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

Act current to 2013-04-29 and last amended on 2012-06-29. Previous Versions

Marginal note:Excluded

4. This Act does not apply to

  • (a) a human pathogen or toxin that is in an environment in which it naturally occurs if it has not been cultivated or intentionally collected or extracted, including a human pathogen or toxin that

    • (i) is in or on a human suffering from a disease caused by that human pathogen or toxin,

    • (ii) has been expelled by a human suffering from a disease caused by that human pathogen or toxin, or

    • (iii) is in or on a cadaver, a body part or other human remains; or

  • (b) a drug in dosage form whose sale is permitted or otherwise authorized under the Food and Drugs Act or a human pathogen or toxin contained in such a drug.

  • (c) [Repealed, 2012, c. 19, s. 752]

  • 2009, c. 24, s. 4;
  • 2012, c. 19, s. 752.
Previous Version

HER MAJESTY

Marginal note:Act binding on Her Majesty

5. This Act is binding on Her Majesty in right of Canada or a province.

OBLIGATION

Marginal note:Reasonable precautions

6. Every person who knowingly conducts any activity referred to in section 7 involving a human pathogen or toxin shall take all reasonable precautions to protect the health and safety of the public against the risks posed by that activity.

PROHIBITIONS

The following provision is not in force.
Marginal note:Controlled activities

  • 7. (1) No person shall knowingly conduct any of the following activities unless a licence has been issued by the Minister that authorizes the activity:

    • (a) possessing, handling or using a human pathogen or toxin;

    • (b) producing a human pathogen or toxin;

    • (c) storing a human pathogen or toxin;

    • (d) permitting any person access to a human pathogen or toxin;

    • (e) transferring a human pathogen or toxin;

    • (f) importing or exporting a human pathogen or toxin;

    • (g) releasing or otherwise abandoning a human pathogen or toxin; or

    • (h) disposing of a human pathogen or toxin.

  • Marginal note:Other Acts

    (2) Subsection (1) does not apply to

Marginal note:Human pathogens and toxins — Schedule 5

8. Despite section 7, no person shall conduct any activity referred to in that section in relation to a human pathogen or toxin listed in Schedule 5.