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

Act current to 2019-06-20 and last amended on 2017-12-27. Previous Versions

Administration and Enforcement (continued)

Marginal note:Forfeiture

  •  (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 Her 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 Her 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 Her Majesty in right of Canada in any manner that the Minister directs.

Marginal note:Preservation

 The Minister shall make reasonable efforts to preserve any thing seized under this Act pending its disposition.

Marginal note:Costs

 The owner of a thing seized under this Act, or the person in possession of it at the time of its seizure, shall bear any associated seizure, storage, transfer, preservation or disposition costs.

Marginal note:Designation of analyst

 The Minister may designate any individual, or class of individuals, as an analyst for the administration and enforcement of this Act and the regulations.

Marginal note:Analysis and examination

  •  (1) An inspector may submit to an analyst, for analysis or examination, any thing seized or taken by the inspector.

  • Marginal note:Certificate or report of analyst

    (2) An analyst who has made an analysis or examination may issue a certificate or report setting out the results of the analysis or examination.

Marginal note:Admissibility

  •  (1) An analyst’s certificate or report is admissible in evidence in any prosecution for an offence under this Act if it

    • (a) appears to be signed by the analyst;

    • (b) states that a thing has been analyzed or examined by the analyst; and

    • (c) states the results of that analysis or examination.

    In the absence of evidence to the contrary, the certificate or report is proof of the statements contained in it without proof of the signature or official character of the person appearing to have signed it.

  • Marginal note:Attendance of analyst required

    (2) The party against whom a certificate or report is produced may, with leave of the court, require the analyst’s attendance for the purpose of cross-examination.

  • Marginal note:Notice of intention to produce certificate or report

    (3) No certificate or report may be admitted in evidence unless, before the trial, the party intending to produce it has given reasonable notice of that intention, together with a copy of the certificate or report, to the party against whom it is intended to be produced.

Offences and Punishment

Marginal note:General

 Subject to sections 54 to 58, every person who contravenes this Act or the regulations is guilty of an offence and liable, on summary conviction,

  • (a) in the case of a contravention with respect to a human pathogen that falls into Risk Group 2,

    • (i) for a first offence, to a fine of not more than $50,000, and

    • (ii) for a subsequent offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both; and

  • (b) in all other cases,

    • (i) for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both, and

    • (ii) for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Breach of duty

 Every person who contravenes section 6 and, as a result, creates a risk to the health or safety of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than two years.

Marginal note:Wanton or reckless breach of duty

 Every person who contravenes section 6 and who shows wanton or reckless disregard for the health or safety of other persons and, as a result, creates a risk to the health or safety of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than five years.

Marginal note:Contravention of subsection 7(1) or 18(7)

 Every person who contravenes subsection 7(1) or 18(7) with respect to a human pathogen that falls into Risk Group 3 or Risk Group 4 or a toxin is guilty of an offence and liable

  • (a) on conviction on indictment, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both, and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Contravention of section 8 — knowingly

  •  (1) Every person who knowingly contravenes section 8 is guilty of an offence and liable on conviction on indictment to a fine of not more than $1,000,000 or to imprisonment for a term of not more than five years, or to both.

  • Marginal note:Contravention of section 8

    (2) Every person who contravenes section 8 is guilty of an offence and liable

    • (a) on conviction on indictment, for a first offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both, and, for a subsequent offence, to a fine of not more than $1,000,000 or to imprisonment for a term of not more than two years, or to both; or

    • (b) on summary conviction, for a first offence, to a fine of not more than $250,000 or to imprisonment for a term of not more than three months, or to both, and, for a subsequent offence, to a fine of not more than $500,000 or to imprisonment for a term of not more than six months, or to both.

Marginal note:Intentional release

 Every person who intentionally releases or otherwise abandons a human pathogen or toxin in contravention of this Act or the regulations and, as a result, creates a risk to the health or safety of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years.

Marginal note:Defence

 No person who establishes that they exercised all due diligence to prevent the commission of an offence under this Act may be convicted of that offence, except for an offence under

  • (a) section 53, with respect to a contravention of subsection 7(1), section 17 and subsection 41(6);

  • (b) section 55;

  • (c) section 56, with respect to a contravention of subsection 7(1);

  • (d) subsection 57(1); and

  • (e) section 58.

Marginal note:Place of trial

 A prosecution for an offence under this Act may be instituted, heard and determined in the place where

  • (a) the offence was committed or the subject matter of the prosecution arose;

  • (b) the accused was apprehended; or

  • (c) the accused happens to be or is carrying on business.

Marginal note:Continuing offences

 If an offence under this Act is committed or continued on more than one day, the person who committed the offence is liable to be convicted for a separate offence for each day on which it is committed or continued.

Marginal note:Time limit

  •  (1) Summary conviction proceedings for an offence under this Act may be instituted no later than two years after the day on which the subject matter of the proceedings becomes known to the Minister.

  • Marginal note:Minister’s certificate

    (2) A document that appears to be issued by the Minister, certifying the day on which the subject matter of the proceedings became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed it. In the absence of evidence to the contrary, it is proof of the matters asserted in it.

 
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