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DRUG PROGRAM ACT

DRUG PROGRAM ACT

Chapter D‑17.5

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

1 to 30   Repealed 2013 cS‑19.3 s3.

Crown immunity

31(1)  In this section,

                           (a)    “Crown” means the Crown in right of Alberta and includes a Minister of the Crown and agents and employees of the Crown;

                           (b)    “undertaking” means the undertaking entitled “Undertaking by Alberta Health”, dated May 18, 1998 and provided to Apotex Inc.

(2)  On the coming into force of this section, the undertaking

                           (a)    has no legal effect,

                           (b)    is unenforceable by Apotex Inc., and all obligations, liabilities, rights and interests of Apotex Inc. arising out of the undertaking and the circumstances giving rise to the undertaking are hereby declared to have ceased to exist, and

                           (c)    is unenforceable by any third party claiming through Apotex Inc., and all obligations, liabilities, rights and interests in respect of any third party are hereby declared to have ceased to exist,

and all future causes of action in law or equity against the Crown in respect of the undertaking are extinguished without costs.

 

32, 33   Repealed 2013 cS‑19 s3.

Transitional regulations

34(1)  The Lieutenant Governor in Council may make regulations

                           (a)    respecting the transition to this Act of any of the powers, duties or other matters relating to, and any obligations, liabilities, rights and interests arising from, drug and service programs and policies that were in existence immediately before the coming into force of this Act, and

                           (b)    providing for any matter that the Minister considers is not provided for or is insufficiently provided for in this Act.

(2)  A regulation made under subsection (1) is repealed on the earliest of the following:

                           (a)    the coming into force of an amendment to this Act or another Act that provides for the matter dealt with in the regulation;

                           (b)    the coming into force of a regulation that repeals the regulation made under subsection (1);

                           (c)    the expiration of 2 years from the day that the regulation made under subsection (1) comes into force.

(3)  The repeal of a regulation under subsection (2)(b) or (c) does not affect anything done, incurred or acquired under the authority of that regulation before the repeal of that regulation.

(4)  A regulation shall not be made under subsection (1) after the expiration of 3 years from the day on which this section comes into force, but any regulation made under subsection (1) that is in force on the expiration of that 3‑year period remains in force until it is repealed under subsection (2).

(5)  A regulation shall not be made under subsection (1) that alters the provisions of subsection (2) or that extends the 3‑year period provided for in subsection (4).

 

 

35   Repealed 2013 cS‑19.3 s3.