Human Pathogens and Toxins Act

Marginal note:Addition of items

• 10 (1) The Governor in Council may, by regulation, on the Minister’s recommendation,

  • (a) add a substance to Part 1 of the schedule if the Governor in Council is of the opinion that

    • (i) it is produced by, or derived from, a micro-organism and poses a moderate to high risk to

      • (A) the health of individuals, or

      • (B) the health, safety or security of the public due to a reasonable risk of intentional use as a biological weapon, and

    • (ii) all activities referred to in section 7 should be prohibited in relation to it; or

  • (b) add a micro-organism, nucleic acid or protein to Part 2 of the schedule if the Governor in Council is of the opinion that

    • (i) it is able to cause disease in a human, and

    • (ii) all activities referred to in section 7 should be prohibited in relation to it.

  • (c) [Repealed, 2026, c. 3, s. 407]

• Marginal note:Deletion of items

  (2) The Governor in Council may, by regulation, on the Minister’s recommendation, delete a substance, micro-organism, nucleic acid or protein from the schedule if the Governor in Council is of the opinion that it is in the public interest to allow one or more of the activities referred to in section 7 to be authorized in relation to that substance, micro-organism, nucleic acid or protein.

• Marginal note:Advisory Committee

  (3) The Minister shall consult an advisory committee established under subsection 14(1) of the Public Health Agency of Canada Act before making any recommendation under subsection (1) or (2).

• Marginal note:Publication

  (4) The advisory committee shall make available to the public the advice given to the Minister.