EXEMPTIONS

Marginal note:Non-application

37. Subsection 7(1) and section 8 do not apply to

• (a) an inspector or analyst carrying out their functions under this Act;

• (b) a peace officer carrying out their functions under any federal or provincial Act or a person providing assistance to that peace officer;

• (c) any person who, in the course of their employment, outside a facility in which controlled activities are authorized, collects a sample for the purpose of laboratory analysis or diagnostic testing; or

• (d) in exigent circumstances, any person carrying out their functions under any federal or provincial Act.

INFORMATION

Marginal note:Provision of information to Minister

• 38. (1) The Minister may order an applicant, a licence holder or a biological safety officer to provide the Minister, in accordance with any conditions that the Minister may specify, with any information that is under that person’s control, including personal information and confidential business information, and that the Minister believes, on reasonable grounds, is relevant to the administration of this Act or the regulations.

• Marginal note:Information

  (2) The information that is to be provided may include information regarding

  • (a) the human pathogens or toxins in the possession of the applicant, licence holder or biological safety officer;

  • (b) the persons having access to the human pathogens or toxins referred to in paragraph (a);

  • (c) the facility in which the controlled activities are authorized or in respect of which an application for a licence has been submitted; and

  • (d) the controlled activities that are authorized by a licence or in respect of which an application for a licence has been submitted.

• Marginal note:Obligation to provide information

  (3) An applicant, a licence holder or a biological safety officer shall provide the Minister with the information, in accordance with any conditions that the Minister may specify.

• Marginal note:Excluded information

  (4) Despite subsections (1) to (3), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

Marginal note:Disclosure by Minister

• 39. (1) The Minister may, without the consent of the person to whom the information relates, disclose personal information and confidential business information obtained under this Act to a person from whom the Minister seeks advice, to a department or agency of the government of Canada or a province, to a foreign government or to an international organization if

  • (a) the disclosure is necessary for the administration or enforcement of this Act or the regulations;

  • (b) the Minister has reasonable grounds to believe that the disclosure is necessary to address a serious and imminent danger to the health or safety of the public; or

  • (c) the disclosure is necessary to enable Canada to fulfil its international obligations.

• Marginal note:Adequate protection

  (2) Except in the circumstances described in paragraph (1)(b), before disclosing the information to any person other than Her Majesty in right of Canada or an agent of Her Majesty, the Minister must obtain the person’s written agreement that they will maintain the confidentiality of the information unless they are required by law to disclose it.

ADMINISTRATION AND ENFORCEMENT

Marginal note:Designation of inspectors

• 40. (1) The Minister may designate any individual, or class of individuals, as an inspector for the administration and enforcement of this Act and the regulations and may restrict in any manner that the Minister considers appropriate the powers that an inspector may exercise under this Act.

• Marginal note:Certificate to be produced

  (2) The Minister shall provide an inspector with a certificate of designation and, on entering any place or conveyance under subsection 41(1), the inspector shall produce the certificate to the person in charge of that place or conveyance if requested to do so.

Marginal note:Entry by inspectors

• 41. (1) Subject to section 42, an inspector may, for the purpose of verifying compliance or preventing non-compliance with this Act or the regulations, enter at any reasonable time any place or conveyance in which the inspector believes on reasonable grounds that an activity to which this Act or the regulations apply is conducted or that there is any material, equipment or document relevant to the administration of this Act or the regulations.

• Marginal note:Inspector’s powers

  (2) An inspector who enters a place or conveyance may, for the purpose referred to in subsection (1),

  • (a) examine the place — including any building — or conveyance and any material or equipment found there;

  • (b) require any person in the place or conveyance to produce, in the manner and form requested by the inspector, any material or equipment found there;

  • (c) seize and detain for any time that may be necessary any material, equipment or document found there, or any conveyance;

  • (d) open and examine any receptacle or package found there;

  • (e) take, or require any person in the place or conveyance to produce, free of charge, a sample of any material found there;

  • (f) direct the owner or the person having possession, care or control of any material, equipment or document found in the place or conveyance — or of the conveyance — to move it or, for any time that may be necessary, not to move it or to restrict its movement;

  • (g) conduct, or require any person in the place or conveyance to conduct, any test or analysis or take any measurement of any material or equipment found there;

  • (h) take photographs or make recordings or sketches;

  • (i) examine and make copies, in whole or in part, of any book, document or other record found there;

  • (j) require any person in the place or conveyance to produce any book, document or other record found there for examination or copying;

  • (k) use or cause to be used any computer system or other device found there to examine information that is contained in or available to the computer system or device;

  • (l) reproduce any information in the form of a printout or other intelligible output for examination or copying; and

  • (m) use or cause to be used any copying equipment.

• Marginal note:Conveyance

  (3) For the purpose of entering the conveyance, the inspector may order the owner or person having possession, care or control of the conveyance to stop it or move it to a place where the inspector can enter it.

• Marginal note:Excluded information

  (4) Despite subsection (2), the Minister of National Defence may refuse to disclose any information the disclosure of which could reasonably be expected to be injurious to the defence or security of Canada or of a state allied or associated with Canada.

• Marginal note:Assistance to inspector

  (5) The owner or person in charge of a place or conveyance that is entered by an inspector who is carrying out their functions and every person in that place or conveyance shall give the inspector all reasonable assistance and provide them with any information that they may reasonably require.

• Marginal note:Obstruction and false statements

  (6) No person shall knowingly obstruct or hinder, or make a false or misleading statement either orally or in writing to, an inspector who is carrying out their functions.

• Marginal note:Private property

  (7) An inspector who is carrying out their functions and any person accompanying the inspector may enter on and pass through or over private property, and they are not liable for doing so.

Marginal note:Warrant to enter dwelling-house

• 42. (1) An inspector may not enter a dwelling-house without the occupant’s consent, except under the authority of a warrant issued under subsection (2).

• Marginal note:Authority to issue warrant

  (2) On ex parte application, a justice of the peace may issue a warrant authorizing the inspector named in it to enter a dwelling-house, subject to any conditions that may be specified in the warrant, if the justice of the peace is satisfied by information on oath that

  • (a) the dwelling-house is a place referred to in subsection 41(1);

  • (b) entry to the dwelling-house is necessary for a purpose referred to in subsection 41(1); and

  • (c) entry to the dwelling-house has been refused or there are reasonable grounds for believing that entry will be refused.

• Marginal note:Use of force

  (3) In executing the warrant, the inspector named in it may not use force unless they are accompanied by a peace officer and the use of force is specifically authorized in the warrant.

• Marginal note:Telewarrant

  (4) If an inspector believes that it would not be practicable to appear personally to make an application for the warrant, a warrant may be issued by telephone or other means of telecommunication on application submitted by any one of those means. Section 487.1 of the Criminal Code applies for that purpose, with any necessary modifications.

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.