Human Pathogens and Toxins Act

Marginal note: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.

• Marginal note: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.

• Marginal note: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.

• Marginal note: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.