Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)
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Assented to 2026-03-26
PART 5Various Measures (continued)
DIVISION 22Canada Development Investment Corporation Act (continued)
Coming into Force
Marginal note:Order in council
388 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 232000, c. 5Personal Information Protection and Electronic Documents Act
Amendments to Act
389 The Personal Information Protection and Electronic Documents Act is amended by adding the following after section 10.3:
DIVISION 1.2Mobility of Personal Information
Marginal note:Data mobility framework
10.4 Subject to the regulations, on the request of an individual, an organization shall, as soon as feasible, disclose the personal information that it has collected from the individual to an organization designated by the individual if both organizations are subject to a data mobility framework.
Marginal note:Regulations
10.5 The Governor in Council may, after consulting with the Office of the Privacy Commissioner, make regulations respecting the disclosure of personal information under section 10.4, including regulations
(a) respecting data mobility frameworks and prescribing
(i) safeguards that must be put in place by organizations to enable the secure disclosure of personal information under section 10.4 and the secure collection of that information, and
(ii) parameters for the technical means for ensuring interoperability in respect of the disclosure and collection of that information;
(b) specifying organizations that are subject to a data mobility framework; and
(c) providing for exceptions to the requirement to disclose personal information, including exceptions related to the protection of proprietary or confidential commercial information.
Marginal note:Distinguishing among classes
10.6 Regulations made under section 10.5 may distinguish among different classes of activities, information or organizations.
390 Subsection 11(1) of the Act is replaced by the following:
Marginal note:Contravention
11 (1) An individual may file with the Commissioner a written complaint against an organization for contravening a provision of Division 1, 1.1 or 1.2 or for not following a recommendation set out in Schedule 1.
391 Subsection 14(1) of the Act is replaced by the following:
Marginal note:Application
14 (1) A complainant may, after receiving the Commissioner’s report or being notified under subsection 12.2(3) that the investigation of the complaint has been discontinued, apply to the Court for a hearing in respect of any matter in respect of which the complaint was made, or that is referred to in the Commissioner’s report, and that is referred to in clause 4.1.3, 4.2, 4.3.3, 4.4, 4.6, 4.7 or 4.8 of Schedule 1, in clause 4.3, 4.5 or 4.9 of that Schedule as modified or clarified by Division 1 or 1.1, in subsection 5(3) or 8(6) or (7), in section 10 or in Division 1.1 or 1.2.
392 Paragraph 16(a) of the Act is replaced by the following:
(a) order an organization to correct its practices in order to comply with Divisions 1 to 1.2;
393 Subsection 17.1(1) of the Act is replaced by the following:
Marginal note:Compliance agreement
17.1 (1) If the Commissioner believes on reasonable grounds that an organization has committed, is about to commit or is likely to commit an act or omission that could constitute a contravention of a provision of Division 1, 1.1 or 1.2 or a failure to follow a recommendation set out in Schedule 1, the Commissioner may enter into a compliance agreement, aimed at ensuring compliance with this Part, with that organization.
394 The portion of subsection 18(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:To ensure compliance
18 (1) The Commissioner may, on reasonable notice and at any reasonable time, audit the personal information management practices of an organization if the Commissioner has reasonable grounds to believe that the organization has contravened a provision of Division 1, 1.1 or 1.2 or is not following a recommendation set out in Schedule 1 and for that purpose may
395 Paragraph 24(c) of the Act is replaced by the following:
(c) encourage organizations to develop detailed policies and practices, including organizational codes of practice, to comply with Divisions 1 to 1.2; and
396 Subsection 27(1) of the Act is replaced by the following:
Marginal note:Whistleblowing
27 (1) Any person who has reasonable grounds to believe that a person has contravened or intends to contravene a provision of Division 1, 1.1 or 1.2 may notify the Commissioner of the particulars of the matter and may request that their identity be kept confidential with respect to the notification.
397 Paragraphs 27.1(1)(a) to (c) of the Act are replaced by the following:
(a) the employee, acting in good faith and on the basis of reasonable belief, has disclosed to the Commissioner that the employer or any other person has contravened or intends to contravene a provision of Division 1, 1.1 or 1.2;
(b) the employee, acting in good faith and on the basis of reasonable belief, has refused or stated an intention of refusing to do anything that is a contravention of a provision of Division 1, 1.1 or 1.2;
(c) the employee, acting in good faith and on the basis of reasonable belief, has done or stated an intention of doing anything that is required to be done in order that a provision of Division 1, 1.1 or 1.2 not be contravened; or
Coming into Force
Marginal note:Order in council
398 This Division comes into force on a day to be fixed by order of the Governor in Council.
DIVISION 241991, c. 11Broadcasting Act
399 Paragraphs 2(3)(b) and (c) of the Broadcasting Act are replaced by the following:
(b) the right to privacy of individuals; and
(c) the commitment of the Government of Canada to enhance the vitality of official language minority communities in Canada and to support and assist their development, taking into account their uniqueness, diversity and historical and cultural contributions to Canadian society, as well as to foster the full recognition and use of both English and French in Canadian society.
DIVISION 252009, c. 24Human Pathogens and Toxins Act
Amendments to the Act
400 (1) The preamble to the English version of the Human Pathogens and Toxins Act is replaced by the following:
Preamble
Whereas the Parliament of Canada recognizes the objective of protecting the health, safety and security of the public;
Whereas the Parliament of Canada recognizes that human pathogens and toxins pose varying levels of risk to the health, safety and security of the public;
Whereas the Parliament of Canada recognizes that a lack of full scientific certainty regarding the risks posed by certain human pathogens and toxins is not to be used as a reason to postpone measures that protect the health, safety and security of the public;
Whereas the Parliament of Canada recognizes that human pathogens and toxins evolve and can be altered and that new human pathogens and toxins appear continually, therefore creating unique challenges in meeting the objective of protecting the health, safety and security of the public;
(2) The preamble to the Act is amended by adding the following after the fourth paragraph:
And whereas the Parliament of Canada recognizes that preventing the theft of sensitive information in relation to human pathogens and toxins contributes to the objective of protecting the health, safety and security of the public;
401 Section 2 of the English version of the Act is replaced by the following:
Marginal note:Purpose
2 The purpose of this Act is to establish a safety and security regime to protect the health, safety and security of the public against the risks posed by human pathogens and toxins.
402 (1) The definitions controlled activity, human pathogen, Risk Group 2, Risk Group 3, Risk Group 4 and toxin in subsection 3(1) of the Act are replaced by the following:
- controlled activity
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)
- human pathogen
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)
- Risk Group 2
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
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
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)
- toxin
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)
(2) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
- registry
registry means the registry established under subsection 9(1). (registre)
(3) Subsection 3(1) of the Act is amended by adding the following in alphabetical order:
- foreign entity
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
terrorist group has the same meaning as in subsection 83.01(1) of the Criminal Code. (groupe terroriste)
403 Paragraph 4(b) of the Act is replaced by the following:
(b) a drug in dosage form or a device whose sale is permitted or otherwise authorized under the Food and Drugs Act or a human pathogen or toxin contained in such a drug or device.
404 Section 5 of the English version of the Act and the heading before it are replaced by the following:
His Majesty
Marginal note:Act binding on His Majesty
5 This Act is binding on His Majesty in right of Canada or a province.
405 Section 6 of the English version of the Act is replaced by the following:
Marginal note:Reasonable precautions
6 Every person who knowingly conducts any activity referred to in section 7 involving a human pathogen or toxin must take all reasonable precautions to protect the health, safety and security of the public against the risks posed by that activity.
406 Sections 7 to 9 of the Act and the heading before section 10 are replaced by the following:
Marginal note:Controlled activities
7 (1) A person must not knowingly conduct any controlled activity unless a licence has been issued by the Minister that authorizes the activity.
Marginal note:Exceptions
(2) Despite the definition controlled activity in subsection 3(1), the following activities are not controlled activities:
(a) any activity to which the Transportation of Dangerous Goods Act, 1992 applies that involves
(i) human pathogens that fall into Risk Group 2,
(ii) human pathogens that fall into Risk Group 3 and are not prescribed by regulation, or
(iii) toxins that are not prescribed by regulation;
(b) export authorized under the Export and Import Permits Act that involves
(i) human pathogens that fall into Risk Group 2,
(ii) human pathogens that fall into Risk Group 3 and are not prescribed by regulation, or
(iii) toxins that are not prescribed by regulation;
(c) any activity to which the Transportation of Dangerous Goods Act, 1992 applies that involves the following human pathogens or toxins, unless the person who conducts the activity also conducts controlled activities to which that Act does not apply:
(i) human pathogens that fall into Risk Group 3 and are prescribed by regulation,
(ii) human pathogens that fall into Risk Group 4, or
(iii) toxins that are prescribed by regulation; and
(d) export authorized under the Export and Import Permits Act that involves the following human pathogens or toxins, unless the person who exports also conducts controlled activities to which that Act does not apply:
(i) human pathogens that fall into Risk Group 3 and are prescribed by regulation,
(ii) human pathogens that fall into Risk Group 4, or
(iii) toxins that are prescribed by regulation.
Marginal note:Human pathogens and toxins — schedule
8 Despite section 7, a person must not conduct any activity referred to in that section in relation to a human pathogen or toxin listed in the schedule.
Registry
Marginal note:Registry
9 (1) The Minister must establish and update a registry that
(a) lists any substance that, in the opinion of the Minister, is produced by, or derived from, a micro-organism 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; and
(b) may list
(i) any micro-organism, nucleic acid or protein if they are of the opinion that it falls into Risk Group 2, Risk Group 3 or Risk Group 4, or
(ii) any substance if they are of the opinion that it is produced by, or derived from a micro-organism and it poses a moderate to high risk to the health of individuals.
Marginal note:Minister’s obligation
(2) The Minister must indicate in the registry
(a) in the case of a substance referred to in paragraph (1)(a), that
(i) it 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, and
(ii) the minimum quantity at which, in the opinion of the Minister, it poses that risk; and
(b) in the case of a micro-organism, nucleic acid or protein referred to in subparagraph (1)(b)(i), the risk group into which, in the opinion of the Minister, it falls.
Marginal note:Minimum quantity
(3) The Minister may, for any substance referred to in subparagraph (1)(b)(ii) that is listed in the registry, identify in the registry the minimum quantity at which, in the opinion of the Minister, the substance poses the risk referred to in that subparagraph.
Marginal note:Deletion of items
(4) The Minister must delete from the registry a micro-organism, nucleic acid, protein or substance if the Governor in Council adds it to the schedule under subsection 10(1).
Marginal note:Amendments to the registry
(5) The Minister must, in the registry,
(a) amend the risk group of a human pathogen if the Minister is of the opinion that it falls into a risk group that is different from the one under which it is listed in the registry;
(b) add the references referred to in paragraph (2)(a) if the Minister is of the opinion that the toxin that is listed in the registry poses a risk referred to in paragraph (1)(a);
(c) remove the references referred to in paragraph (2)(a) if the Minister is of the opinion that the toxin that is listed in the registry does not pose a risk referred to in paragraph (1)(a); and
(d) amend the minimum quantity that is listed for a toxin if the Minister is of the opinion that it is not the minimum quantity at which the toxin poses a risk referred to in paragraph (1)(a) or subparagraph (1)(b)(ii).
Marginal note:Amendment to the registry — name
(6) The Minister may amend the registry by modifying the name of a human pathogen or toxin listed in the registry.
Marginal note:Accessibility of the registry
(7) The Minister must make the registry accessible to the public by electronic means and by any other means that the Minister considers appropriate.
Marginal note:Delegation
(8) The Minister may, subject to any terms and conditions that they specify, delegate to an officer or employee of the Public Health Agency of Canada established under section 3 of the Public Health Agency of Canada Act, any of the powers that the Minister is authorized to exercise or any of the duties and functions that they are authorized to perform under subsections (1) to (7).
Marginal note:Non-application
(9) For greater certainty, section 5 of the Public Health Agency of Canada Act does not apply if the Minister delegates any of the powers they are authorized to exercise or any of the duties and functions that they are authorized to perform under subsection (8).
Marginal note:Exemption from Statutory Instruments Act
(10) The registry is exempt from sections 3, 5 and 11 of the Statutory Instruments Act.
Marginal note:Advisory Committee
9.1 (1) An advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act is to, on a periodic basis, provide advice to the Minister in respect of the registry.
Marginal note:Request of Minister
(2) The Minister may at any time request the advisory committee to provide advice in respect of the registry.
Marginal note:Publication
(3) The advisory committee must make available to the public the advice given to the Minister.
Schedule
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