Changes to Offence and Punishment Provisions

On March 26, 2026, amendments to the Human Pathogens and Toxins Act came into effect. Updates to the offence and punishment provisions were included to strengthen the Act’s compliance and enforcement framework. In response to an evolving threat landscape, the amendments modernize enforcement authorities and align the Human Pathogens and Toxins Act with comparable federal legislation. The Public Health Agency of Canada’s Centre for Biosecurity has prepared this summary to support understanding of the key changes to these provisions. This summary is provided for convenience only; the Act itself remains the sole authoritative source of the applicable law.

The following amendments came into effect March 26, 2026

  1. Removal of offence distinctions
  2. General offences
  3. Duty to take reasonable precautions (breaches of section 6)
  4. Section 56 was repealed
  5. Contravention of section 8 - knowingly
  6. Contravention of section 8
  7. Intentional release offences

1.Removal of offence distinctions

The differentiation between first and subsequent offences has been removed (as previously found in paragraphs 53(a) and (b); 56(a) and (b); 57(2)(a) and (b)).

2.General offences

  • paragraph 53(a): For a contravention involving a Risk Group 2 human pathogen on summary conviction, the maximum fine is $250,000 and the maximum imprisonment term is increased to 6 months.
  • All other cases:
    • Subparagraph 53(b)(i): Conviction on indictment—maximum fine of $1,000,000 and/or up to 5 years imprisonment.
    • Subparagraph 53(b)(ii): Summary conviction, maximum fine of $500,000 and/or up to 18 months imprisonment.

3.Duty to take reasonable precautions (breaches of section 6)

  • General breach (section 54): imprisonment term to maximum of 5 years.
  • Wanton or reckless breach (section 55): imprisonment term to maximum of 10 years.

4.Section 56 was repealed

Contraventions of subsections 7(1) and 18(7) involving a Risk Group 3 or 4 human pathogen or a toxin will continue to constitute offences under the Act. However, the applicable penalties will now fall under amended paragraph 53(b). (For the new section 56, see item #8 below.)

5.Contravention of section 8 - knowingly:

  • Subsection 57(1)): This offence requires proof of knowledge (mens rea) and carries penalties of up to $5,000,000 in fines and/or up to 14 years imprisonment.
  • Other breaches of section 8 that do not require this type of mental element are addressed separately under different provisions, with distinct penalty structures.

6.Contravention of section 8:

  • Conviction on indictment (paragraph 57(2)(a)): maximum fine of $1,000,000 and/or up to 5 years imprisonment.
  • Summary conviction (paragraph 57(2)(b)): maximum fine of $500,000 and/or up to 18 months imprisonment.

7.Intentional Release Offences:

  • paragraph 58(a) if the result causes or is likely to cause death to any individual: the penalty is up to life imprisonment.
  • paragraph 58(b) if the result creates a risk to the health, safety or security of the public:  penalty increased to a maximum of 14 years imprisonment.

Delayed Coming Into Force

8.New section 56 - Communicating sensitive information

New indictable offence: Knowingly communicating sensitive information (as prescribed by regulation) without lawful authority to a foreign entity or terrorist group; the penalty is up to life imprisonment. While the penalty aligns with section 16 of the Foreign Interference and Security of Information Act, the underlying provisions are distinct in scope and application. Note: This section will require new regulations respecting “sensitive information” in order to operate.