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

Marginal note:Disclosure by Minister

• 39 (1) The Minister may, without the consent of the person to whom the information relates, disclose personal information and confidential business information obtained under this Act to a person from whom the Minister seeks advice, to a department or agency of the government of Canada or a province, to a foreign government or to an international organization if

  • (a) the disclosure is necessary for the administration or enforcement of this Act or the regulations;

  • (b) the Minister has reasonable grounds to believe that the disclosure is necessary to address a serious and imminent danger to the health, safety or security of the public;

  • (c) the disclosure is necessary to enable Canada to fulfil its international obligations; or

  • (d) the disclosure is necessary to enable Canada to submit Confidence-Building Measures in connection with the Biological and Toxin Weapons Convention.

• Marginal note:Maintain confidentiality of information

  (2) Except in the circumstances described in paragraph (1)(b) or (d), before disclosing the information to any person other than His Majesty in right of Canada or an agent of His Majesty, the Minister must obtain the person’s written agreement that they will maintain the confidentiality of the information unless they are required by law to disclose it.

Administration and Enforcement

Marginal note:Designation of inspectors

• 40 (1) The Minister may designate any individual, or class of individuals, as an inspector for the administration and enforcement of this Act and the regulations and may restrict in any manner that the Minister considers appropriate the powers that an inspector may exercise under this Act.

• Marginal note:Certificate to be produced

  (2) The Minister shall provide an inspector with a certificate of designation and, on entering any place or conveyance under subsection 41(1), the inspector shall produce the certificate to the person in charge of that place or conveyance if requested to do so.

Marginal note:Definition of document

40.1 In sections 40.2 and 41, document includes any report, book and electronic data and any other thing containing information.

Marginal note:Provision of documents, information or material

• 40.2 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or the regulations, order a person to provide, in the manner specified by the inspector, any document, information or material specified by the inspector.

• Marginal note:Duty to provide

  (2) A person who is ordered by an inspector to provide a document, information or material must do so in the manner specified by the inspector.

Marginal note:Entry by inspector

• 41 (1) Subject to section 42, an inspector may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter at any reasonable time any place or conveyance in which the inspector believes on reasonable grounds that

  • (a) an activity to which this Act or the regulations applies is conducted;

  • (b) any material, equipment or document relevant to the administration of this Act or the regulations is located; or

  • (c) an activity could be conducted under a licence for which an application is under consideration by the Minister.

• Marginal note:Individual accompanying inspector

  (1.1) An inspector may be accompanied by any individual who the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.

• Marginal note:Inspector’s powers

  (2) An inspector who enters a place or conveyance may, for the purpose referred to in subsection (1),

  • (a) examine the place — including any building — or conveyance and any material or equipment found there;

  • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any material or equipment found there;

  • (c) seize and detain for any time that may be necessary any material, equipment or document found there, or any conveyance;

  • (d) open and examine any receptacle or package found there;

  • (e) take, or require any person in the place or conveyance to produce, free of charge, a sample of any material found there;

  • (f) direct the owner or the person having possession, care or control of any material, equipment or document found in the place or conveyance — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (g) conduct, or require any person in the place or conveyance to conduct, any test or analysis or take any measurement of any material or equipment found there;

  • (h) take photographs or make recordings or sketches;

  • (i) use or cause to be used any computer system, as defined in subsection 342.1(2) of the Criminal Code, or any means of telecommunication found there to examine electronic data that is contained in or available to the computer system or means of telecommunication;

  • (j) require any person in the place or conveyance to produce any document found there for examination or reproduction; and

  • (k) examine, reproduce or cause to be reproduced, in whole or in part, any document found there and remove any reproductions.

  • (l) [Repealed, 2026, c. 3, s. 427]

  • (m) [Repealed, 2026, c. 3, s. 427]

• Marginal note:Remote access

  (2.1) For the purposes of subsection (1), an inspector is considered to have entered a place or conveyance when they remotely access it by a means of telecommunication.

• Marginal note:Limitation — remote access

  (2.2) An inspector who enters — by remote access by a means of telecommunication — a place or conveyance that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place or conveyance and only for the period necessary for the purpose referred to in subsection (1).

• Marginal note:Conveyance

  (3) For the purpose of entering the conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Duty to comply

  (3.1) An owner or person who, under subsection (3), is ordered to stop or move a conveyance, must stop or move it.

• Marginal note:Excluded information

  (4) Despite subsection (2), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

• Marginal note:Assistance to inspector

  (5) The owner or person in charge of a place or conveyance that is entered by an inspector who is carrying out their functions and every individual in that place or conveyance must give the inspector and any individual referred to in subsection (1.1) all reasonable assistance and provide them with any information that the inspector may reasonably require.

• Marginal note:Prohibition — obstruction and false statements

  (6) A person must not knowingly obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is carrying out their functions or to any individual referred to in subsection (1.1).

• Marginal note:Entering private property

  (7) An inspector who is carrying out their functions and any individual referred to in subsection (1.1) accompanying the inspector may enter on and pass through or over private property, and they are not liable for doing so.

Marginal note:Warrant to enter dwelling-house

• 42 (1) An inspector may not enter a dwelling-house without the occupant’s consent, except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 41(1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 41(1); and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused.

• Marginal note:Use of force

  (3) In executing the warrant, the inspector named in it may not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Means of telecommunication

  (4) An application for a warrant may be submitted, and the warrant may be issued, by a means of telecommunication and section 487.1 of the Criminal Code applies for those purposes with any necessary modifications.

Marginal note:Measures

• 43 (1) If an inspector has reasonable grounds to believe that a licence holder or any person in a place or conveyance where controlled activities are taking place is not compliant or is not likely to comply with one or more provisions of this Act or the regulations, the inspector may order the licence holder or person to carry out any measure that the inspector considers necessary to remedy or prevent the non-compliance.

• Marginal note:Obligation

  (2) A licence holder or person who is ordered by an inspector to carry out such a measure must comply with the order and, in doing so, does not contravene this Act or the regulations.

• Marginal note:Withdrawal of order

  (3) An inspector who orders a measure to be carried out must withdraw the order if they no longer have reasonable grounds to believe that the licence holder or person is not compliant or not likely to comply with this Act or the regulations.

• Marginal note:Review by Minister

  (4) An inspector shall, without delay, refer any decision to make or withdraw an order to the Minister for review. After the review, the Minister may amend, replace or rescind the order if the Minister is of the opinion that it is necessary to do so.

• Marginal note:Application of order not suspended

  (5) The referral of a decision to the Minister for review does not suspend the application of the decision.

• Marginal note:Refusal to comply

  (6) If a licence holder or any other person who is ordered to carry out a measure fails to comply with the order, the inspector may carry out the measure or require another person to do so.

• Marginal note:Informing of action

  (7) After the measure is carried out, the inspector shall, as soon as feasible, advise the person who failed to comply with the order that the measure was carried out.

• Marginal note:Compliance not required

  (8) No person is required to carry out a measure ordered by an inspector if doing so would expose them to a danger, as defined in subsection 122(1) of the Canada Labour Code.

• Marginal note:Cost

  (9) A licence holder, or if no licence has been issued in respect of the controlled activity, the person who is responsible for the conduct of the controlled activity, shall bear the cost of carrying out any measure ordered by an inspector.

Marginal note:Storage and removal

• 44 (1) An inspector may order that a thing seized under this Act be kept or stored in the place where it was seized or be removed to any other appropriate place.

• Marginal note:Interference

  (2) Except with the inspector’s authority, no person shall remove, alter or interfere in any way with the seized thing.

Marginal note:Return of seized thing

45 An inspector who seizes a thing under this Act shall release it if they are satisfied that the provisions of this Act and the regulations that apply to that thing have been complied with.

Marginal note:Application for restoration

• 46 (1) On reasonable notice in writing to the Minister, the owner of a thing seized under this Act, or the person in possession of it at the time of its seizure, may, within 60 days after the day of its seizure, apply to a provincial court judge within whose jurisdiction the seizure was made for an order of restoration.

• Marginal note:Order of restoration

  (2) The provincial court judge may order that the seized thing be restored immediately to the applicant if, on hearing the application, the judge is satisfied that

  • (a) the applicant is entitled to possession of it;

  • (b) it does not pose a serious and imminent danger to the health, safety or security of the public; and

  • (c) it will not be required as evidence in a prosecution for an offence that is subsequently instituted under this Act.

• Marginal note:Order of later restoration

  (3) If, on hearing an application, the provincial court judge is satisfied that the applicant is entitled to possession of the seized thing and that it does not pose a serious and imminent danger to the health, safety or security of the public but is not satisfied with respect to paragraph (2)(c), the judge may order that the thing be restored to the applicant

  • (a) on the expiry of 180 days after the day of its seizure if no prosecution for an offence under this Act has been instituted before that day; or

  • (b) on the final conclusion of proceedings under this Act.

• Marginal note:Exception

  (4) The provincial court judge may not make an order for the restoration of the seized thing if it has been forfeited by consent under subsection 47(2).

Marginal note:Forfeiture

• 47 (1) If no application is made for the restoration of a thing seized under this Act within 60 days after the day of its seizure, or an application has been made but no order of restoration is made after the application has been heard, the seized thing is forfeited to His Majesty in right of Canada.

• Marginal note:Forfeiture with consent

  (2) If an inspector has seized a thing and its owner, or the person in possession of it at the time of its seizure, consents in writing to its forfeiture, the thing is forfeited to His Majesty in right of Canada.

• Marginal note:Disposal

  (3) Subject to section 48, the Minister may dispose of a seized thing that is forfeited to His Majesty in right of Canada in any manner that the Minister directs.