Budget 2025 Implementation Act, No. 1 (S.C. 2026, c. 3)
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Assented to 2026-03-26
PART 5Various Measures (continued)
DIVISION 252009, c. 24Human Pathogens and Toxins Act (continued)
Amendments to the Act (continued)
417 (1) Subsection 20(1) of the Act is replaced by the following:
Marginal note:Suspension or revocation
20 (1) The Minister may suspend or revoke a licence in any of the following situations:
(a) the Minister is of the opinion that a controlled activity authorized by the licence is conducted in a manner that is contrary to this Act or the regulations or poses an undue risk to the health, safety or security of the public;
(b) a licence holder who is an individual or the biological safety officer designated for the licence is not ordinarily resident in Canada; or
(c) a licence holder that is an organization is incorporated, formed or otherwise organized outside Canada or that its representative or the biological safety officer designated for the licence is not ordinarily resident in Canada.
(2) Subsection 20(3) of the Act is replaced by the following:
Marginal note:Measures specified by Minister
(3) If the Minister suspends or revokes a licence, the Minister may specify in writing any measures to be taken to protect the health, safety and security of the public that the suspension or revocation may necessitate.
418 Subsection 22(1) of the Act is replaced by the following:
Marginal note:Serious and imminent danger
22 (1) If the Minister is of the opinion that there is a serious and imminent danger to the health, safety or security of the public, the Minister must notify the licence holder orally of the decision to suspend or revoke their licence.
419 Subsection 23(3) of the English version of the Act is replaced by the following:
Marginal note:Measures specified by Minister
(3) When a request for a review is made, the Minister may specify in writing any measures to be taken to protect the health, safety and security of the public pending the Minister’s final decision.
420 Section 31 of the Act is replaced by the following:
Marginal note:List of authorized persons
31 A licence holder must establish and maintain a list of all persons authorized by the licence holder to access the facility — including remote access by a means of telecommunication — to which the licence applies, including persons holding a security clearance for that facility and visitors. The licence holder must provide the Minister with that list if requested to do so.
421 Section 33 of the Act is replaced by the following
Marginal note:Access to facilities — security clearance
33 An individual must not enter — to conduct controlled activities — the part of a facility in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation unless they hold a security clearance for that part of the facility.
Marginal note:Access — compliance with regulations
33.1 (1) Except in accordance with the regulations, any individual who does not conduct controlled activities authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation is prohibited from
(a) entering a facility in which controlled activities are authorized in relation to those human pathogens or toxins;
(b) remotely accessing that facility by a means of telecommunication; or
(c) accessing by any means, sensitive information, as defined by regulation, in relation to those human pathogens or toxins.
Marginal note:Non-application
(2) Paragraphs (1)(a) and (b) do not apply to an individual who holds a security clearance referred to in section 33 that authorizes entry to part of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation.
Marginal note:Restriction
(3) Moreover, if an individual holds a security clearance that does not authorize them to enter certain parts of a facility referred to in paragraph (1)(a) in which controlled activities are authorized in relation to human pathogens that fall into Risk Group 3 or Risk Group 4 and are prescribed by regulation or in relation to toxins prescribed by regulation, the individual may enter those parts or remotely access them by a means of telecommunication only if they do so in accordance with the regulations.
422 The Act is amended by adding the following after section 35:
Marginal note:Minister’s power — individual
35.1 (1) Despite sections 33 and 33.1, the Minister may, on any conditions that they consider appropriate, exempt any individual from the requirement to hold a security clearance under section 33 or to comply with the regulations referred to in section 33.1 if the Minister is of the opinion that the exemption
(a) poses no undue risk to the health, safety or security of the public; and
(b) is warranted by reason of exigent circumstances related to the health, safety or security of the public.
Marginal note:Duration of order
(2) An exemption ceases to have effect on the earliest of the following days:
(a) the day that is specified by the Minister in the exemption;
(b) the day on which the Minister revokes the exemption; or
(c) the day that is one year after the day on which the exemption takes effect.
Marginal note:Report and review by committee
(3) Within 30 days of exercising the power to exempt under subsection (1), the Minister must cause a report of the exercise, including the Minister’s reasons for granting the exemption, to be referred for review to the standing committee of each House of Parliament that normally considers matters related to national security.
423 Section 36 of the Act is replaced by the following:
Marginal note:Designation
36 (1) An applicant must, before a licence may be issued, designate as a biological safety officer for the requested licence, an individual who must have the qualifications set out in the regulations. The individual designated may also be the applicant.
Marginal note:Effective date
(2) 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, duties and functions
(3) The biological safety officer must exercise the powers and perform the duties and functions set out in the regulations.
Marginal note:Designation — effect
(4) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act.
Marginal note:Replacement
(5) If an individual ceases to act as a biological safety officer, the licence holder must, without delay, designate another individual and inform the Minister of the new designation.
Licence Holder Representative
Marginal note:Designation
36.1 (1) An applicant that is an organization must, before a licence may be issued, designate an individual as its representative for the requested licence.
Marginal note:Powers, duties and functions
(2) The representative is the point of contact for any matters in relation to the licence and may exercise any of the licence holder’s powers and perform any of their duties and functions under this Act or that are prescribed by regulations, if any.
Marginal note:Designation — effect
(3) A designation does not have the effect of limiting the obligations of the licence holder or any other person under this Act.
Marginal note:Replacement
(4) If an individual ceases to act as a representative, the licence holder must, without delay, designate another individual and inform the Minister of the new designation.
424 Subsection 38(2) of the Act is replaced by the following:
Marginal note:Information
(2) The information that is to be provided may include information
(a) regarding the human pathogens or toxins in the possession of the applicant, licence holder or biological safety officer;
(b) regarding the persons having access to the human pathogens or toxins referred to in paragraph (a);
(c) regarding the facility in which the controlled activities are authorized or in respect of which an application for a licence has been submitted;
(d) regarding the controlled activities that are authorized by a licence or in respect of which an application for a licence has been submitted;
(e) that is necessary to enable Canada to fulfil its international obligations; and
(f) that is necessary to enable Canada to submit Confidence-Building Measures in connection with the Biological and Toxin Weapons Convention.
425 (1) Paragraph 39(1)(b) of the English version of the Act is replaced by the following:
(b) the Minister has reasonable grounds to believe that the disclosure is necessary to address a serious and imminent danger to the health, safety or security of the public;
(2) Subsection 39(1) of the Act is amended by adding “or” at the end of paragraph (c) and by adding the following after that paragraph:
(d) the disclosure is necessary to enable Canada to submit Confidence-Building Measures in connection with the Biological and Toxin Weapons Convention.
(3) Subsection 39(2) of the Act is replaced by the following:
Marginal note:Maintain confidentiality of information
(2) Except in the circumstances described in paragraph (1)(b) or (d), before disclosing the information to any person other than His Majesty in right of Canada or an agent of His 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.
426 The Act is amended by adding the following after section 40:
Marginal note:Definition of document
40.1 In sections 40.2 and 41, document includes any report, book and electronic data and any other thing containing information.
Marginal note:Provision of documents, information or material
40.2 (1) An inspector may, for a purpose related to verifying compliance or preventing non-compliance with any provision of this Act or the regulations, order a person to provide, in the manner specified by the inspector, any document, information or material specified by the inspector.
Marginal note:Duty to provide
(2) A person who is ordered by an inspector to provide a document, information or material must do so in the manner specified by the inspector.
427 (1) Subsection 41(1) of the Act is replaced by the following:
Marginal note:Entry by inspector
41 (1) Subject to section 42, an inspector may, for the purpose of verifying compliance or preventing non-compliance with any provision of this Act or the regulations, enter at any reasonable time any place or conveyance in which the inspector believes on reasonable grounds that
(a) an activity to which this Act or the regulations applies is conducted;
(b) any material, equipment or document relevant to the administration of this Act or the regulations is located; or
(c) an activity could be conducted under a licence for which an application is under consideration by the Minister.
Marginal note:Individual accompanying inspector
(1.1) An inspector may be accompanied by any individual who the inspector believes is necessary to help them exercise their powers or perform their duties or functions under this section.
(2) Paragraphs 41(2)(i) to (m) of the Act are replaced by the following:
(i) use or cause to be used any computer system, as defined in subsection 342.1(2) of the Criminal Code, or any means of telecommunication found there to examine electronic data that is contained in or available to the computer system or means of telecommunication;
(j) require any person in the place or conveyance to produce any document found there for examination or reproduction; and
(k) examine, reproduce or cause to be reproduced, in whole or in part, any document found there and remove any reproductions.
(3) Section 41 of the Act is amended by adding the following after subsection (2):
Marginal note:Remote access
(2.1) For the purposes of subsection (1), an inspector is considered to have entered a place or conveyance when they remotely access it by a means of telecommunication.
Marginal note:Limitation — remote access
(2.2) An inspector who enters — by remote access by a means of telecommunication — a place or conveyance that is not accessible to the public must do so with the knowledge of the owner or person in charge of the place or conveyance and only for the period necessary for the purpose referred to in subsection (1).
(4) Subsection 41(3) of the French version of the Act is replaced by the following:
Marginal note:Moyens de transport
(3) L’inspecteur peut ordonner au propriétaire du véhicule qu’il entend visiter ou à la personne qui en a la possession, la responsabilité ou la charge de l’immobiliser ou de le conduire en tout lieu où il peut effectuer la visite.
(5) Section 41 of the Act is amended by adding the following after subsection (3):
Marginal note:Duty to comply
(3.1) An owner or person who, under subsection (3), is ordered to stop or move a conveyance, must stop or move it.
(6) Subsections 41(5) to (7) of the Act are replaced by the following:
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 individual in that place or conveyance must give the inspector and any individual referred to in subsection (1.1) all reasonable assistance and provide them with any information that the inspector may reasonably require.
Marginal note:Prohibition — obstruction and false statements
(6) A person must not 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 or to any individual referred to in subsection (1.1).
Marginal note:Entering private property
(7) An inspector who is carrying out their functions and any individual referred to in subsection (1.1) accompanying the inspector may enter on and pass through or over private property, and they are not liable for doing so.
428 Subsections 43(1) to (3) of the Act are replaced by the following:
Marginal note:Measures
43 (1) If an inspector has reasonable grounds to believe that a licence holder or any person in a place or conveyance where controlled activities are taking place is not compliant or is not likely to comply with one or more provisions of this Act or the regulations, the inspector may order the licence holder or person to carry out any measure that the inspector considers necessary to remedy or prevent the non-compliance.
Marginal note:Obligation
(2) A licence holder or person who is ordered by an inspector to carry out such a measure must comply with the order and, in doing so, does not contravene this Act or the regulations.
Marginal note:Withdrawal of order
(3) An inspector who orders a measure to be carried out must withdraw the order if they no longer have reasonable grounds to believe that the licence holder or person is not compliant or not likely to comply with this Act or the regulations.
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