Human Pathogens and Toxins Act — H-5.67 3
Definitions 3 (1) The following definitions apply in this Act. controlled activity , in respect of a human pathogen or toxin, means any of the following activities: (a) possessing, handling or using it; (b) producing it; (c) storing it; (d) permitting any person access to it; (e) transferring it; (f) importing or exporting it; (g) releasing or otherwise abandoning it; or (h) disposing of it. ( activité réglementée ) conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container. ( véhicule ) disease includes intoxication. ( maladie ) human pathogen means a micro-organism, nucleic acid or protein that (a) is listed in the registry or in Part 2 of the schedule; or (b) is not listed in the registry or in Part 2 of the schedule but falls into Risk Group 2, Risk Group 3 or Risk Group 4. ( agent pathogène humain ) licence means a licence issued under section 18 . ( permis ) Minister means the Minister of Health. ( ministre ) person means an individual or an organization as defined in section 2 of the Criminal Code . ( personne ) personal information has the same meaning as in section 3 of the Privacy Act . ( renseignements personnels ) possession has the same meaning as in subsection 4(3) of the Criminal Code . ( possession ) produce , in respect of a human pathogen or toxin, means to create it by any method or process, including (a) by manufacturing, cultivating, developing, reproducing or synthesizing it; or (b) by converting or refining a substance, micro-organism, nucleic acid or protein, or by using any other means of altering its physical or chemical properties. ( production ) registry means the registry established under subsection 9(1). ( registre ) release means any discharge, anywhere, and includes leaking, spraying, depositing, dumping or vaporizing. ( rejet ) Risk Group 2 means a category of human pathogens that pose a moderate risk to the health of individuals and a low risk to public health and includes the human pathogens listed under Risk Group 2 in the registry. They are able to cause serious disease in a human but are unlikely to do so. Effective treatment and preventive measures are available and the risk of spread of disease caused by those pathogens is low. ( groupe de risque 2 ) Risk Group 3 means a category of human pathogens that pose a high risk to the health of individuals and a low risk to public health and includes the human pathogens listed under Risk Group 3 in the registry. They are likely to cause serious disease in a human. Effective treatment and preventive measures are usually available and the risk of spread of disease caused by those pathogens is low. ( groupe de risque 3 ) Risk Group 4 means a category of human pathogens that pose a high risk to the health of individuals and a high risk to public health and includes the human pathogens listed under Risk Group 4 in the registry. They are likely to cause serious disease in a human. Effective treatment and preventive measures are not usually available and the risk of spread of disease caused by those pathogens is high. ( groupe de risque 4 ) security clearance means a security clearance issued under section 34 . ( habilitation de sécurité ) toxin means a substance that is produced by, or derived from, a micro-organism and that (a) may or may not be listed in the registry and poses a moderate to high risk to the health of individuals; (b) is listed in the registry and poses a moderate to high risk to the health, safety or security of the public due to a reasonable risk of intentional use as a biological weapon, with the risk and minimum quantity at which it poses that risk indicated in accordance with paragraph 9(2)(a); or (c) is listed in Part 1 of the schedule. ( toxine ) Included (2) For the purposes of this Act, a human pathogen or toxin includes (a) a substance that contains a human pathogen or toxin; and (b) any synthetic form of the human pathogen or toxin. 2009, c. 24, s. 3 20