Human Pathogens and Toxins Act

Marginal note:Serious and imminent danger

• 43 (1) If, in the course of an inspection, an inspector has reasonable grounds to believe that a controlled activity is conducted in a manner that poses a serious and imminent danger to the health or safety of the public, the inspector may order the licence holder, or any other person in the place or conveyance, to carry out any measure that the inspector considers necessary to reduce or eliminate that danger.

• Marginal note:Obligation

  (2) A licence holder or any other person who is ordered by an inspector to carry out such a measure shall comply with the order and, in doing so, does not contravene subsection 7(1) or section 8.

• Marginal note:Withdrawal of order

  (3) An inspector who orders a measure to be carried out shall, if appropriate, withdraw the order if they are satisfied that the controlled activity is no longer conducted in a manner that poses a serious and imminent danger to the health or safety of the public.

• Marginal note:Review by Minister

  (4) An inspector shall, without delay, refer any decision to make or withdraw an order to the Minister for review. After the review, the Minister may amend, replace or rescind the order if the Minister is of the opinion that it is necessary to do so.

• Marginal note:Application of order not suspended

  (5) The referral of a decision to the Minister for review does not suspend the application of the decision.

• Marginal note:Refusal to comply

  (6) If a licence holder or any other person who is ordered to carry out a measure fails to comply with the order, the inspector may carry out the measure or require another person to do so.

• Marginal note:Informing of action

  (7) After the measure is carried out, the inspector shall, as soon as feasible, advise the person who failed to comply with the order that the measure was carried out.

• Marginal note:Compliance not required

  (8) No person is required to carry out a measure ordered by an inspector if doing so would expose them to a danger, as defined in subsection 122(1) of the Canada Labour Code.

• Marginal note:Cost

  (9) A licence holder, or if no licence has been issued in respect of the controlled activity, the person who is responsible for the conduct of the controlled activity, shall bear the cost of carrying out any measure ordered by an inspector.