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This guidance document has been developed by the Public Health Agency of Canada’s Centre for Biosecurity to assist applicants and regulated parties in understanding the residency requirements when applying for, or holding, a Pathogen and Toxin Licence issued under section 18 of the Human Pathogens and Toxins Act.
Please note that the following requirements do not apply to applicants for, or holders of, a Pathogen and Toxin Licence that is issued only under section 160 of the Health of Animals Regulations by the Public Health Agency of Canada.
This document is not a substitute for the Act that is currently in effect. In the event of an inconsistency between this document and the Act, what is stated in the Act will prevail. You are advised to consult the applicable sections of the Human Pathogens and Toxins Act.
These requirements address a need to enhance oversight of controlled activities with human pathogens and toxins in Canada, and to facilitate compliance and enforcement activities. They ensure that key personnel associated with a Pathogens and Toxins Licence issued under the Human Pathogens and Toxins Act are ordinarily resident in Canada, and that the organizations are incorporated, formed or otherwise organized in Canada. Similar residency requirements exist in current Canadian federal legislation and align with established practices in other domains of health oversight (for example, Cannabis Act, Food and Drug Regulations).
The Pathogen and Toxin Licence application process stays otherwise the same and Pathogen and Toxin Licences may still be held or applied for by individuals or organizations.
You need to know that the residency requirements impact applicants for a Pathogen and Toxin Licence as well as existing Licence Holders, Licence Holder Representatives and Biological Safety Officers.
It means that organizations applying for, or holding, a Pathogen and Toxin Licence must be incorporated, formed or otherwise organized in Canada. These organizations must also designate a Licence Holder Representative [Human Pathogens and Toxins Act 36.1] (in addition to the existing requirement to designate a Biological Safety Officer [Human Pathogens and Toxins Act 36]), and both their designated Licence Holder Representative and Biological Safety Officer must be ordinarily resident in Canada [Human Pathogens and Toxins Act 18(1.1)(b)].
To obtain documentation which confirms that your organization is incorporated, formed or otherwise organized in Canada, you can consult your organization’s financial, accounting, legal, corporate services or human resources department.
If the applicant is an individual, they must still designate a Biological Safety Officer [Human Pathogens and Toxins Act 36], and both the applicant and the Biological Safety Officer must be ordinarily resident in Canada [Human Pathogens and Toxins Act 18(1.1)(a)].
For the purposes of the Human Pathogens and Toxins Act, an individual is considered ordinarily resident in Canada if they can establish they are regularly and customarily resident (apart from temporary or occasional absences) in a Canadian jurisdiction to which they have strong personal, economic and social ties. Such ties are to be maintained throughout the entire period that they exercise their duties and functions associated with a Pathogen and Toxin Licence issued by the Public Health Agency of Canada. The individual does not have to be a Canadian citizen or a permanent resident to meet this requirement.
To provide further targeted guidance, the following are some possible situations that applicants or existing regulated parties may find themselves in as of the day the amended Human Pathogens and Toxins Act comes into force.
You plan to apply for a Pathogen and Toxin Licence for the first time but haven’t submitted an application. Consult the Pathogen and Toxin Licence application process to learn more about how to apply for a Pathogen and Toxin Licence.
Once the Pathogen and Toxin Licence application has been submitted, the Licensing group will contact the applicant or the Licence Holder Representative by email – in a timely manner – to obtain applicable additional information and attestations.
Be aware that once a Pathogen and Toxin Licence has been granted, at any time during the validity period of a Pathogen and Toxin Licence (for example during a virtual or on-site inspection, or upon request) residency compliance of the Licence Holder (individual), the Licence Holder Representative and the Biological Safety Officer can be verified. This means that, upon request, you will need to provide proof or documentation of being ordinarily resident in Canada.
You have submitted one of the following, and it is in progress at the time the amended Act comes into force and are waiting for a response regarding:
Any of these situations will be subject to the new residency requirements and reviewed to ensure compliance. The Licensing group will contact you by email – in a timely manner - to obtain applicable additional information and attestations.
An attestation will be requested from both the applicant and designated Biological Safety Officer confirming they are ordinarily resident in Canada.
Be aware that once a Pathogen and Toxin Licence has been granted, at any time during the validity period of a Pathogen and Toxin Licence (such as during a virtual or on-site inspection, or upon request) residency compliance of the Licence Holder (individual), the Licence Holder Representative and the Biological Safety Officer can be verified. This means that, upon request, you will need to provide proof or documentation of being ordinarily resident in Canada.
You have a valid Pathogen and Toxin Licence that does not expire within 30 days after the day the amended Human Pathogens and Toxins Act comes into force, but:
The Licence Holder, the Licence Holder Representative and Biological Safety Officer associated with a Pathogen and Toxin Licence that is not expiring within 30 days after the day the amended Human Pathogens and Toxins Act comes into force are not required to demonstrate the residency requirements until an application for a new licence, licence renewal or variation is submitted, or a request is made from the Centre for Biosecurity.
However, it is important to ensure that the Licence Holder, the designated Licence Holder Representative and Biological Safety Officer meet the residency requirements at all times. Otherwise, failure to comply with the requirements may result in the suspension or revocation of an active Pathogen and Toxins Licence [Human Pathogens and Toxins Act 20(1)] or the refusal to issue or renew a Pathogen and Toxin Licence [Human Pathogens and Toxins Act 18(1.1)].
Be aware that once a Pathogen and Toxin Licence has been granted, at any time during the validity period of a Pathogen and Toxin Licence (for example, during a virtual or on-site inspection, or upon request) residency compliance of the Licence Holder (individual), the Licence Holder Representative and the Biological Safety Officer can be verified. This means that, upon request, you will need to provide proof or documentation of being ordinarily resident in Canada.
Your Pathogen and Toxin Licence will expire within 30 days after the day the amended Human Pathogens and Toxins Act comes into force and does not meet the residency requirements.
If your Pathogen and Toxin Licence is set to expire within 30 days after the day the amended Human Pathogens and Toxins Act comes into force and you believe that you or your organization does not meet the requirements, please contact the Licensing group as soon as possible.
In such a circumstance, the validity period of your Pathogen and Toxin Licence may be extended for up to 60 days starting from the date the amended Human Pathogens and Toxins Act comes into force. The transitional provision 56 of the amended Human Pathogens and Toxins Act is intended to provide that specific group of Licence Holders additional time to meet the residency requirements introduced by the amended Human Pathogens and Toxins Act. Afterward, it will be mandatory to comply with the residency requirements at all times. Otherwise, failure to comply with the requirements may result in the suspension or revocation of an active Pathogen and Toxin Licence [Human Pathogens and Toxins Act 20(1)] or the refusal to issue or renew a Pathogen and Toxin Licence [Human Pathogens and Toxins Act 18(1.1)].
This temporary measure will no longer apply starting on the 31st day after the amended Human Pathogens and Toxins Act comes into force.
If you need more information, please contact the Public Health Agency of Canada by phone at 613-957-1779 or by email at licence.permis@phac-aspc.gc.ca.