Human Pathogens and Toxins Act

Marginal note:Definitions

• 3 (1) The following definitions apply in this Act.

  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)

  conveyance

  conveyance means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container. (véhicule)

  disease

  disease includes intoxication. (maladie)

  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)

  licence

  licence means a licence issued under section 18. (permis)

  Minister

  Minister means the Minister of Health. (ministre)

  person

  person means an individual or an organization as defined in section 2 of the Criminal Code. (personne)

  personal information

  personal information has the same meaning as in section 3 of the Privacy Act. (renseignements personnels)

  possession

  possession has the same meaning as in subsection 4(3) of the Criminal Code. (possession)

  produce

  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

  registry means the registry established under subsection 9(1). (registre)

  release

  release means any discharge, anywhere, and includes leaking, spraying, depositing, dumping or vaporizing. (rejet)

  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)

  security clearance

  security clearance means a security clearance issued under section 34. (habilitation de sécurité)

  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)

• Marginal note: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.