Marginal note:Addition of items — toxins

• 9. (1) If the Minister is of the opinion that a substance is produced by, or derived from, a micro-organism and is able to cause disease in a human, the Minister may, by regulation, add it to Schedule 1.

• Marginal note:Addition of items — human pathogens

  (2) If the Minister is of the opinion that a micro-organism, nucleic acid or protein is able to cause disease in a human, the Minister may, by regulation, add it

  • (a) to Schedule 2 if the Minister is of the opinion that it falls into Risk Group 2;

  • (b) to Schedule 3 if the Minister is of the opinion that it falls into Risk Group 3; or

  • (c) to Schedule 4 if the Minister is of the opinion that it falls into Risk Group 4.

• Marginal note:Deletion of items

  (3) The Minister may, by regulation, delete

  • (a) a substance from Schedule 1 if the Minister is of the opinion that it is not produced by, or derived from, a micro-organism or is not able to cause disease in a human; or

  • (b) a micro-organism, nucleic acid or protein from any of Schedules 2 to 4 if the Minister is of the opinion that it does not fall into the risk group to which that Schedule relates.

• Marginal note:Advisory Committee

  (4) The Minister shall consult an advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act before making any regulation under subsection (1), (2) or (3).

• Marginal note:Publication

  (5) The advisory committee shall make available to the public the advice given to the Minister.

Marginal note:Addition of items

• 10. (1) The Governor in Council may, by regulation, on the Minister’s recommendation,

  • (a) add a substance to Part 1 of Schedule 5 if the Governor in Council is of the opinion that

    • (i) it is produced by, or derived from, a micro-organism and is able to cause disease in a human, and

    • (ii) all activities referred to in section 7 should be prohibited in relation to it;

  • (b) add a micro-organism, nucleic acid or protein to Part 2 of Schedule 5 if the Governor in Council is of the opinion that

    • (i) it is able to cause disease in a human, and

    • (ii) all activities referred to in section 7 should be prohibited in relation to it; or

  • (c) delete a substance, micro-organism, nucleic acid or protein from any of Schedules 1 to 4 if the Governor in Council adds it to Schedule 5.

• Marginal note:Deletion of items

  (2) The Governor in Council may, by regulation, on the Minister’s recommendation, delete a substance, micro-organism, nucleic acid or protein from Schedule 5 if the Governor in Council is of the opinion that it is in the public interest to allow one or more of the activities referred to in section 7 to be authorized in relation to that substance, micro-organism, nucleic acid or protein.

• Marginal note:Advisory Committee

  (3) The Minister shall consult an advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act before making any recommendation under subsection (1) or (2).

• Marginal note:Publication

  (4) The advisory committee shall make available to the public the advice given to the Minister.