An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act (S.C. 2007, c. 26)
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Assented to 2007-06-22
An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act
S.C. 2007, c. 26
Assented to 2007-06-22
An Act to amend the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act
SUMMARY
This enactment amends the Geneva Conventions Act, An Act to incorporate the Canadian Red Cross Society and the Trade-marks Act to implement the Protocol set out in the schedule.
It also amends An Act to incorporate the Canadian Red Cross Society to provide the same protection for the Red Crescent emblem as that Act provides for the Red Cross emblem, and to add a short title to that Act.
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
R.S., c. G-3GENEVA CONVENTIONS ACT
1. Section 2 of the Geneva Conventions Act is amended by adding the following after subsection (2):
Marginal note:Protocol approved
(3) The Protocol additional to the Geneva Conventions of 12 August 1949, and relating to the adoption of an additional distinctive emblem, which Protocol is set out in Schedule VII, is approved.
2. Section 3 of the Act is amended by adding the following after subsection (1):
Marginal note:Third Protocol emblem
(1.1) For the purposes of subsection (1), the distinctive emblems mentioned in Article 85, paragraph 3(f) of Schedule V are deemed to include the third Protocol emblem, referred to in Article 2, paragraph 2 of Schedule VII.
3. The Act is amended by adding, after Schedule VI, the Schedule VII set out in the schedule to this Act.
1909, c. 68AN ACT TO INCORPORATE THE CANADIAN RED CROSS SOCIETY
Marginal note:1922, c. 13, s. 2
4. Section 4 of An Act to incorporate the Canadian Red Cross Society is replaced by the following:
Marginal note:Fraudulent representation
4. (1) No person shall fraudulently represent himself or herself to be a member or representative of, or agent for, the Society for the purposes of soliciting, collecting or receiving money or material.
Marginal note:Unlawful use of name, emblem, badge, etc.
(2) No person shall wear, use or display for the purposes of his or her trade or business, for the purpose of inducing the belief that he or she is a member or representative of, or agent for, the Society or for any other purposes whatsoever, without the Society’s written authorization, any of the following:
(a) the heraldic emblem of the Red Cross on a white ground, or the words “Red Cross” or “Geneva Cross”;
(b) the emblem of the Red Crescent on a white ground, referred to in Article 38 of Schedule I to the Geneva Conventions Act, or the words “Red Crescent”;
(c) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, or the words “Red Crystal”; or
(d) any other word, mark, device or thing likely to be mistaken for anything mentioned in paragraphs (a) to (c).
Marginal note:Penalty
(3) Every person who contravenes subsection (1) or (2) is guilty of an offence, and is liable on summary conviction to a fine of not less than $100 but not more than $500, or imprisonment for a term not exceeding one year, or both, for each offence, and any goods, wares or merchandise on which, or in connection with which, any of the emblems or words mentioned in paragraphs (2)(a) to (c) or any coloured imitation of them were used are liable to forfeiture to Her Majesty in right of Canada. The proceeds of the fine so collected shall be paid to the Society.
Marginal note:Exception
(4) No person contravenes subsection (2) by wearing, using or displaying the emblem or words referred to in paragraph (2)(b) or (c), or any other word, mark, device or thing likely to be mistaken for them, if the person has done so lawfully since before the coming into force of this subsection.
5. The Act is amended by adding the following after section 9:
Marginal note:Short title
10. This Act may be cited as the Canadian Red Cross Society Act.
R.S., c. T-13TRADE-MARKS ACT
6. Subsection 9(1) of the Trade-marks Act is amended by adding the following after paragraph (g):
(g.1) the third Protocol emblem — commonly known as the “Red Crystal” — referred to in Article 2, paragraph 2 of Schedule VII to the Geneva Conventions Act and composed of a red frame in the shape of a square on edge on a white ground, adopted for the same purpose as specified in paragraph (f);
COMING INTO FORCE
Marginal note:Order in council
7. The provisions of this Act come into force on a day or days to be fixed by order of the Governor in Council.
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