Human Pathogens and Toxins Regulations

Marginal note:Issuance — risk assessment

14 The Minister must issue a security clearance if the Minister determines that the applicant does not pose an undue risk to the health or safety of the public after considering the information obtained under sections 12 and 13 and taking the following factors into account:

• (a) the relevance of the information, including the circumstances of the underlying events or convictions, their seriousness, number and frequency, the date of the last event or conviction and any sentence or other disposition;

• (b) whether it is known or there are reasonable grounds to suspect that the applicant

  • (i) is or has been involved in — or contributes or has contributed to — activities that are directed toward or in support of the use of human pathogens or toxins to commit either criminal offences or acts of violence against persons or property,

  • (ii) is or has been involved in — or contributes or has contributed to — activities that constitute threats to the security of Canada within the meaning of the Canadian Security Intelligence Service Act,

  • (iii) is or has been a member of a terrorist group as defined in subsection 83.01(1) of the Criminal Code or is or has been involved in — or contributes or has contributed to — the activities of such a group,

  • (iv) is or has been a member of a criminal organization as defined in subsection 467.1(1) of that Act or participates or has participated in — or contributes or has contributed to — activities of such an organization as described in subsection 467.11(1) of that Act,

  • (v) is or has been a member of an organization that is known to be involved in or to contribute to — or in respect of which there are reasonable grounds to suspect involvement in or contribution to — activities that are directed toward or in support of either the use of human pathogens or toxins to commit criminal offences or the threat of or the use of acts of violence against persons or property, or

  • (vi) is or has been associated with an individual who is known to be involved in or to contribute to — or in respect of whom there are reasonable grounds to suspect involvement in or contribution to — activities referred to in subparagraph (i) or (ii), or who is a member of a group or organization referred to in any of subparagraphs (iii) to (v);

• (c) whether there are reasonable grounds to suspect that the applicant is in a position in which there is a risk that they could be induced to commit an act or to assist or abet any person to commit an act that might constitute an undue risk to the health or safety of the public;

• (d) whether the applicant has previously had a security clearance suspended or revoked;

• (e) whether the applicant has provided false or misleading information in or in connection with their application;

• (f) whether any foreign jurisdiction has refused to issue the equivalent of a security clearance to the applicant — or has suspended or revoked one — and the reason for the refusal, suspension or revocation; and

• (g) any other relevant information to enable the Minister to assess the risk.