Human Pathogens and Toxins Act (S.C. 2009, c. 24)

Marginal note:Defence

69 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

• 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.

• 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

• 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.

• 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 ^*72 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.]