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

Act current to 2013-05-26 and last amended on 2012-06-29. Previous Versions

Marginal note:Defence

59. No person who establishes that they exercised all due diligence to prevent the commission of an offence under this Act may be convicted of that offence, except for an offence under

  • (a) section 53, with respect to a contravention of subsection 7(1), section 17 and subsection 41(6);

  • (b) section 55;

  • (c) section 56, with respect to a contravention of subsection 7(1);

  • (d) subsection 57(1); and

  • (e) section 58.

Marginal note:Place of trial

60. A prosecution for an offence under this Act may be instituted, heard and determined in the place where

  • (a) the offence was committed or the subject matter of the prosecution arose;

  • (b) the accused was apprehended; or

  • (c) the accused happens to be or is carrying on business.

Marginal note:Continuing offences

61. If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued.

Marginal note:Time limit

  • 62. (1) Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings becomes known to the Minister.

  • Marginal note:Minister’s certificate

    (2) A document that appears to be issued by the Minister, certifying the day on which the subject matter of the proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. In the absence of evidence to the contrary, it is proof of the matters asserted in it.

Marginal note:Directors, officers, etc.

63. If a person other than an individual commits an offence under this Act, any of the person’s directors, officers, agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted.

Marginal note:Offences by employees, agents or mandataries

64. In a prosecution for an offence under this Act, it is sufficient proof of the offence to establish that it was committed by the accused’s employee acting within the scope of their employment, or the accused’s agent or mandatary acting within the scope of their authority, whether or not the employee, agent or mandatary is identified or prosecuted for the offence, unless the accused establishes that

  • (a) the offence was committed without the accused’s knowledge or consent; and

  • (b) the accused exercised all due diligence to prevent its commission.