37. Subsection 7(1) and section 8 do not apply to
(a) an inspector or analyst carrying out their functions under this Act;
(b) a peace officer carrying out their functions under any federal or provincial Act or a person providing assistance to that peace officer;
(c) any person who, in the course of their employment, outside a facility in which controlled activities are authorized, collects a sample for the purpose of laboratory analysis or diagnostic testing; or
(d) in exigent circumstances, any person carrying out their functions under any federal or provincial 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.
(2) The information that is to be provided may include information regarding
(a) the human pathogens or toxins in the possession of the applicant, licence holder or biological safety officer;
(b) the persons having access to the human pathogens or toxins referred to in paragraph (a);
(c) the facility in which the controlled activities are authorized or in respect of which an application for a licence has been submitted; and
(d) the controlled activities that are authorized by a licence or in respect of which an application for a licence has been submitted.
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.
Marginal note:Disclosure by Minister
39. (1) The Minister may, without the consent of the person to whom the information relates, disclose personal information and confidential business information obtained under this Act to a person from whom the Minister seeks advice, to a department or agency of the government of Canada or a province, to a foreign government or to an international organization if
(a) the disclosure is necessary for the administration or enforcement of this Act or the regulations;
(b) the Minister has reasonable grounds to believe that the disclosure is necessary to address a serious and imminent danger to the health or safety of the public; or
(c) the disclosure is necessary to enable Canada to fulfil its international obligations.
Marginal note:Adequate protection
(2) Except in the circumstances described in paragraph (1)(b), before disclosing the information to any person other than Her Majesty in right of Canada or an agent of Her Majesty, the Minister must obtain the person’s written agreement that they will maintain the confidentiality of the information unless they are required by law to disclose it.
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