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

Regulatory Powers (continued)

Marginal note:Interim orders

  •  (1) The Minister may make an interim order containing any provision that may be contained in a regulation made under section 66 if the Minister is of the opinion that prompt measures are required to address a serious and imminent danger to the health or safety of the public.

  • Marginal note:Duration

    (2) The interim order has effect from the day on which it is made but ceases to have effect on the earliest of

    • (a) 14 days after the day on which it is made, unless it is approved by the Governor in Council,

    • (b) the day on which it is repealed,

    • (c) the day on which a regulation made under section 66 that has the same effect as the interim order comes into force, and

    • (d) one year after the day on which it is made or any shorter period that it specifies.

  • Marginal note:Exemption from Statutory Instruments Act

    (3) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act.

  • Marginal note:Deeming

    (4) For the purpose of any provision of this Act other than this section, any reference to regulations made under this Act is deemed to include interim orders, and a reference to a regulation made under a specified provision of this Act is deemed to include a reference to the portion of an interim order containing any provision that may be contained in a regulation made under the specified provision.

  • Marginal note:Tabling of order

    (5) A copy of each interim order shall be tabled in each House of Parliament within 15 days after the day on which it is made.

  • Marginal note:House not sitting

    (6) In order to comply with subsection (5), the interim order may be sent to the Clerk of the House if the House is not sitting.

Marginal note:Externally produced documents

  •  (1) A regulation may incorporate by reference documents that are produced by a person or body other than the Minister, including

    • (a) an organization established for the purpose of writing standards, including an organization accredited by the Standards Council of Canada;

    • (b) an industrial or trade organization; or

    • (c) a government.

  • Marginal note:Reproduced or translated documents

    (2) A regulation may incorporate by reference documents that the Minister reproduces or translates from documents that are produced by a person or body other than the Minister

    • (a) with any adaptations of form or reference that would facilitate the incorporation of those documents into the regulation; or

    • (b) in a form that sets out only those parts that apply for the purposes of the regulation.

  • Marginal note:Jointly produced documents

    (3) A regulation may incorporate by reference documents that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws.

  • Marginal note:Internally produced standards

    (4) A regulation may incorporate by reference technical or explanatory documents that the Minister produces, including

    • (a) specifications, classifications, illustrations, graphs or other information of a technical nature; and

    • (b) test methods, procedures, operational standards, laboratory safety standards or performance standards of a technical nature.

  • Marginal note:Ambulatory incorporation by reference

    (5) A document may be incorporated by reference as amended from time to time.

  • Marginal note:Incorporated document not a regulation

    (6) A document that is incorporated by reference in a regulation is not a regulation for the purposes of the Statutory Instruments Act.

  • Marginal note:Interpretation

    (7) Subsections (1) to (5) do not limit any authority to make regulations incorporating documents by reference that exists apart from those subsections.

Marginal note:Defence

 If a provision of a regulation incorporates a document by reference, then no person may be convicted of an offence, or subjected to a penalty, for the contravention of the provision unless it is proved that, at the time of the alleged contravention,

  • (a) the document was reasonably accessible to the person;

  • (b) reasonable steps had been taken to ensure that the document was accessible to persons likely to be affected by the regulation; or

  • (c) the document had been published in the Canada Gazette.

Transitional Provisions

Marginal note:Activities already commenced

  •  (1) Every person who, on the day on which this section comes into force, is responsible for activities involving human pathogens or toxins shall, in the form and manner specified by the Minister, not later than 90 days after that coming into force,

    • (a) advise the Minister that they are responsible for human pathogens or toxins and inform the Minister of the risk groups to which the human pathogens belong;

    • (b) advise the Minister of the location where the activity is conducted; and

    • (c) designate an individual with the appropriate safety training in the area of human pathogens and toxins or relevant work experience as the contact person for the Minister and advise the Minister of that individual’s name.

  • Marginal note:Activities commencing before subsection 7(1) comes into force

    (2) Every person who is responsible for activities involving human pathogens or toxins and who commences those activities after the day on which this section comes into force but before the day on which subsection 7(1) comes into force shall, in the form and manner specified by the Minister, provide the Minister with the information referred to in subsection (1) not later than 30 days after the day on which the activities commence.

  • Marginal note:Update of information

    (3) Every person who is required to provide the Minister with information under subsection (1) or (2) shall provide the Minister with updated information annually. If a new individual is designated under paragraph (1)(c), the person shall advise the Minister of the designation without delay.

  • Marginal note:No effect

    (4) Subsection (3) ceases to have effect on the day on which subsection 7(1) comes into force.

Marginal note:Possession of human pathogens or toxins

  •  (1) Every person who, on the day on which section 8 comes into force, possesses a human pathogen or toxin listed in Schedule 5 shall

    • (a) inform the Minister of the human pathogen or toxin in their possession within 30 days after the day on which that section comes into force;

    • (b) provide the Minister with any information that the Minister may require with respect to it; and

    • (c) dispose of it in accordance with the Minister’s instructions.

  • Marginal note:No contravention

    (2) No person contravenes section 8 by reason only that they possess a human pathogen or toxin in the circumstances described in subsection (1) if they comply with that subsection.

Coming into Force

Marginal note:Order in council

Footnote * Section 7, subsections 11(1) and 12(1), sections 13 to 16, 18 to 36, 38 and 56 come into force on a day or days to be fixed by order of the Governor in Council.

  • Return to footnote *[Note: Section 7, subsections 11(1) and 12(1), sections 13 to 16, 18 to 36, 38 and 56 in force December 1, 2015, see SI/2015-14.]

 
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