Cancer Remedies Act, R.S.O. 1990, c. C.2, Cancer Remedies Act
Cancer Remedies Act
R.S.O. 1990, CHAPTER C.2
Note: This Act was repealed on October 10, 1997. See: 1997, c. 15, s. 17.
Amended by: 1997, c. 15, s. 17.
Definitions
1. In this Act,
“Commission” means The Commission for the Investigation of Cancer Remedies; (“Commission”)
“Minister” means the Minister of Health. (“ministre”) R.S.O. 1980, c.58, s.1.
Commission, appointment
2. (1) The Lieutenant Governor in Council may appoint one or more persons as a commission known as The Commission for the Investigation of Cancer Remedies.
Status
(2) The Commission is a body corporate.
Term of office
(3) The member or members of the Commission shall hold office during the pleasure of the Lieutenant Governor in Council.
Chair; quorum
(4) Where there is more than one member of the Commission,
(a) the Lieutenant Governor in Council may appoint one of the members of the Commission to be chair; and
(b) a majority of the members of the Commission constitutes a quorum and a majority vote of the members present at any meeting of the Commission determines any question. R.S.O. 1980, c.58, s.2.
Objects
3. (1) The objects of the Commission are to investigate, approve, disapprove, encourage or report upon any substance or method of treatment that is believed to be, or likely to be, or is advertised, held out to be or used as a remedy for cancer, and the Commission may take such measures as it considers necessary to accomplish its objects. R.S.O. 1980, c.58, s.3(1).
Funds
(2) The funds of the Commission consist of the money received by it from any source, and the Commission may disburse, expend or otherwise deal with any of its funds as it considers proper. R.S.O. 1980, c.58, s.3(2), revised.
Commission may enter into agreements
(3) Subject to the approval of the Lieutenant Governor in Council, the Commission may enter into agreements with any university, medical association, hospital or other association, corporation or person for the purpose of carrying out its objects.
Employees
(4) The Commission may hire employees and may engage the services of experts and other persons and may pay any such employee, expert or other person such remuneration as it considers proper out of its funds.
Remuneration of members of Commission
(5) The members of the Commission shall be paid such remuneration out of its funds as the Lieutenant Governor in Council may determine. R.S.O. 1980, c.58, s.3(3-5).
Commission to furnish financial statement
4. The Minister may require the Commission to furnish a financial statement showing all money received and disbursed by it, and may require the Provincial Auditor or any other qualified auditor to conduct an audit of its funds and the cost of such audit shall be paid out of its funds. R.S.O. 1980, c.58, s.4.
Submission of samples of treatment
5. (1) The Commission may require any person who advertises, offers for sale, holds out, distributes, sells or administers either free of charge or for gain, hire or hope of reward, any substance or method of treatment as a remedy for cancer to submit samples of such substance or a description of such treatment and samples of any substance used with such treatment to the Commission together with the formula of such substance and such other information pertaining to such substance or method of treatment as the Commission may determine.
Information not to be divulged
(2) The Commission shall not divulge any information relating to the composition or formula of any substance received by it, except to a person authorized by it to investigate the substance.
Oath of secrecy
(3) The Commission may administer an oath or affirmation in such form and manner as it may determine, binding any such person not to divulge information furnished to such person. R.S.O. 1980, c.58, s.5.
Investigation of treatment
6. Where a substance or method of treatment is submitted to the Commission under section 5, the Commission shall cause the substance or method of treatment to be investigated and, upon the conclusion of the investigation, shall make a determination or finding as to merit or value as a remedy for cancer of the substance or method of treatment, but the Commission may at any time before concluding its investigation make such determination or finding of a temporary nature as it considers proper, and every determination or finding of the Commission shall be recorded in its minutes. R.S.O. 1980, c.58, s.6.
Reports
7. The Commission shall make a report of any determination or finding relating to a substance or method of treatment,
(a) to the Minister; and
(b) to the person who submitted the substance or method to the Commission for investigation,
and the Minister may publish the report in such manner as the Minister considers proper. R.S.O. 1980, c.58, s.7.
Action against Commission
8. No action in libel or slander or otherwise lies or shall be instituted against the Minister, the Commission, any member of the Commission or any employee of the Commission or any expert or other person engaged by the Commission, whether in the public or private capacity of the Minister, member, employee, expert, or other person, in respect of any act or omission in connection with the administration or carrying out of this Act. R.S.O. 1980, c.58, s.8.
Offence
9. Every person who contravenes a provision of this Act or who fails or neglects to obey any order, direction or requirement of the Commission is guilty of an offence and on conviction is liable for a first offence to a fine of not less than $200 and not more than $1,000 and for any subsequent offence to a fine of not less than $1,000 and not more than $5,000. 1989, c.72, s.37.
