

2023, c. 25, s. 3.