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Bill C-70

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(3) Section 1 of Part I of Schedule VI to the Act is amended by adding the following in alphabetical order:

``medical practitioner'' means a person who is entitled under the laws of a province to practise the profession of medicine or dentistry;

(4) Subsections (1) to (3) are deemed to have come into force on April 23, 1996.

1990, c. 45, s. 18

119. (1) Paragraphs 3(a) and (b) of Part I of Schedule VI to the Act are replaced by the following:

    (a) by a medical practitioner to an individual for the personal consumption or use of the individual or an individual related thereto; or

    (b) on the prescription of a medical practitioner for the personal consumption or use of the individual named in the prescription.

(2) Subsection (1) applies to supplies made after April 23, 1996.

1990, c. 45, s. 18

120. The heading ``MEDICAL DEVICES'' before section 1 of Part II of Schedule VI to the Act is replaced by the following:

MEDICAL AND ASSISTIVE DEVICES

1990, c. 45, s. 18

121. (1) The definition ``practitioner'' in section 1 of Part II of Schedule VI to the Act is repealed.

(2) Section 1 of Part II of Schedule VI to the Act is amended by adding the following in alphabetical order:

``medical practitioner'' means a person who is entitled under the laws of a province to practise the profession of medicine.

(3) Subsections (1) and (2) are deemed to have come into force on April 23, 1996.

1990, c. 45, s. 18

122. (1) Sections 2 to 4 of Part II of Schedule VI to the Act are replaced by the following:

2. A supply of a communication device, other than a device described in section 7, that is specially designed for use by an individual with a hearing, speech or vision impairment.

3. A supply of a heart-monitoring device when the device is supplied on the written order of a medical practitioner for use by a consumer with heart disease who is named in the order.

4. A supply of a hospital bed, when the bed is supplied to the operator of a health care facility (within the meaning assigned by section 1 of Part II of Schedule V) or on the written order of a medical practitioner for use by an incapacitated individual named in the order.

(2) Subsection (1) applies to supplies for which consideration becomes due after April 23, 1996 or is paid after that day without having become due.

1990, c. 45, s. 18

123. Section 5 of Part II of Schedule VI to the French version of the Act is replaced by the following:

5. La fourniture d'un appareil de respiration artificielle conçu spécialement pour les personnes ayant des troubles respiratoires.

1993, c. 27, s. 181(1)

124. (1) Section 5.1 of Part II of Schedule VI to the Act is replaced by the following:

5.1 A supply of an aerosol chamber or a metered dose inhaler for use in the treatment of asthma when the chamber or inhaler is supplied on the written order of a medical practitioner for use by a consumer named in the order.

5.2 A supply of a respiratory monitor, nebulizer, tracheostomy supply, gastro-intestinal tube, dialysis machine, infusion pump or intravenous apparatus, that can be used in the residence of an individual.

(2) Subsection (1) applies to supplies made after April 23, 1996.

1990, c. 45, s. 18; 1993, c. 27, s. 182(1)(F)

125. (1) Sections 7 to 9 of Part II of Schedule VI to the Act are replaced by the following:

7. A supply of a device that is designed to convert sound to light signals when the device is supplied on the written order of a medical practitioner for use by a consumer with a hearing impairment who is named in the order.

8. A supply of a selector control device that is specially designed to enable an individual with a disability to select, energize or control household, industrial or office equipment.

9. A supply of eyeglasses or contact lenses when the eyeglasses or lenses are supplied on the written order of an eye-care professional for the treatment or correction of a defect of vision of a consumer named in the order where the eye-care professional is entitled under the laws of the province in which the professional practises to prescribe eyeglasses or contact lenses for such purpose.

(2) Sections 7 and 9 of Part II of Schedule VI to the Act, as enacted by subsection (1), apply to supplies made after April 23, 1996.

126. (1) Part II of Schedule VI to the Act is amended by adding the following after section 11:

11.1 A supply of an orthodontic appliance.

(2) Subsection (1) applies to supplies for which all of the consideration becomes due after April 23, 1996 or is paid after that day without having become due.

1990, c. 45, s. 18

127. Sections 14 and 15 of Part II of Schedule VI to the Act are replaced by the following:

14. A supply of a chair, commode chair, walker, wheelchair lift or similar aid to locomotion, with or without wheels, including motive power and wheel assemblies therefor, that is specially designed for use by an individual with a disability.

15. A supply of a patient lifter that is specially designed to move an individual with a disability.

1990, c. 45, s. 18; 1994, c. 9, s. 29(1)

128. (1) Sections 18 to 20 of Part II of Schedule VI to the Act are replaced by the following:

18. A supply of an auxiliary driving control that is designed for attachment to a motor vehicle to facilitate the operation of the vehicle by an individual with a disability.

18.1 A supply of a service of modifying a motor vehicle to adapt the vehicle for the transportation of an individual using a wheelchair and a supply of property (other than the vehicle) made in conjunction with, and because of, the supply of the service.

19. A supply of a patterning device that is specially designed for use by an individual with a disability.

20. A supply of a toilet-, bath- or shower-seat that is specially designed for use by an individual with a disability.

(2) Section 18.1 of Part II of Schedule VI to the Act, as enacted by subsection (1), applies to supplies for which consideration becomes due after April 23, 1996 or is paid after that day without having become due.

1990, c. 45, s. 18; 1993, c. 27, s. 183(1)

129. (1) Sections 21.1 and 21.2 of Part II of Schedule VI to the Act are replaced by the following:

21.1 A supply of an extremity pump, intermittent pressure pump or similar device for use in the treatment of lymphedema when the pump or device is supplied on the written order of a medical practitioner for use by a consumer named in the order.

21.2 A supply of a catheter for subcutaneous injections when the catheter is supplied on the written order of a medical practitioner for use by a consumer named in the order.

21.3 A supply of a lancet.

(2) Subsection (1) applies to supplies made after April 23, 1996 except that, in respect of supplies for which all of the consideration becomes due or is paid before 1997,

    (a) the reference in section 21.2 of Part II of Schedule VI to the Act, as enacted by subsection (1), to ``when the catheter'' shall be read as a reference to ``or a lancet when the catheter or lancet''; and

    (b) section 21.3 of that Part, as enacted by subsection (1), does not apply.

1990, c. 45, s. 18; 1993, c. 27, s. 184(1)

130. (1) Sections 23 and 23.1 of Part II of Schedule VI to the Act are replaced by the following:

23. A supply of an orthotic or orthopaedic device that is made to order for an individual or is supplied on the written order of a medical practitioner for use by a consumer named in the order.

(2) Subsection (1) applies to supplies for which all of the consideration becomes due after April 23, 1996 or is paid after that day without having become due except that, with respect to supplies for which consideration becomes due before May 14, 1996 or is paid before May 14, 1996 without having become due, section 23 of Part II of Schedule VI to the Act, as enacted by subsection (1), shall be read as follows:

23. A supply of

    (a) an orthotic device when the device is supplied on the written order of a medical practitioner for use by a consumer named in the order; or

    (b) a spinal or other orthopaedic brace.

1990, c. 45, s. 18

131. Section 24 of Part II of Schedule VI to the French version of the Act is replaced by the following:

24. La fourniture d'un appareil fabriqué sur commande pour les personnes ayant une infirmité ou une difformité du pied ou de la cheville.

132. (1) Part II of Schedule VI to the Act is amended by adding the following after section 24:

24.1 A supply of footwear that is specially designed for use by an individual who has a crippled or deformed foot or other similar disability, when the footwear is supplied on the written order of a medical practitioner.

(2) Subsection (1) applies to supplies for which all of the consideration becomes due after 1996 or is paid after 1996 without having become due.

1990, c. 45, s. 18

133. Section 27 of Part II of Schedule VI to the Act is replaced by the following:

27. A supply of a cane or crutch that is specially designed for use by an individual with a disability.

1990, c. 45, s. 18

134. (1) Section 30 of Part II of Schedule VI to the Act is replaced by the following:

30. A supply of any article that is specially designed for the use of blind individuals when the article is supplied for use by a blind individual to or by the Canadian National Institute for the Blind or any other bona fide institution or association for blind individuals or on the order or certificate of a medical practitioner.

(2) Subsection (1) applies to supplies made after April 23, 1996.

1990, c. 45, s. 18; 1993, c. 27, s. 185(1)

135. Sections 33 and 33.1 of Part II of Schedule VI to the French version of the Act are replaced by the following:

33. La fourniture d'un chien qui est un chien-guide, ou doit être dressé à cette fin, y compris le service qui consiste à apprendre à la personne aveugle comment se servir du chien, si la fourniture est effectuée par une organisation spécialisée dans la fourniture de tels chiens aux personnes aveugles, ou à son profit.

33.1 La fourniture d'un chien dressé pour aider les personnes ayant une déficience auditive, ou qui doit être dressé à cette fin, ou la fourniture du service qui consiste à apprendre à ces personnes comment se servir d'un tel chien, si la fourniture est effectuée par une organisation spécialisée dans la fourniture de tels chiens à ces personnes, ou à son profit.

1993, c. 27, s. 187(1); 1994, c. 9, s. 31(1)

136. (1) Sections 34 to 36 of Part II of Schedule VI to the Act are replaced by the following:

34. A supply of a service (other than a service the supply of which is included in any provision of Part II of Schedule V except section 9 of that Part and a service related to the provision of a surgical or dental service that is performed for cosmetic purposes and not for medical or reconstructive purposes) of installing, maintaining, restoring, repairing or modifying a property described in any of sections 2 to 32 and 38 to 40 of this Part, or any part for such a property where the part is supplied in conjunction with the service.

35. A supply of a graduated compression stocking, an anti-embolic stocking or similar article when the stocking or article is supplied on the written order of a medical practitioner for use by a consumer named in the order.

36. A supply of clothing that is specially designed for use by an individual with a disability when the clothing is supplied on the written order of a medical practitioner for use by a consumer named in the order.

37. A supply of an incontinence product that is specially designed for use by an individual with a disability.

38. A supply of a feeding utensil or other gripping device that is specially designed for use by an individual with impaired use of hands or other similar disability.

39. A supply of a reaching aid that is specially designed for use by an individual with a disability.

40. A supply of a prone board that is specially designed for use by an individual with a disability.

(2) Subsection (1) applies to supplies made after April 23, 1996.

1990, c. 45, s. 18

137. (1) Paragraph 1(b) of Part III of Schedule VI to the Act is repealed.

(2) Paragraphs 1(j) and (k) of Part III of Schedule VI to the Act are replaced by the following:

    (j) ice lollies, juice bars, flavoured, coloured or sweetened ice waters, or similar products, whether frozen or not;

    (k) ice cream, ice milk, sherbet, frozen yoghurt or frozen pudding, non-dairy substitutes for any of the foregoing, or any product that contains any of the foregoing, when packaged or sold in single servings;

1990, c. 45, s. 18

(3) Paragraph 1(o) of Part III of Schedule VI to the Act is replaced by the following:

    (o) food or beverages heated for consumption;

    (o.1) salads not canned or vacuum sealed;

    (o.2) sandwiches and similar products other than when frozen;

    (o.3) platters of cheese, cold cuts, fruit or vegetables and other arrangements of prepared food;

    (o.4) beverages dispensed at the place where they are sold;

    (o.5) food or beverages sold under a contract for, or in conjunction with, catering services;

(4) Subsections (2) and (3) apply to supplies for which all of the consideration becomes due on or after May 14, 1996 or is paid on or after that day without having become due.

1990, c. 45, s. 18

138. (1) Section 2 of Part IV of Schedule VI to the Act is replaced by the following:

2. A supply of

    (a) grains or seeds in their natural state, treated for seeding purposes or irradiated for storage purposes,