Patent Act (R.S.C., 1985, c. P-4)

Act current to 2016-01-25 and last amended on 2015-06-17. Previous Versions

Regulations

Marginal note:Regulations
  •  (1) Subject to subsection (2), the Governor in Council may make regulations

    • (a) specifying the information and documents that shall be provided to the Board under subsection 80(1) or (2) or 88(1);

    • (b) respecting the form and manner in which and times at which such information and documents shall be provided to the Board and imposing conditions respecting the provision of such information and documents;

    • (c) specifying a period for the purposes of subsection 80(2);

    • (d) specifying factors for the purposes of subsection 85(1) or (2), including factors relating to the introductory price of any medicine to which a patented invention pertains;

    • (e) designating a Minister for the purposes of subsection 86(2) or paragraph 87(2)(a);

    • (f) defining, for the purposes of sections 88 and 89, the expression research and development;

    • (g) requiring fees to be paid before the issue of any certificate referred to in subsection 98(4) and specifying those fees or the manner of determining those fees;

    • (h) requiring or authorizing the Board to perform such duties, in addition to those provided for in this Act, as are specified in the regulations, including duties to be performed by the Board in relation to the introductory price of any medicine to which a patented invention pertains; and

    • (i) conferring on the Board such powers, in addition to those provided for in this Act, as will, in the opinion of the Governor in Council, enable the Board to perform any duties required or authorized to be performed by it by any regulations made under paragraph (h).

  • Marginal note:Recommendation

    (2) No regulations may be made under paragraph (1)(d), (f), (h) or (i) except on the recommendation of the Minister, made after the Minister has consulted with the provincial ministers of the Crown responsible for health and with such representatives of consumer groups and representatives of the pharmaceutical industry as the Minister considers appropriate.

  • 1993, c. 2, s. 7.

Meetings with Minister

Marginal note:Meetings with Minister
  •  (1) The Minister may at any time convene a meeting of the following persons:

    • (a) the Chairperson and such members of the Board as the Chairperson may designate;

    • (b) the provincial ministers of the Crown responsible for health or such representatives as they may designate;

    • (c) such representatives of consumer groups and representatives of the pharmaceutical industry as the Minister may designate; and

    • (d) such other persons as the Minister considers appropriate.

  • Marginal note:Agenda

    (2) The participants at a meeting convened under subsection (1) shall consider such matters in relation to the administration or operation of sections 79 to 101 as the Minister may determine.

  • 1993, c. 2, s. 7.

Agreements with Provinces

Marginal note:Agreements with provinces

 The Minister may enter into agreements with any province respecting the distribution of, and may pay to that province out of the Consolidated Revenue Fund, amounts received or collected by the Receiver General under section 83 or 84 or in respect of an undertaking given by a patentee or former patentee that is accepted by the Board in lieu of holding a hearing or making an order under section 83, less any costs incurred in relation to the collection and distribution of those amounts.

  • 1993, c. 2, s. 7;
  • 1994, c. 26, s. 55(F);
  • 1999, c. 26, s. 50.
 
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