Human Pathogens and Toxins Act

Marginal note:Registry

• 9 (1) The Minister must establish and update a registry that

  • (a) lists any substance that, in the opinion of the Minister, is produced by, or derived from, a micro-organism and 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; and

  • (b) may list

    • (i) any micro-organism, nucleic acid or protein if they are of the opinion that it falls into Risk Group 2, Risk Group 3 or Risk Group 4, or

    • (ii) any substance if they are of the opinion that it is produced by, or derived from a micro-organism and it poses a moderate to high risk to the health of individuals.

• Marginal note:Minister’s obligation

  (2) The Minister must indicate in the registry

  • (a) in the case of a substance referred to in paragraph (1)(a), that

    • (i) it 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, and

    • (ii) the minimum quantity at which, in the opinion of the Minister, it poses that risk; and

  • (b) in the case of a micro-organism, nucleic acid or protein referred to in subparagraph (1)(b)(i), the risk group into which, in the opinion of the Minister, it falls.

• Marginal note:Minimum quantity

  (3) The Minister may, for any substance referred to in subparagraph (1)(b)(ii) that is listed in the registry, identify in the registry the minimum quantity at which, in the opinion of the Minister, the substance poses the risk referred to in that subparagraph.

• Marginal note:Deletion of items

  (4) The Minister must delete from the registry a micro-organism, nucleic acid, protein or substance if the Governor in Council adds it to the schedule under subsection 10(1).

• Marginal note:Amendments to the registry

  (5) The Minister must, in the registry,

  • (a) amend the risk group of a human pathogen if the Minister is of the opinion that it falls into a risk group that is different from the one under which it is listed in the registry;

  • (b) add the references referred to in paragraph (2)(a) if the Minister is of the opinion that the toxin that is listed in the registry poses a risk referred to in paragraph (1)(a);

  • (c) remove the references referred to in paragraph (2)(a) if the Minister is of the opinion that the toxin that is listed in the registry does not pose a risk referred to in paragraph (1)(a); and

  • (d) amend the minimum quantity that is listed for a toxin if the Minister is of the opinion that it is not the minimum quantity at which the toxin poses a risk referred to in paragraph (1)(a) or subparagraph (1)(b)(ii).

• Marginal note:Amendment to the registry — name

  (6) The Minister may amend the registry by modifying the name of a human pathogen or toxin listed in the registry.

• Marginal note:Accessibility of the registry

  (7) The Minister must make the registry accessible to the public by electronic means and by any other means that the Minister considers appropriate.

• Marginal note:Delegation

  (8) The Minister may, subject to any terms and conditions that they specify, delegate to an officer or employee of the Public Health Agency of Canada established under section 3 of the Public Health Agency of Canada Act, any of the powers that the Minister is authorized to exercise or any of the duties and functions that they are authorized to perform under subsections (1) to (7).

• Marginal note:Non-application

  (9) For greater certainty, section 5 of the Public Health Agency of Canada Act does not apply if the Minister delegates any of the powers they are authorized to exercise or any of the duties and functions that they are authorized to perform under subsection (8).

• Marginal note:Exemption from Statutory Instruments Act

  (10) The registry is exempt from sections 3, 5 and 11 of the Statutory Instruments Act.