Marginal note:Issuance, suspension and revocation

• 34. (1) The Minister may, in accordance with the regulations, issue a security clearance to any individual or suspend or revoke a security clearance. The Minister shall notify the individual concerned in writing of the decision.

• Marginal note:Agreement

  (2) The Minister may, by way of an agreement, authorize any federal department or agency to issue, suspend or revoke security clearances and section 35 applies with any necessary modifications.

Marginal note:Reconsideration of decision

• 35. (1) If the Minister refuses to issue a security clearance or suspends or revokes a security clearance, the individual concerned may, within 30 days after the day on which the notice is received, request in writing that the Minister reconsider the decision.

• Marginal note:Request for reconsideration

  (2) The request for reconsideration must set out

  • (a) the decision that is the subject of the request;

  • (b) the reasons for the request, including any new information that the individual concerned wishes the Minister to consider; and

  • (c) any information prescribed by regulation.

• Marginal note:Opportunity to make representations

  (3) On receipt of a request made in accordance with this section, the Minister shall give the individual concerned a reasonable opportunity to make representations.

• Marginal note:Confirmation or variation of decision

  (4) Within a reasonable time after representations have been made or an opportunity to do so has been given, the Minister shall reconsider the decision, in accordance with the regulations, if any, and confirm or vary it.

• Marginal note:Notice

  (5) The Minister shall notify the individual concerned in writing of the decision made following the reconsideration.

Marginal note:Designation

• 36. (1) An applicant shall, before a licence may be issued, designate an individual as a biological safety officer for the requested licence. The individual designated may also be the applicant.

• Marginal note:Obligations not limited

  (2) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act.

• Marginal note:Qualifications

  (3) An individual may be designated as a biological safety officer only if the individual has the qualifications set out in the regulations.

• Marginal note:Effect of designation

  (4) A designation takes effect on the day on which the designated individual provides the Minister with their written consent to the designation or the day on which the individual begins to act as a biological safety officer, whichever is earlier.

• Marginal note:Powers and functions

  (5) The biological safety officer may exercise the powers and shall carry out the functions set out in the regulations.

• Marginal note:Replacement

  (6) If an individual ceases to act as a biological safety officer, the licence holder shall, without delay, designate another individual and inform the Minister of the new designation.