GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Human Pathogens and Toxins Act — H-5.67 35
Reconsideration of decision 35 (1) If the Minister refuses to issue a security clearance or suspends or revokes a security clearance, the individual concerned may, within 30 days after the day on which the notice is received, request in writing that the Minister reconsider the decision. Request for reconsideration (2) The request for reconsideration must set out (a) the decision that is the subject of the request; (b) the reasons for the request, including any new information that the individual concerned wishes the Minister to consider; and (c) any information prescribed by regulation. Opportunity to make representations (3) On receipt of a request made in accordance with this section, the Minister shall give the individual concerned a reasonable opportunity to make representations. Confirmation or variation of decision (4) Within a reasonable time after representations have been made or an opportunity to do so has been given, the Minister shall reconsider the decision, in accordance with the regulations, if any, and confirm or vary it. Notice (5) The Minister shall notify the individual concerned in writing of the decision made following the reconsideration.
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Designation 36 (1) An applicant must, before a licence may be issued, designate as a biological safety officer for the requested licence, an individual who must have the qualifications set out in the regulations. The individual designated may also be the applicant. Effective date (2) A designation takes effect on the day on which the designated individual provides the Minister with their written consent to the designation or the day on which the individual begins to act as a biological safety officer, whichever is earlier. Powers, duties and functions (3) The biological safety officer must exercise the powers and perform the duties and functions set out in the regulations. Designation — effect (4) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act. Replacement (5) If an individual ceases to act as a biological safety officer, the licence holder must, without delay, designate another individual and inform the Minister of the new designation. 2009, c. 24, s. 36 2026, c. 3, s. 423
Human Pathogens and Toxins Act — H-5.67 36.1
Designation 36.1 (1) An applicant that is an organization must, before a licence may be issued, designate an individual as its representative for the requested licence. Powers, duties and functions (2) The representative is the point of contact for any matters in relation to the licence and may exercise any of the licence holder’s powers and perform any of their duties and functions under this Act or that are prescribed by regulations, if any. Designation — effect (3) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act. Replacement (4) If an individual ceases to act as a representative, the licence holder must, without delay, designate another individual and inform the Minister of the new designation. 2026, c. 3, s. 423
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Non-application 37 Subsection 7 (1) and section 8 do not apply to (a) an inspector or analyst carrying out their functions under this Act; (b) a peace officer carrying out their functions under any federal or provincial Act or a person providing assistance to that peace officer; (c) any person who, in the course of their employment, outside a facility in which controlled activities are authorized, collects a sample for the purpose of laboratory analysis or diagnostic testing; or (d) in exigent circumstances, any person carrying out their functions under any federal or provincial Act.
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Provision of information to Minister 38 (1) The Minister may order an applicant, a licence holder or a biological safety officer to provide the Minister, in accordance with any conditions that the Minister may specify, with any information that is under that person’s control, including personal information and confidential business information, and that the Minister believes, on reasonable grounds, is relevant to the administration of this Act or the regulations. Information (2) The information that is to be provided may include information (a) regarding the human pathogens or toxins in the possession of the applicant, licence holder or biological safety officer; (b) regarding the persons having access to the human pathogens or toxins referred to in paragraph (a); (c) regarding the facility in which the controlled activities are authorized or in respect of which an application for a licence has been submitted; (d) regarding the controlled activities that are authorized by a licence or in respect of which an application for a licence has been submitted; (e) that is necessary to enable Canada to fulfil its international obligations; and (f) that is necessary to enable Canada to submit Confidence-Building Measures in connection with the Biological and Toxin Weapons Convention. Obligation to provide information (3) An applicant, a licence holder or a biological safety officer shall provide the Minister with the information, in accordance with any conditions that the Minister may specify. Excluded information (4) Despite subsections (1) to (3), 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. 2009, c. 24, s. 38 2026, c. 3, s. 424
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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. 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. 2009, c. 24, s. 39 2026, c. 3, s. 425
Human Pathogens and Toxins Act — H-5.67 40
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. 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.
Human Pathogens and Toxins Act — H-5.67 40.1
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. 2026, c. 3, s. 426
Human Pathogens and Toxins Act — H-5.67 40.2
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. 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. 2026, c. 3, s. 426
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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. 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). 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. 2009, c. 24, s. 41 2026, c. 3, s. 427
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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). 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. 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. 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. 2009, c. 24, s. 42 2022, c. 17, s. 70
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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. 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. 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. 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. Application of order not suspended (5) The referral of a decision to the Minister for review does not suspend the application of the decision. 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. 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. 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 . 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. 2009, c. 24, s. 43 2026, c. 3, s. 428
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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. Interference (2) Except with the inspector’s authority, no person shall remove, alter or interfere in any way with the seized thing.
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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.
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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. 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. 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. 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). 2009, c. 24, s. 46 2026, c. 3, s. 429(E)
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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. 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. 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. 2009, c. 24, s. 47 2026, c. 3, s. 430(E)
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Preservation 48 The Minister shall make reasonable efforts to preserve any thing seized under this Act pending its disposition.
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Costs 49 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.
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Designation of analyst 50 The Minister may designate any individual, or class of individuals, as an analyst for the administration and enforcement of this Act and the regulations.
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Analysis and examination 51 (1) An inspector may submit to an analyst, for analysis or examination, any thing seized or taken by the inspector. 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.
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Admissibility 52 (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. 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. 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.
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General 53 Subject to sections 54 to 58, every person who contravenes this Act or the regulations is guilty of an offence and liable, (a) in the case of a contravention with respect to a human pathogen that falls into Risk Group 2, on summary conviction, to a fine of not more than $250,000 or to imprisonment for a term of not more than six months, or to both; (b) in all other cases, (i) 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, or (ii) on summary conviction, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months, or to both. 2009, c. 24, s. 53 2026, c. 3, s. 432
Human Pathogens and Toxins Act — H-5.67 54
Breach of duty 54 Every person who contravenes section 6 and, as a result, creates a risk to the health, safety or security of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than five years. 2009, c. 24, s. 54 2026, c. 3, s. 432
Human Pathogens and Toxins Act — H-5.67 55
Wanton or reckless breach of duty 55 Every person who contravenes section 6 and who shows wanton or reckless disregard for the health, safety or security of other persons and, as a result, creates a risk to the health, safety or security of the public is guilty of an indictable offence and liable to imprisonment for a term of not more than 10 years. 2009, c. 24, s. 55 2026, c. 3, s. 432
Human Pathogens and Toxins Act — H-5.67 57
Contravention of section 8 — knowingly 57 (1) Every person who knowingly contravenes section 8 is guilty of an offence and liable on conviction by indictment to a fine of not more than $5,000,000 or to imprisonment for a term of not more than 14 years, or to both. Contravention of section 8 (2) Every person who contravenes section 8 is guilty of an offence and liable (a) 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; or (b) on summary conviction, to a fine of not more than $500,000 or to imprisonment for a term of not more than 18 months, or to both. 2009, c. 24, s. 57 2026, c. 3, s. 434
Human Pathogens and Toxins Act — H-5.67 58
Intentional release 58 Every person who intentionally releases or otherwise abandons a human pathogen or toxin in contravention of this Act or the regulations is guilty of an indictable offence and is liable to imprisonment (a) for life, if the result causes death or is likely to cause death to any individual; (b) for a term of not more than 14 years, if the result creates a risk to the health, safety, or security of the public. 2009, c. 24, s. 58 2026, c. 3, s. 435
Human Pathogens and Toxins Act — H-5.67 59
Defence 59 No person who establishes that they exercised all due diligence to prevent the contravention of this Act or the regulations 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) [Repealed, 2026, c. 3, s. 436] (d) subsection 57 (1); and (e) section 58 . 2009, c. 24, s. 59 2026, c. 3, s. 436
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Place of trial 60 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.
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Continuing offences 61 If an offence under this Act or the regulations 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. 2009, c. 24, s. 61 2026, c. 3, s. 437
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Time limit 62 (1) Summary conviction proceedings for an offence under this Act or the regulations may be instituted no later than two years after the day on which the subject matter of the proceedings becomes known to the Minister. 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. 2009, c. 24, s. 62 2026, c. 3, s. 438
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Directors, officers and agents or mandataries 63 If a person other than an individual commits an offence under this Act or the regulations, any of the person’s directors, officers or agents or mandataries who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence, whether or not the person has been prosecuted or convicted. 2009, c. 24, s. 63 2026, c. 3, s. 439
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Offences by employees or agents or mandataries 64 In a prosecution for an offence under this Act or the regulations, it is sufficient proof of the offence to establish that it was committed by the accused’s employee acting within the scope of their employment, or the accused’s agent or mandatary acting within the scope of their authority, whether or not the employee or agent or mandatary is identified or prosecuted for the offence, unless the accused establishes that (a) the offence was committed without the accused’s knowledge or consent; and (b) the accused exercised all due diligence to prevent its commission. 2009, c. 24, s. 64 2026, c. 3, s. 440