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

Assented to 2009-06-23

Marginal note:Protection of information

 The committee members shall not disclose any information or material submitted to them as part of the review to any person other than the Minister unless the disclosure is authorized by the person to whom the information or material relates or is otherwise authorized or required by law.

Marginal note:Committee’s report

 Within 60 days after the referral of a decision to a committee, or within any longer period that the Minister may allow, the committee shall report its findings and recommendations to the Minister and to the person who requested the review.

Marginal note:Final decision
  •  (1) Within 60 days after receiving a committee’s report, the Minister shall, taking into account its findings and recommendations,

    • (a) reconsider the decision in respect of which the report was made; and

    • (b) send the Minister’s final decision by registered mail to the person who requested the review.

  • Marginal note:Effect

    (2) The Minister’s final decision takes effect on the day after the day on which it is received.

Marginal note:Duty to inform
  •  (1) A person whose licence is suspended or revoked shall, without delay, inform all persons conducting controlled activities authorized by it of its suspension or revocation.

  • Marginal note:Return of revoked licence

    (2) A person whose licence is revoked shall return it by registered mail to the Minister as soon as feasible after the Minister’s decision takes effect or, if the decision is reviewed, as soon as feasible after the Minister’s final decision takes effect.

ACCESS TO FACILITY TO WHICH LICENCE APPLIES

Marginal note:List of authorized persons

 A licence holder shall establish and maintain a list of all persons authorized by the licence holder to access the facility to which the licence applies, including persons holding a security clearance for that facility and visitors. The licence holder shall provide the Minister with that list if requested to do so.

Marginal note:Obligation to inform Minister

 If a licence holder decides to prohibit the holder of a security clearance from having access to the facility to which the licence applies, the licence holder shall, without delay, inform the Minister in writing of their decision.

SECURITY CLEARANCES

Marginal note:Access to facilities

 No person shall enter the part of a facility in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or toxins prescribed by regulation unless

  • (a) they hold a security clearance for that part of the facility; or

  • (b) they are, in accordance with the regulations, if any, accompanied and supervised by a person who holds a security clearance for that part of the facility.