Human Pathogens and Toxins Act

Marginal note:Prohibited possession — update

• 11 (1) Within 30 days after the date that an update to the registry under subsection 9(1) is publicly accessible, every person who, as a result of the update to the registry, no longer has lawful possession of a human pathogen or toxin must

  • (a) dispose of it in accordance with the regulations, if any;

  • (b) transfer it to a facility where controlled activities in relation to it are authorized; or

  • (c) obtain from the Minister a licence, or a variation of the conditions of their existing licence, authorizing possession of it.

• Marginal note:Prohibited possession — schedule

  (2) Within 14 days after the date of publication of a regulation made under subsection 10(1), every person who, as a result of the regulation, no longer has lawful possession of a human pathogen or toxin must dispose of it in accordance with the regulations, if any.

• Marginal note:No contravention

  (3) No person contravenes subsection 7(1) or section 8 by reason only that they possess a human pathogen or toxin in the circumstances described in subsection (1) or (2) if they transfer or dispose of it or obtain a licence or a variation of their existing licence authorizing possession of it, in accordance with subsection (1) or (2).

• Marginal note:Defence

  (4) If a human pathogen or toxin is listed in the registry, then no person may be convicted of an offence — in relation to that human pathogen or toxin — for the contravention of this Act or the regulations unless it is proved that, at the time of the alleged contravention,

  • (a) the registry with the human pathogen or toxin listed in it was reasonably accessible to the person;

  • (b) the human pathogen or toxin was listed in the registry; and

  • (c) the registry indicated, in relation to the human pathogen or toxin,

    • (i) the risk group into which the human pathogen falls,

    • (ii) if the toxin poses a moderate to high risk to the health, safety or security of the public due to a reasonable risk of intentional use as a biological weapon, the references referred to in paragraph 9(2)(a), or

    • (iii) the minimum quantity at which the toxin poses a moderate to high risk to the health of individuals, if any.