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

Act current to 2014-10-27 and last amended on 2012-06-29. Previous Versions

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

 If a licence holder has reason to believe that an incident involving a human pathogen or toxin that is in their possession has, or may have, caused disease in an individual, the licence holder shall, without delay, inform the Minister of the incident and provide the Minister with the following information that is under the licence holder’s control:

  • (a) a description of the incident;

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

  • (c) any other information relating to the incident that the Minister may require.

The following provision is not in force.
Marginal note:Missing human pathogen or toxin

 If a licence holder has reason to believe that a human pathogen or toxin that was in their possession has been stolen or is otherwise missing, the licence holder shall, without delay, inform the Minister and provide the Minister with any information relating to the incident that is under their control and that the Minister may require. The licence holder shall also take reasonable measures to locate the missing human pathogen or toxin.

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

 If a person conducting activities under the authority of a licence has reason to believe that any of the incidents described in subsection 12(1) or (2) or section 13 or 14 has occurred, the person shall, without delay, inform the licence holder.

The following provision is not in force.
Marginal note:Use of information

 No information provided under sections 12 to 15 by a licence holder or a person conducting activities under the authority of a licence may be used or received against that person in any criminal proceedings that are subsequently instituted against them, other than with respect to a contravention of section 17.

Marginal note:False or misleading information

 No person shall knowingly communicate or cause to be communicated to the Minister false or misleading information in relation to a matter under this Act or the regulations.

LICENCES

The following provision is not in force.
Marginal note:Issuance
  •  (1) The Minister may, in accordance with the regulations, if any, issue a licence that authorizes any controlled activity in any facility if the Minister is of the opinion that the conduct of the controlled activity in the facility poses no undue risk to the health or safety of the public.

  • Marginal note:Licence application

    (2) An application for a licence must be filed with the Minister and made in the form and manner specified by the Minister.

  • Marginal note:Refusal to issue licence

    (3) If the Minister refuses to issue a licence, the Minister shall notify the applicant in writing of the reasons for the refusal.

  • Marginal note:Conditions

    (4) A licence authorizes the controlled activities that are specified in it and is subject to any conditions that the Minister considers appropriate to protect the health and safety of the public.

  • Marginal note:Other conditions

    (5) A licence must also set out

    • (a) the licence holder’s name;

    • (b) the period during which the licence is in effect;

    • (c) a description of the facility in which controlled activities are authorized under it;

    • (d) a description of each part of the facility that is subject to section 33; and

    • (e) the toxins, human pathogens, or the risk groups of the human pathogens, in respect of which controlled activities are authorized under it.

  • Marginal note:Obligation of licence holder

    (6) The licence holder shall inform all persons conducting the controlled activities authorized by the licence of its conditions.

  • Marginal note:Compliance with licence conditions

    (7) A licence holder and all persons conducting the controlled activities authorized by the licence shall comply with the licence conditions.

  • Marginal note:Statutory Instruments Act

    (8) A licence is not a statutory instrument within the meaning of the Statutory Instruments Act.