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

Act current to 2014-09-01 and last amended on 2012-06-29. Previous Versions

CONSEQUENCES OF ADDING TO SCHEDULES

Marginal note:Prohibited possession — Schedules 1 to 4
  • The following provision is not in force.

     (1) Within 30 days after the date of publication of a regulation made under subsection 9(1) or (2), every person who, as a result of the regulation, no longer has lawful possession of a human pathogen or toxin shall

    • (a) dispose of it in accordance with the regulations, if any;

    • (b) transfer it to a facility where controlled activities in relation to it are authorized; or

    • (c) obtain from the Minister a licence, or a variation of the conditions of their existing licence, authorizing possession of it.

  • Marginal note:Prohibited possession — Schedule 5

    (2) Within 14 days after the date of publication of a regulation made under subsection 10(1), every person who, as a result of the regulation, no longer has lawful possession of a human pathogen or toxin shall dispose of it in accordance with the regulations, if any.

  • Marginal note:No contravention

    (3) No person contravenes subsection 7(1) or section 8 by reason only that they possess a human pathogen or toxin in the circumstances described in subsection (1) or (2) if they transfer or dispose of it in accordance with subsection (1) or (2).

OBLIGATION TO INFORM MINISTER

Marginal note:Inadvertent release
  • The following provision is not in force.

     (1) If a licence holder has reason to believe that a human pathogen or toxin has been released inadvertently from the facility in the course of an activity that is otherwise authorized by the licence, the licence holder shall, without delay, inform the Minister of the release and provide the Minister with the information referred to in subsection (3) that is under the licence holder’s control.

  • Marginal note:Inadvertent production

    (2) If a person is in possession of a human pathogen or toxin in contravention of subsection 7(1) or section 8 as a result of the inadvertent production of that human pathogen or toxin in the course of an activity that is otherwise lawful, the person shall

    • (a) without delay, inform the Minister of the inadvertent production and provide the Minister with the information referred to in subsection (3) that is under the person’s control; and

    • (b) dispose of the inadvertently produced human pathogen or toxin in accordance with the regulations, if any, or, if it is not listed in Schedule 5, transfer it to a facility where controlled activities in relation to that human pathogen or toxin are authorized.

  • Marginal note:Information

    (3) The information that is to be provided under subsections (1) and (2) is the following:

    • (a) any information that supports the conclusion that a human pathogen or toxin has been released or produced;

    • (b) the name of the human pathogen or toxin released or produced;

    • (c) the quantity released or produced;

    • (d) the place and time of the release or production; and

    • (e) any other information relating to the release or production that the Minister may require.

  • Marginal note:No contravention

    (4) No person contravenes subsection 7(1) or section 8 by reason only that they possess a human pathogen or toxin in the circumstances described in subsection (2) if they transfer or dispose of it in accordance with that subsection.