GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Human Pathogens and Toxins Act — H-5.67 65
Debts due to His Majesty 65 The following constitute debts due to His Majesty in right of Canada and may be recovered as such in any court of competent jurisdiction: (a) an amount that a person is directed to pay under an order made by a court under this Act; (b) the costs incurred in the seizure, storage, transfer, preservation or disposition under this Act of any human pathogen, toxin or other thing; and (c) the costs incurred in the carrying out of a measure under subsection 43 (6). 2009, c. 24, s. 65 2026, c. 3, s. 441(E)
Human Pathogens and Toxins Act — H-5.67 67
Interim orders 67 (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 or imminent danger to the health, safety or security of the public. 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) 90 days after the day on which it is made, unless it is approved by the Governor in Council, (b) the day on which it is repealed, (c) the day on which a regulation made under section 66 that has the same effect as the interim order comes into force, and (d) one year after the day on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. Exemption from Statutory Instruments Act (3) An interim order is exempt from the application of sections 3 and 9 of the Statutory Instruments Act . 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. 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. 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. 2009, c. 24, s. 67 2026, c. 3, s. 443
Human Pathogens and Toxins Act — H-5.67 68
Incorporation by reference — limitation removed 68 (1) The limitation set out in paragraph 18.1(2)(a) of the Statutory Instruments Act to the effect that a document must be incorporated as it exists on a particular date does not apply to any power to make regulations under this Act. Jointly produced documents (2) A regulation may incorporate by reference documents — as they exist on a particular date or as they are amended from time to time — that the Minister produces jointly with another government for the purpose of harmonizing the regulation with other laws. 2009, c. 24, s. 68 2026, c. 3, s. 444
Human Pathogens and Toxins Act — H-5.67 70
Activities already commenced 70 (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. 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. 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. No effect (4) Subsection (3) ceases to have effect on the day on which subsection 7 (1) comes into force.
Human Pathogens and Toxins Act — H-5.67 71
Possession of human pathogens or toxins 71 (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. 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.
Human Pathogens and Toxins Act — H-5.67 Order in council
Order in council * 72 Section 7 , subsections 11 (1) and 12 (1), sections 1 3 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. * [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.]
Human Pathogens and Toxins Act — H-5.67 76
Clarification — immediate application 76 For greater certainty, but subject to sections 77 and 78 , the amendments made by this Act also apply with respect to proceedings that are ongoing on the day on which this Act comes into force.
Human Pathogens and Toxins Act — H-5.67 77
Certain applications for warrants 77 (2) Each of the following provisions, as it read immediately before the day on which this Act comes into force, continues to apply with respect to an application made for a warrant under the provision if the application is submitted, and no decision has been made in respect of the application, before that day: (g) subsection 42(4) of the Human Pathogens and Toxins Act ;
Human Pathogens and Toxins Act — H-5.67 78.1
Impact of remote proceedings 78.1 (1) The Minister of Justice must, no later than three years after the day on which this Act receives royal assent, initiate one or more independent reviews on the use of remote proceedings in criminal justice matters that must include an assessment of whether remote proceedings (a) enhance, preserve or adversely affect access to justice; (b) maintain fundamental principles of the administration of justice; and (c) adequately address the rights and obligations of participants in the criminal justice system, including accused persons. Report (2) The Minister of Justice must, no later than five years after the day on which a review is initiated, cause a report on the review — including any findings or recommendations resulting from it — to be laid before each House of Parliament.
Human Pathogens and Toxins Act — H-5.67 78.2
Review by committee 78.2 (1) At the start of the fifth year after the day on which this Act receives royal assent, the provisions enacted or amended by this Act are to be referred to a committee of the Senate and a committee of the House of Commons that may be designated or established for the purpose of reviewing the provisions. Report (2) The committees to which the provisions are referred are to review them and the use of remote proceedings in criminal justice matters and submit reports to the Houses of Parliament of which they are committees, including statements setting out any changes to the provisions that they recommend.
Human Pathogens and Toxins Act — H-5.67 453
Words and expressions 453 (1) The words and expressions used in this section and sections 454 and 455 have the same meaning as in the Human Pathogens and Toxins Act . Duties (2) On the day on which section 406 comes into force, any person who, under paragraph 7(2)(c) or (d) of the Human Pathogens or Toxins Act , conducts controlled activities that are not authorized by their licence, must, within 90 days after that day, either apply to the Minister to vary their licence to authorize those activities or stop conducting those activities. No contravention (3) A person referred to in subsection (2) does not contravene subsection 7(1) of the Human Pathogens or Toxins Act if they comply with subsection (2).
Human Pathogens and Toxins Act — H-5.67 454
Licence holder representative 454 After the day on which section 423 comes into force, a licence holder that is an organization must, without delay, provide the Minister with the name of its representative.
Human Pathogens and Toxins Act — H-5.67 455
Validity period — extension 455 The validity period of a licence may be extended for a period of up to 60 days beginning on the day on which this Act receives royal assent if (a) the validity period of the licence ends within 30 days after the day on which this Act receives royal assent; and (b) on the day on which this Act receives royal assent, the licence holder, its representative, if any, or the biological safety officer designated for the licence do not meet the requirements referred to in subsection 18(1.1) of the Human Pathogen and Toxins Act .
Human Pathogens and Toxins Act — H-5.67 402
402 (3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order: foreign entity means a foreign economic entity , foreign entity , or foreign state as those terms are defined in subsection 2(1) of the Foreign Interference and Security of Information Act . ( entité étrangère ) terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code . ( groupe terroriste )
Human Pathogens and Toxins Act — H-5.67
foreign entity means a foreign economic entity , foreign entity , or foreign state as those terms are defined in subsection 2(1) of the Foreign Interference and Security of Information Act . ( entité étrangère )
Human Pathogens and Toxins Act — H-5.67
terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code . ( groupe terroriste )
Human Pathogens and Toxins Act — H-5.67 409
409 (4) The portion of subsection 11(4) of the Act before paragraph (a) is replaced by the following: Defence (4) If a human pathogen or toxin is listed in the registry, then no person may be convicted of an offence or subjected to an administrative monetary penalty — in relation to that human pathogen or toxin — for the contravention of any provision of this Act or the regulations unless it is proved that, at the time of the alleged contravention,
Human Pathogens and Toxins Act — H-5.67 413
413 Section 15 of the Act is replaced by the following: Other incidents 14.1 If a licence holder has reasonable grounds to suspect that an incident meets all of the conditions below, the licence holder must inform the Minister of the incident and provide them, without delay, with the information related to the incident that the Minister requires that is under the licence holder’s control: (a) the incident is not one referred to in subsection 12(1) or (2) or section 13 or 14; (b) it involves human pathogens that fall into Risk Group 3 and are prescribed by regulation, human pathogens that fall into Risk Group 4 or toxins prescribed by regulation; (c) it is specified in regulations. Person conducting controlled activities 15 If a person conducting controlled activities under the authority of a licence has reasonable grounds to suspect that any of the incidents described in subsection 12(1) or (2) or section 13, 14 or 14.1 has occurred, the person must, without delay, inform the licence holder.
Human Pathogens and Toxins Act — H-5.67 14.1
Other incidents 14.1 If a licence holder has reasonable grounds to suspect that an incident meets all of the conditions below, the licence holder must inform the Minister of the incident and provide them, without delay, with the information related to the incident that the Minister requires that is under the licence holder’s control: (a) the incident is not one referred to in subsection 12(1) or (2) or section 13 or 14; (b) it involves human pathogens that fall into Risk Group 3 and are prescribed by regulation, human pathogens that fall into Risk Group 4 or toxins prescribed by regulation; (c) it is specified in regulations.
Human Pathogens and Toxins Act — H-5.67 15
Person conducting controlled activities 15 If a person conducting controlled activities under the authority of a licence has reasonable grounds to suspect that any of the incidents described in subsection 12(1) or (2) or section 13, 14 or 14.1 has occurred, the person must, without delay, inform the licence holder.
Human Pathogens and Toxins Act — H-5.67 414
414 Section 16 of the Act is replaced by the following: Use of information 16 No information provided under sections 12 to 15 by a licence holder or a person conducting controlled activities under the authority of a licence may be used or received against that person in the following proceedings that are subsequently instituted against them: (a) proceedings in respect of a violation enforced by an administrative monetary penalty; or (b) criminal proceedings, other than with respect to a contravention of section 17 or in respect of an allegation that the licence holder or person conducting controlled activities has shown wanton or reckless disregard for the health, safety or security of other persons.
Human Pathogens and Toxins Act — H-5.67 16
Use of information 16 No information provided under sections 12 to 15 by a licence holder or a person conducting controlled activities under the authority of a licence may be used or received against that person in the following proceedings that are subsequently instituted against them: (a) proceedings in respect of a violation enforced by an administrative monetary penalty; or (b) criminal proceedings, other than with respect to a contravention of section 17 or in respect of an allegation that the licence holder or person conducting controlled activities has shown wanton or reckless disregard for the health, safety or security of other persons.
Human Pathogens and Toxins Act — H-5.67 415
415 (3) Section 18 of the Act is amended by adding the following after subsection (2): Information (2.1) An application for a licence to authorize controlled activities in relation to human pathogens that fall into Risk Group 3 and are prescribed by regulation, human pathogens that fall into Risk Group 4 or toxins that are prescribed by regulation must include the information prescribed by regulation and make reference, in accordance with the regulations, to the following: (a) any contribution or other funding that originates from outside Canada that the applicant received or expects to receive in relation to their activities; (b) if the applicant is an organization, any person or foreign entity that has or is seeking to have any direct or indirect ownership or influence over the organization that would result in control in fact of the organization; and (c) if the applicant is an individual, any person or foreign entity that has or is seeking to have any direct or indirect influence over any activities of the applicant that are governed by this Act or the regulations. (8) Subsection 18(5) of the Act is amended by adding the following after paragraph (d): (d.1) a description of each part of the facility that is prescribed by the regulations made for the purposes of section 33.1; (9) Section 18 of the Act is amended by adding the following after subsection (6): Obligation of the licence holder — information (6.1) If a licence authorizes controlled activities in relation to human pathogens that fall into Risk Group 3 and are prescribed by regulation, human pathogens that fall into Risk Group 4 or toxins that are prescribed by regulation, the licence holder must provide the Minister with the information prescribed by regulation and inform them, in accordance with the regulations, of the following: (a) any contribution or other funding that originates from outside Canada that the licence holder received or expects to receive in relation to their activities; (b) if the licence holder is an organization, any person or foreign entity that has or is seeking to have any direct or indirect ownership or influence over the organization that would result in control in fact of the organization; and (c) if the licence holder is an individual, any person or foreign entity that has or is seeking to have any direct or indirect influence over any activities of the licence holder that are governed by this Act or the regulations.
Human Pathogens and Toxins Act — H-5.67 421
421 Section 33 of the Act is replaced by the following Access to facilities — security clearance 33 An individual must not enter — to conduct controlled activities — the part of a facility in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation unless they hold a security clearance for that part of the facility. Access — compliance with regulations 33.1 (1) Except in accordance with the regulations, any individual who does not conduct controlled activities authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation is prohibited from (a) entering a facility in which controlled activities are authorized in relation to those human pathogens or toxins; (b) remotely accessing that facility by a means of telecommunication; or (c) accessing by any means, sensitive information, as defined by regulation, in relation to those human pathogens or toxins. Non-application (2) Paragraphs (1)(a) and (b) do not apply to an individual who holds a security clearance referred to in section 33 that authorizes entry to part of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation. Restriction (3) Moreover, if an individual holds a security clearance that does not authorize them to enter certain parts of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation, the individual may enter those parts or remotely access them by a means of telecommunication only if they do so in accordance with the regulations.
Human Pathogens and Toxins Act — H-5.67 33
Access to facilities — security clearance 33 An individual must not enter — to conduct controlled activities — the part of a facility in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation unless they hold a security clearance for that part of the facility.
Human Pathogens and Toxins Act — H-5.67 33.1
Access — compliance with regulations 33.1 (1) Except in accordance with the regulations, any individual who does not conduct controlled activities authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation is prohibited from (a) entering a facility in which controlled activities are authorized in relation to those human pathogens or toxins; (b) remotely accessing that facility by a means of telecommunication; or (c) accessing by any means, sensitive information, as defined by regulation, in relation to those human pathogens or toxins. Non-application (2) Paragraphs (1)(a) and (b) do not apply to an individual who holds a security clearance referred to in section 33 that authorizes entry to part of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation. Restriction (3) Moreover, if an individual holds a security clearance that does not authorize them to enter certain parts of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation, the individual may enter those parts or remotely access them by a means of telecommunication only if they do so in accordance with the regulations.
Human Pathogens and Toxins Act — H-5.67 422
422 The Act is amended by adding the following after section 35: Minister’s power — individual 35.1 (1) Despite sections 33 and 33.1, the Minister may, on any conditions that they consider appropriate, exempt any individual from the requirement to hold a security clearance under section 33 or to comply with the regulations referred to in section 33.1 if the Minister is of the opinion that the exemption (a) poses no undue risk to the health, safety or security of the public; and (b) is warranted by reason of exigent circumstances related to the health, safety or security of the public. Duration of order (2) An exemption ceases to have effect on the earliest of the following days: (a) the day that is specified by the Minister in the exemption; (b) the day on which the Minister revokes the exemption; or (c) the day that is one year after the day on which the exemption takes effect. Report and review by committee (3) Within 30 days of exercising the power to exempt under subsection (1), the Minister must cause a report of the exercise, including the Minister’s reasons for granting the exemption, to be referred for review to the standing committee of each House of Parliament that normally considers matters related to national security.‍
Human Pathogens and Toxins Act — H-5.67 35.1
Minister’s power — individual 35.1 (1) Despite sections 33 and 33.1, the Minister may, on any conditions that they consider appropriate, exempt any individual from the requirement to hold a security clearance under section 33 or to comply with the regulations referred to in section 33.1 if the Minister is of the opinion that the exemption (a) poses no undue risk to the health, safety or security of the public; and (b) is warranted by reason of exigent circumstances related to the health, safety or security of the public. Duration of order (2) An exemption ceases to have effect on the earliest of the following days: (a) the day that is specified by the Minister in the exemption; (b) the day on which the Minister revokes the exemption; or (c) the day that is one year after the day on which the exemption takes effect. Report and review by committee (3) Within 30 days of exercising the power to exempt under subsection (1), the Minister must cause a report of the exercise, including the Minister’s reasons for granting the exemption, to be referred for review to the standing committee of each House of Parliament that normally considers matters related to national security.‍