Human Pathogens and Toxins Act (S.C. 2009, c. 24)

Act current to 2013-05-20 and last amended on 2012-06-29. Previous Versions

BIOLOGICAL SAFETY OFFICERS

The following provision is not in force.
Marginal note:Designation

  • 36. (1) An applicant shall, before a licence may be issued, designate an individual as a biological safety officer for the requested licence. The individual designated may also be the applicant.

  • Marginal note:Obligations not limited

    (2) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act.

  • Marginal note:Qualifications

    (3) An individual may be designated as a biological safety officer only if the individual has the qualifications set out in the regulations.

  • Marginal note:Effect of designation

    (4) A designation takes effect on the day on which the designated individual provides the Minister with their written consent to the designation or the day on which the individual begins to act as a biological safety officer, whichever is earlier.

  • Marginal note:Powers and functions

    (5) The biological safety officer may exercise the powers and shall carry out the functions set out in the regulations.

  • Marginal note:Replacement

    (6) If an individual ceases to act as a biological safety officer, the licence holder shall, without delay, designate another individual and inform the Minister of the new designation.

EXEMPTIONS

Marginal note:Non-application

37. Subsection 7(1) and section 8 do not apply to

  • (a) an inspector or analyst carrying out their functions under this Act;

  • (b) a peace officer carrying out their functions under any federal or provincial Act or a person providing assistance to that peace officer;

  • (c) any person who, in the course of their employment, outside a facility in which controlled activities are authorized, collects a sample for the purpose of laboratory analysis or diagnostic testing; or

  • (d) in exigent circumstances, any person carrying out their functions under any federal or provincial Act.

INFORMATION

The following provision is not in force.
Marginal note:Provision of information to Minister

  • 38. (1) The Minister may order an applicant, a licence holder or a biological safety officer to provide the Minister, in accordance with any conditions that the Minister may specify, with any information that is under that person’s control, including personal information and confidential business information, and that the Minister believes, on reasonable grounds, is relevant to the administration of this Act or the regulations.

  • Marginal note:Information

    (2) The information that is to be provided may include information regarding

    • (a) the human pathogens or toxins in the possession of the applicant, licence holder or biological safety officer;

    • (b) the persons having access to the human pathogens or toxins referred to in paragraph (a);

    • (c) the facility in which the controlled activities are authorized or in respect of which an application for a licence has been submitted; and

    • (d) the controlled activities that are authorized by a licence or in respect of which an application for a licence has been submitted.

  • Marginal note:Obligation to provide information

    (3) An applicant, a licence holder or a biological safety officer shall provide the Minister with the information, in accordance with any conditions that the Minister may specify.

  • Marginal note:Excluded information

    (4) Despite subsections (1) to (3), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.