Prohibition of Obstruction of Inspectors

Obstruction of Inspectors: Prohibited Under the Human Pathogens and Toxins Act

Did you know that obstructing inspectors in the course of their duties is a direct violation of the Human Pathogens and Toxins Act and may result in enforcement actions?

What Is Considered “Obstruction”?

Under subsection 41(6) of the Human Pathogens and Toxins Act: 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 accompanying the inspector under subsection 41(1.1).

An inspector may be accompanied by any individual they believe is necessary to help them exercise their powers or perform their duties or functions.

Obstruction includes any action or omission that interferes with an inspector’s ability to perform their duties. This may involve:

• denying access to facilities or records
• delaying responses or withholding information
• providing misleading information or incomplete answers to questions
• engaging in disrespectful, discriminatory or harassing behaviours such as:
  • racist
  • ageist
  • sexist or
  • otherwise abusive language or conduct

Legal Duty to Assist

In addition to the obstruction prohibition, subsection 41(5) of the Human Pathogens and Toxins Act requires that the owner or person in charge of a place or conveyance that is entered by an inspector to carry out their functions, and every individual present there, must give the inspector, and any individual accompanying them under subsection 41(1.1), all reasonable assistance and provide them with any information they may reasonably require.

This means that inspectors must be actively supported by providing timely access to facilities, documentation, and accurate information as requested. Reasonable assistance may include:

• escorting the inspector through the facility
• providing requested documentation promptly
• ensuring relevant staff are available to answer questions

Why This Matters

Inspectors play a critical role in verifying compliance and preventing non-compliance with biosafety and biosecurity requirements. Obstruction not only undermines regulatory oversight, but may also compromise the health, safety, and security of the public.

Consequences of Obstruction

Making it difficult for an inspector to carry out their work can constitute an offence punishable under the Human Pathogens and Toxins Act. Failure to comply with subsections 41(5) and 41(6) of the Human Pathogens and Toxins Act may lead to a range of compliance and enforcement actions, including, but not limited to:

• notices of non-compliance
• suspension or revocation of licences
• prosecution and if convicted, a fine and/or imprisonment

These enforcement measures support the legal and operational responsibilities of regulated parties and help maintain safe practices in the handling of human pathogens and toxins across Canada.

How to Prepare

• train staff on inspection protocols and legal obligations
• maintain organized records and make them accessible
• designate knowledgeable personnel to accompany inspectors and respond to requests

Questions?

For support or clarification, contact the Centre for Biosecurity at biosafety.biosecurite@phac-aspc.gc.ca.