Marginal note:Legal services

• 67. (1) Subject to subsection (2), the Attorney General of Canada must advise the Agency on all matters of law connected with the Agency and must have the regulation and conduct of all litigation for or against the Agency.

• Marginal note:Exception

  (2) The Agency may, with the approval of the Attorney General of Canada or the Governor in Council,

  • (a) appoint its own legal officers; or

  • (b) retain the services of legal counsel from outside the Department of Justice.

Marginal note:Services by Public Service Commission

68. If the Agency requests it to do so, the Public Service Commission may, as a service to the Agency, perform any activity that the Commission is authorized to carry out under the Public Service Employment Act, and the Commission may recover its costs in providing the service.

Marginal note:Legal proceedings

69. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by the Agency, whether in its own name or in the name of Her Majesty in right of Canada, may be brought or taken by or against the Agency in the name of the Agency.

Marginal note:Assertions against third parties

70. Unless a person who deals with the Agency or with any person who has acquired rights from it knows that the facts asserted are true, the Agency may not assert against the person that

• (a) this Act or the by-laws of the Agency have not been complied with;

• (b) a person held out by the Agency to be its Commissioner, a director or an employee has not been duly appointed or has no authority to exercise the powers and perform the duties that are usual for a person in that position; or

• (c) a document issued by the Commissioner, a director or an employee of the Agency having apparent authority to issue it is invalid because the person lacked actual authority to issue it.

Marginal note:Intellectual property

71. The Agency may license, sell or otherwise make available any patent, copyright, industrial design, trade-mark or other similar property right that it holds or develops.

Marginal note:Inventions

72. Notwithstanding section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an employee of the Agency and vested in Her Majesty by that Act and any patent issued with respect to the invention are vested in the Agency.

Marginal note:Definitions

73. The definitions in this section apply in this section and in sections 74 to 84.

“administration”

« gestion »

“administration” means the right to use, manage, construct, maintain or repair real property and immovables.

“Agency immovable”

« immeubles de l’Agence »

“Agency immovable” means an immovable under the administration of the Agency.

“Agency real property”

« biens réels de l’Agence »

“Agency real property” means real property under the administration of the Agency.

“immovable”

« immeuble »

“immovable” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

“licence”

« permis »

“licence” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.

“real property”

« biens réels »

“real property” has the same meaning as in section 2 of the Federal Real Property and Federal Immovables Act.