Marginal note:Liste : exportation contrôlée

• 3 (1) Le gouverneur en conseil peut dresser une liste des marchandises et des technologies dont, à son avis, il est nécessaire de contrôler l’exportation ou le transfert à l’une ou plusieurs des fins suivantes :

Marginal note:Addition to Export Control List or Import Control List — Schedule 2

• 5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1, the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.

• Marginal note:Addition to Import Control List — Schedule 3

  (2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing an intergovernmental arrangement set out column 1 of Schedule 3, it is advisable to collect information with respect to the importation of any goods listed in the provisions of that arrangement set out in column 2, the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

Import or Export Access

Marginal note:Export permits — allocation

8.31 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to

• (a) the export allocation; and

• (b) the person’s compliance with any regulations made under section 12.

Marginal note:Minister may issue certificate — Schedule 4

9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1  — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.

• (s) respecting the implementation, in relation to any food, drug, cosmetic or device, of international agreements that affect them; and

• (t) prescribing anything that by this Act is to be prescribed.

Marginal note:Conditions under which exports exempt

• 37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

  • (a) it is manufactured or prepared in Canada;

  • (b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;

  • (c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and

  • (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.

• Marginal note:Exception — Act

  (1.1) Despite subsection (1),

  • (a) section 4, subsection 5(1) and section 7 apply to any food;

  • (b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;

  • (c) sections 16 and 18 apply to any cosmetic; and

  • (d) section 19 and subsection 20(1) apply to any device.

• Marginal note:Exception — regulations

  (1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device continues to apply to any packaged food, drug, cosmetic or device.

• Marginal note:Exception — General Council Decision

  (2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.

EU country or other CETA beneficiary

EU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

• (f.1) the importation of bulk spirits into a province from a country or territory listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

Marginal note:Officers of Patent Office not to deal in patents, etc.

• 7 (1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent, right to a patent, certificate of supplementary protection or right to such a certificate, or any interest in any of them, and every purchase, sale, acquisition or transfer of any of them, or of any interest in any of them, made by or to such an officer or employee is void or, in Quebec, null.

Marginal note:Annual report

26 The Commissioner shall, in each year, cause to be prepared and laid before each House of Parliament a report of the Commissioner’s activities under this Act.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting the infringement of any patent that, directly or indirectly, could result or results from the making, construction, use or sale of a patented invention in accordance with subsection (1), including regulations

  • (a) respecting the conditions that must be fulfilled before a document — including a notice, certificate or permit — concerning any product to which a patent may relate may be issued to any person under any Act of Parliament that regulates the manufacture, construction, use or sale of that product, in addition to any conditions provided for by or under that Act;

  • (b) respecting the earliest day on which such a document may be issued to a person and the earliest day on which it may take effect, and respecting the manner in which each day is to be determined;

  • (c) respecting the issuance, suspension or revocation of such a document in circumstances where, directly or indirectly, the document’s issuance could result or results in the infringement of a patent;

  • (d) respecting the prevention and resolution of disputes with respect to the day on which such a document may be issued or take effect;

  • (e) respecting the prevention and resolution of disputes with respect to the infringement of a patent that could result directly or indirectly from the manufacture, construction, use or sale of a product referred to in paragraph (a);

  • (f) respecting the resolution of disputes with respect to the infringement of a patent that results directly or indirectly from the manufacture, construction, use or sale of such a product;

  • (g) conferring rights of action with respect to disputes referred to in any of paragraphs (d) to (f);

  • (h) restricting or excluding the application of other rights of action under this Act or another Act of Parliament to disputes referred to in any of paragraphs (d) to (f);

  • (i) designating the court of competent jurisdiction in which a proceeding with respect to rights of action referred to in paragraph (g) is to be heard;

  • (j) respecting such proceedings, including the procedure of the court in the matter, the defences that may be pleaded, the remedies that may be sought, the joinder of parties and of rights of action and the consolidation of other proceedings, the decisions and orders the court may make and any appeals from those decisions and orders; and

  • (k) specifying who may be an interested person for the purposes of subsection 60(1) with respect to disputes referred to in paragraph (e).

Marginal note:Judgment voiding patent

62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.

• Marginal note:Service

  (2) The Commissioner shall consider the matters alleged in the application and declarations referred to in subsection (1) and, if satisfied that the applicant has a bona fide interest and that a case for relief has been made, the Commissioner shall direct the applicant to serve copies of the application and declarations on the patentee and on any other persons appearing from the records of the Patent Office to be interested in the patent, and the applicant shall advertise the application both

  • (a) in the Canada Gazette; and

  • (b) on the website of the Canadian Intellectual Property Office or in any other prescribed location.

Marginal note:Offences

• 75 (1) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who

  • (a) without the consent of the patentee, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing;

  • (b) without the consent of the patentee, marks in any way on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words with a similar meaning, with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the patentee’s consent; or

  • (c) with intent to deceive the public, offers for sale as patented in Canada any article that is neither patented in Canada nor protected by a certificate of supplementary protection in Canada.

• Marginal note:Certificate of supplementary protection

  (2) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who

  • (a) during the term of a certificate of supplementary protection, without the consent of the certificate’s holder, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the holder of a certificate of supplementary protection, the name or any imitation of the name of any holder of a certificate of supplementary protection for the sole making or selling of that thing;

  • (b) after a certificate of supplementary protection has been issued and before the end of its term, without the consent of the certificate’s holder, marks in any way on anything not purchased from that holder the words “Certificate of Supplementary Protection”, “Protected by a Certificate of Supplementary Protection” or any words with a similar meaning, with the intent of counterfeiting or imitating that holder’s stamp, mark or device, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with that holder’s consent; or

  • (c) with the intent to deceive the public, offers for sale as protected by a certificate of supplementary protection in Canada any article that

    • (i) is neither patented in Canada nor protected by a certificate of supplementary protection in Canada, or

    • (ii) is patented in Canada but for which no certificate of supplementary protection has been issued.

Marginal note:Time limit deemed extended

• 78 (1) If any time limit or period of limitation specified under this Act, in respect of any business before the Patent Office, expires on a day when the Patent Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when the Patent Office is open for business.

Patented or Protected Medicines

Marginal note:Order re excessive prices

• 83 (1) If the Board finds that a rights holder for an invention pertaining to a medicine is selling the medicine in any market in Canada at a price that, in the Board’s opinion, is excessive, the Board may, by order, direct the rights holder to cause the maximum price at which the rights holder sells the medicine in that market to be reduced to the level that the Board considers not to be excessive and that is specified in the order.

• Marginal note:Order re excessive prices

  (2) Subject to subsection (4), if the Board finds that a rights holder for an invention pertaining to a medicine has, while a rights holder, sold the medicine in any market in Canada at a price that, in the Board’s opinion, was excessive, the Board may, by order, direct the rights holder to do any one or more of the following things that will, in the Board’s opinion, offset the amount of the excess revenues estimated by it to have been derived by the rights holder from the sale of the medicine at an excessive price:

  • (a) reduce the price at which the rights holder sells the medicine in any market in Canada, to the extent and for the period that are specified in the order;

  • (b) to the extent and for the period that are specified in the order, reduce the price at which the rights holder sells, in any market in Canada, any other medicine to which a patented invention, or invention protected by a certificate of supplementary protection, of the rights holder pertains;

  • (c) pay to Her Majesty in right of Canada an amount that is specified in the order.

• Marginal note:Order re excessive prices

  (3) Subject to subsection (4), if the Board finds that a former rights holder for an invention pertaining to a medicine had, while a rights holder, sold the medicine in any market in Canada at a price that, in the Board’s opinion, was excessive, the Board may, by order, direct the former rights holder to do any one or more of the following things that will, in the Board’s opinion, offset the amount of the excess revenues estimated by it to have been derived by the former rights holder from the sale of the medicine at an excessive price:

  • (a) to the extent and for the period that are specified in the order, reduce the price at which the former rights holder sells, in any market in Canada, a medicine to which a patented invention, or invention protected by a certificate of supplementary protection, of the former rights holder pertains; or

  • (b) pay to Her Majesty in right of Canada an amount that is specified in the order.

• Marginal note:If policy to sell at excessive price

  (4) If the Board, having regard to the extent and duration of the sales of the medicine at an excessive price, is of the opinion that the rights holder or former rights holder has engaged in a policy of selling the medicine at an excessive price, the Board may, by order, in lieu of any order it may make under subsection (2) or (3), as the case may be, direct the rights holder or former rights holder to do any one or more of the things referred to in that subsection that will, in the Board’s opinion, offset not more than twice the amount of the excess revenues estimated by it to have been derived by the rights holder or former rights holder from the sale of the medicine at an excessive price.

• Marginal note:Excess revenues

  (5) In estimating the amount of excess revenues under subsection (2), (3) or (4), the Board shall not consider any revenues derived by a rights holder or former rights holder before December 20, 1991 or any revenues derived by a former rights holder after they ceased to be entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate.

• Marginal note:Right to hearing

  (6) Before the Board makes an order under this section, it shall provide the rights holder or former rights holder with a reasonable opportunity to be heard.

• Marginal note:Limitation period

  (7) No order may be made under this section in respect of a former rights holder who, more than three years before the day on which the proceedings in the matter commenced, ceased to be entitled to the benefit of the patent or certificate of supplementary protection, as the case may be, or to exercise any rights in relation to the patent or certificate.

• Marginal note:Research costs

  (3) In determining under section 83 whether a medicine is being or has been sold in any market in Canada at an excessive price, the Board shall not take into consideration research costs other than the Canadian portion of the world costs related to the research that led to the invention pertaining to that medicine or to the development and commercialization of that invention, calculated in proportion to the ratio of sales by the rights holder in Canada of that medicine to total world sales.

Marginal note:Sales and expense information, etc., to be provided

• 88 (1) A rights holder for an invention pertaining to a medicine shall, as required by and in accordance with the regulations, or as the Board may, by order, require, provide the Board with the information and documents that the regulations or the order may specify respecting

  • (a) the identity of the licensees in Canada of the rights holder;

  • (b) the revenue of the rights holder, and details of the source of the revenue, whether direct or indirect, from sales of medicine in Canada; and

  • (c) the expenditures made by the rights holder in Canada on research and development relating to medicine.

• Marginal note:Additional information

  (2) If the Board believes on reasonable grounds that any person has information or documents pertaining to the value of sales of medicine in Canada by a rights holder or the expenditures made by a rights holder in Canada on research and development relating to medicine, the Board may, by order, require the person to provide the Board with any of the information or documents that are specified in the order, or with copies of them.

• Marginal note:Guidelines

  (4) Subject to subsection (5), the Board may issue guidelines with respect to any matter within its jurisdiction but such guidelines are not binding on the Board or any rights holder or former rights holder.

• Marginal note:Contents

  (2) The report shall contain

  • (a) a summary of pricing trends in the pharmaceutical industry; and

  • (b) the name of each rights holder and former rights holder in respect of whom an order was made under subsection 81(1) or 82(2) or section 83 during the year and a statement as to the status of the matter in respect of which the order was made.

• Marginal note:Report summary

  (3) The summary referred to in paragraph (2)(a) may be based on information and documents provided to the Board by any rights holder or former rights holder under section 80, 81 or 82 or in any proceeding under section 83, but shall not be set out in a manner that would make it possible to identify that rights holder or former rights holder.

Marginal note:Agreements with provinces

103 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 rights holder or former rights holder 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.

Supplementary Protection for Inventions — Medicinal Ingredients

Interpretation

Marginal note:Definitions

104 The following definitions apply in this section and in sections 105 to 134.

authorization for sale

authorization for sale has the meaning assigned by regulations. (autorisation de mise en marché)

drug

drug means a substance or a mixture of substances manufactured, sold or represented for use in

• (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals; or

• (b) restoring, correcting or modifying organic functions in human beings or animals. (drogue)

Minister

Minister means the Minister of Health. (ministre)

Marginal note:Interpretation

• 105 (1) For the purposes of this section and sections 106 to 134, if a patent is reissued under section 47, it is deemed to have been granted on the day on which the original patent was granted and its application filing date is deemed to be the day on which the application for the original patent was filed.

• Marginal note:Human and veterinary uses

  (2) For the purposes of this section and sections 106 to 134, a medicinal ingredient or combination of medicinal ingredients contained in a drug authorized for human use and a medicinal ingredient or combination of medicinal ingredients contained in a drug authorized for veterinary use are to be treated as different medicinal ingredients or different combinations of medicinal ingredients, as the case may be.

• Marginal note:Same medicinal ingredient — human use

  (3) If medicinal ingredients contained in drugs authorized for human use differ from each other only with respect to a prescribed variation, they are to be treated as the same medicinal ingredient for the purposes of this section and sections 106 to 134.

• Marginal note:Same medicinal ingredient — veterinary use

  (4) If medicinal ingredients contained in drugs authorized for veterinary use differ from each other only with respect to a prescribed variation, they are to be treated as the same medicinal ingredient for the purposes of this section and sections 106 to 134.

• Marginal note:Same combination — human use

  (5) If combinations of medicinal ingredients contained in drugs authorized for human use differ from each other only with respect to a variation in the ratio between those ingredients, they are to be treated as the same combination of medicinal ingredients for the purposes of this section and sections 106 to 134.

• Marginal note:Same combination — veterinary use

  (6) If combinations of medicinal ingredients contained in drugs authorized for veterinary use differ from each other only with respect to a variation in the ratio between those ingredients, they are to be treated as the same combination of medicinal ingredients for the purposes of this section and sections 106 to 134.

Application for Certificate of Supplementary Protection

Marginal note:Application

• 106 (1) On the payment of the prescribed fee, a patentee may apply to the Minister for a certificate of supplementary protection for a patented invention if all of the following conditions are met:

  • (a) the patent is not void and it meets any prescribed requirements;

  • (b) the filing date for the application for the patent is on or after October 1, 1989;

  • (c) the patent pertains in the prescribed manner to a medicinal ingredient, or combination of medicinal ingredients, contained in a drug for which an authorization for sale of the prescribed kind was issued on or after the day on which this section comes into force;

  • (d) the authorization for sale is the first authorization for sale that has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

  • (e) no other certificate of supplementary protection has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

  • (f) if an application for a marketing approval, equivalent to an authorization for sale, was submitted in a prescribed country with respect to the medicinal ingredient or combination of medicinal ingredients, as the case may be, before the application for the authorization for sale was filed with the Minister, the application for the authorization for sale was filed before the end of the prescribed period that begins on the day on which the first such application for a marketing approval was submitted.

• Marginal note:Issuance — paragraph (1)(e)

  (2) Another certificate of supplementary protection is considered to have been issued for the purposes of paragraph (1)(e) even if that other certificate is subsequently held to be invalid or void or it never takes effect or ceases to have effect.

• Marginal note:When application to be filed

  (3) An application for a certificate of supplementary protection shall be filed with the Minister before the end of the prescribed period that begins on

  • (a) the day on which the authorization for sale is issued, if the patent is granted on or before that day; or

  • (b) the day on which the patent is granted, if the patent is granted after the day on which the authorization for sale is issued.

• Marginal note:Exception

  (4) Despite subsection (3), no application shall be filed within the prescribed period preceding the expiry of the term of the patent under section 44 without taking into account section 46.

• Marginal note:Contents of application

  (5) An application for a certificate of supplementary protection shall

  • (a) set out the number, as recorded in the Patent Office, of the patent — as well as the medicinal ingredient or combination of medicinal ingredients and the number of the authorization for sale — in relation to which the certificate is sought;

  • (b) if paragraph (1)(f) applies with respect to the application, specify the day on which the first application for a marketing approval that is equivalent to an authorization for sale was made and the country in which that application was made; and

  • (c) set out any prescribed information.

• Marginal note:One patent per application

  (6) Each application is permitted to set out only one patent.

Marginal note:Information to be provided

• 107 (1) An applicant shall provide the Minister with any additional information that the Minister considers necessary.

• Marginal note:Refusal

  (2) Whenever the Minister is satisfied that any of the requirements set out in section 106 are not met with respect to an application for a certificate of supplementary protection, the Minister may refuse the application. The Minister shall notify the applicant of a refusal and of the grounds for it.

Marginal note:Order of priority — same authorization for sale

• 108 (1) Subsections (2) to (4) apply in determining the priority of applications for a certificate of supplementary protection that set out the same authorization for sale.

• Marginal note:Patents granted on or before authorization for sale

  (2) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has the same priority as every other such application.

• Marginal note:Priority over patents granted after authorization for sale

  (3) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has priority over an application setting out a patent that is granted after that date.

• Marginal note:Patents granted after authorization for sale — priority

  (4) Priority among applications setting out patents that were granted after the day on which the authorization for sale was issued is established according to the date on which the patent was granted, with an earlier date having priority over a later date and patents granted on the same date having the same priority.

Marginal note:Applications with same authorization for sale and priority

109 If two or more pending applications set out the same authorization for sale and have the same priority, the Minister shall provide each applicant with a written notice setting out the name and contact information of all the applicants, as well as the number, as recorded in the Patent Office, of the patent set out in each application.

Marginal note:Declaration of non-compliance

• 110 (1) A pending application for a certificate of supplementary protection may be declared invalid or void by the Federal Court for non-compliance with section 106 at the instance of another applicant whose application for a certificate sets out the same authorization for sale and the same priority.

• Marginal note:Limitation

  (2) A proceeding to obtain a declaration under subsection (1) shall be commenced before the end of the prescribed period that begins on the day that is specified by the Minister in the written notice sent under section 109.

• Marginal note:Copy to Minister

  (3) Anyone who commences such a proceeding, or an appeal or application for leave to appeal with respect to such a proceeding, shall provide the Minister with a copy of

  • (a) any document that commences the proceeding, appeal or application, immediately after the document is filed with the court; and

  • (b) any document that marks the end of the proceeding, appeal or application, immediately after the document is issued by or filed with the court.

Marginal note:Expiry of pending applications

• 111 (1) If two or more applications that set out the same authorization for sale and have the same priority are still pending at the end of the prescribed period that begins on the day specified in the written notice sent under section 109, all of those applications expire at that end of that period. However, if any proceedings are brought under section 110 with respect to any of those applications, all of those applications — if two or more are still pending — expire at the end of the prescribed period that begins on the day on which the last of any of the proceedings to be completed is finally disposed of.

• Marginal note:Expiry of application with lower priority

  (2) A pending application that sets out the same authorization for sale as another application of higher priority expires on the day on which the Minister issues a certificate of supplementary protection in respect of that other application.

Marginal note:Withdrawal

112 An applicant for a certificate of supplementary protection may withdraw their application in accordance with the regulations.

Certificate of Supplementary Protection

Marginal note:Issue of certificate

113 The Minister shall issue, to the patentee, a certificate of supplementary protection for the patented invention set out in the patentee’s application if, on the day of issuance,

• (a) the Minister is satisfied that all requirements set out in section 106 are met;

• (b) the applicable period referred to in subsection 106(3) for filing the application has ended;

• (c) there is no other pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application; and

• (d) any court proceedings, brought under section 110 with respect to the application or to another pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application, have been finally disposed of.

Marginal note:Contents of certificate

114 A certificate of supplementary protection shall set out

• (a) the number, as recorded in the Patent Office, of the patent set out in the application;

• (b) the medicinal ingredient or combination of medicinal ingredients set out in the application;

• (c) a statement as to whether the certificate relates to use in humans or to veterinary use;

• (d) the number of the authorization for sale set out in the application; and

• (e) the day on which the certificate’s term begins and the day on which the term ends, as determined under section 116.

Marginal note:Scope of supplementary protection

• 115 (1) The issuance of a certificate of supplementary protection grants the certificate’s holder and their legal representatives, during the certificate’s term, the same rights, privileges and liberties that are granted by the patent set out in the certificate, but only with respect to the making, constructing, using and selling of any drug that contains the medicinal ingredient, or combination of medicinal ingredients, set out in the certificate, by itself or in addition to any other medicinal ingredient.

• Marginal note:No infringement — export

  (2) Despite subsection (1), it is not an infringement of the certificate of supplementary protection for any person to make, construct, use or sell the medicinal ingredient or combination of medicinal ingredients for the purpose of export from Canada.

Marginal note:Validity

• 116 (1) After the certificate is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the holder and the holder’s legal representatives for its term.

• Marginal note:Taking effect

  (2) A certificate of supplementary protection takes effect on the expiry of the term under section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and not void before, the expiry of that term.

• Marginal note:Calculation of term

  (3) The certificate’s term is calculated by subtracting five years from the period beginning on the filing date of the application for the patent and ending on the day on which the authorization for sale set out in the certificate is issued, but in any event is for a maximum of two years.

• Marginal note:Reduction in period

  (4) Despite subsection (3), if the person to whom the authorization for sale set out in the certificate is issued is also the patentee, the Minister may, if he or she is of the opinion that that person’s failure to act resulted in a period of unjustified delay in the process of obtaining the authorization for sale, reduce the term of the certificate when issuing it by the amount of that period.

• Marginal note:Never takes effect

  (5) A certificate of supplementary protection that has been issued never takes effect if the calculation of its term, including any reduction under subsection (3), produces a result of zero or a negative value.

Marginal note:Revocation of certificate

117 The Minister shall revoke a certificate of supplementary protection in the prescribed circumstances.

Transfer

Marginal note:Transfer of patent

• 118 (1) A certificate of supplementary protection, or an application for one, is not transferable other than by the transfer of the patent, or part of the patent, that is set out in the certificate or application.

• Marginal note:Whole of patent

  (2) If the whole of the patent is transferred, the certificate or application is transferred accordingly.

• Marginal note:Part of patent

  (3) If part of the patent is transferred, any part of the certificate or application — including, as the case may be, the whole of it — that corresponds to the transferred part of the patent is transferred accordingly.

• Marginal note:For greater certainty

  (4) For greater certainty, the transfer of part of an application for a certificate of supplementary protection does not result in its division into more than one application.

Administrative Matters

Marginal note:Applications, fees and documents

119 Applications, fees and documents relating to certificates of supplementary protection shall be submitted to the Minister.

Marginal note:Inspection by public

• 120 (1) The Minister shall ensure that the prescribed contents of all certificates of supplementary protection and applications for a certificate are made available for public inspection under the conditions that may be prescribed.

• Marginal note:Non-application

  (2) Subsection (1) does not apply with respect to the contents of applications for a certificate that are refused, declared invalid or void, expired or withdrawn.

Marginal note:Copy in case of loss or destruction

121 The Minister may issue a certified copy of a certificate of supplementary protection to replace one that is lost or destroyed.

Marginal note:Issuance of patent under section 47

• 122 (1) If a patent set out in a certificate of supplementary protection or in a pending application for such a certificate is surrendered, and a new patent is issued, under section 47, the holder of the certificate or the applicant shall, before the end of the prescribed period that begins on the day on which the new patent is issued, provide the Minister with written notice of the number, as recorded in the Patent Office, of the new patent to which the certificate or application relates.

• Marginal note:One patent

  (2) If more than one new patent is issued under section 47, the holder of the certificate or the applicant shall provide the number for only one of the new patents.

• Marginal note:New certificate

  (3) If notice is provided under subsection (1) by a holder of a certificate, the Minister shall issue a new certificate of supplementary protection, setting out the new patent number, to replace the original certificate. The new certificate’s term is the then unexpired term of the original certificate.

• Marginal note:Effect of new certificate

  (4) The new certificate is deemed to have been issued on the day on which the new patent is issued. The original certificate and the new certificate have the same effect in law, in any action commenced after the issuance of the new certificate for any cause accruing after that issuance, as if the new patent had been set out in the original certificate; however, insofar as the claims of the new patent and the original patent are identical, the issuance of the new certificate does not affect any action pending at the time of the issuance of the new certificate or abate any cause of action that existed at that time and the new certificate constitutes a continuation of the original certificate and has effect accordingly.

• Marginal note:Application

  (5) If notice is provided under subsection (1) by an applicant for a pending application, the Minister shall

  • (a) amend the application to set out the new patent number; and

  • (b) provide written notice of the amendment to any other applicant referred to in section 109 with respect to the application.

• Marginal note:Effect of amendment to application

  (6) The amended application has the same effect, for the purposes of sections 106 to 113, as if the pending application had been originally filed in its amended form.

Use of Certificates of Supplementary Protection by Government

Marginal note:Application

123 Sections 19 to 19.2 apply with respect to certificates of supplementary protection, with

• (a) any reference to “patented invention” to be read, with any grammatical adaptations, as a reference to “invention protected by a certificate of supplementary protection”; and

• (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”.

Infringement and Impeachment

Marginal note:Action for infringement

• 124 (1) An action for the infringement of a certificate of supplementary protection may be brought in the same manner as an action for the infringement of a patent, and the following provisions apply to the action:

  • (a) sections 54, 57 and 59, with any reference to “patent” to be read as a reference to “certificate of supplementary protection”;

  • (b) subsection 55(1), and subsection 55(3) as it applies to that subsection (1), with any reference to “patent” to be read as a reference to “certificate of supplementary protection”, any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection” and any reference to “grant” to be read as a reference to “taking of effect”;

  • (c) section 55.01;

  • (d) section 55.1, with any reference to “patent” to be read as a reference to “certificate of supplementary protection” and any reference to “patented process” to be read as a reference to “process protected by the certificate of supplementary protection”;

  • (e) subsections 55.2(1) and (6), with any reference to “patent” to be read as a reference to “certificate of supplementary protection” and any reference to “patented invention” to be read as a reference to “invention protected by the certificate of supplementary protection”;

  • (f) subsection 56(1), with any reference to “patentee” to be read as a reference to “holder of a certificate of supplementary protection that sets out that patent”;

  • (g) section 58, with the reference to “a patent that contains two or more claims” to be read as a reference to a “two or more claims in a patent that is set out in a certificate of supplementary protection” and with the reference to “the patent as if it” to be read as a reference to “the certificate as if the patent set out in it”.

• Marginal note:Regulations — subsection 55.2(4)

  (2) The Governor in Council may make regulations respecting the infringement of any certificate of supplementary protection that, directly or indirectly, could result or results from the making, construction, use or sale of a patented invention or invention protected by a certificate of supplementary protection in accordance with subsection 55.2(1), including regulations described in paragraphs 55.2(4)(a) to (k), with

  • (a) any reference in those paragraphs to a “patent” to be read as a reference to a “certificate of supplementary protection”; and

  • (b) the reference in paragraph 55.2(4)(k) to “subsection 60(1)” to be read as a reference to “subsection 125(1)”.

• Marginal note:Inconsistency or conflict

  (3) In the event of an inconsistency or conflict between regulations made under subsection (2) and any Act of Parliament or regulations made under such an Act, the regulations made under subsection (2) prevail to the extent of the inconsistency or conflict.

Marginal note:Impeachment

• 125 (1) A certificate of supplementary protection, or any claim in the patent set out in such a certificate, may be declared invalid or void — including on the basis that the certificate was issued despite non-compliance with any of the requirements, as they existed at the time that the certificate was issued, of subsection 106(1) or that the patent set out in the certificate no longer complies with the requirements, as they existed at that time, set out in paragraph 106(1)(c) — by the Federal Court at the instance of the Attorney General of Canada or any interested person.

• Marginal note:Application

  (2) Subsections 60(2) and (3) apply with respect to a certificate of supplementary protection, with any reference to “patentee” to be read as a reference to “holder of a certificate of supplementary protection” and any reference to “patent” to be read as a reference to “certificate of supplementary protection”.

Marginal note:Judgment voiding certificate or claim

• 126 (1) A certificate of supplementary protection, or a claim in the patent set out in such a certificate, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in subsection (2).

• Marginal note:Appeal

  (2) Every judgment voiding a certificate of supplementary protection or any claim in the patent set out in such a certificate, and every judgment refusing to do so, is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which the judgment was rendered.

Abuse of Rights

Marginal note:Abuse of patent rights

• 127 (1) The Commissioner may, in respect of application under section 65, exercise any of the powers under any of paragraphs 66(1)(a), (d) and (e) with respect to an issued certificate of supplementary protection if he or she is satisfied that a case of abuse of the exclusive rights under the patent that is set out in the certificate has been established.

• Marginal note:Abuse — application to Commissioner

  (2) The Attorney General of Canada or an interested person may, at any time after a certificate of supplementary protection takes effect and after the expiry of three years from the date of the grant of the patent set out in the certificate, apply to the Commissioner alleging that there has been an abuse of the exclusive rights granted under a certificate of supplementary protection issued with respect to that patent and asking for relief under this Act.

• Marginal note:What amounts to abuse

  (3) The exclusive rights under a certificate of supplementary protection are abused in any of the following circumstances:

  • (a) the demand in Canada for a drug that contains the medicinal ingredient or a combination of the medicinal ingredients set out in the certificate is not being met to an adequate extent and on reasonable terms;

  • (b) by reason of the refusal of the certificate’s holder to grant a licence or licences on reasonable terms, the trade or industry of Canada or the trade of any person or class of persons trading in Canada, or the establishment of any new trade or industry in Canada, is prejudiced, and it is in the public interest that a licence or licences should be granted;

  • (c) any trade or industry in Canada, or any person or class of persons engaged in such a trade or industry, is unfairly prejudiced by the conditions attached by the certificate’s holder to the purchase, hire, licence, use or working of the invention protected by the certificate.

Marginal note:Provisions that apply

128 Sections 66 to 71, other than paragraph 66(1)(c), apply for the purposes of section 127, with

• (a) any reference to “patent”, other than with respect to the Patent Office, to be read as a reference to “certificate of supplementary protection”;

• (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”;

• (c) any reference in paragraphs 66(1)(d) and (e) and subsection 68(1) to “section 65” to be read as a reference to “section 127”;

• (d) any reference in subsection 69(1) or section 71 to “sections 65 to 70” to be read as a reference to “sections 66 to 70 and 127”; and

• (e) the reference in subsection 69(3) to “the Minister” to be read as a reference to “the Minister of Industry”.

General

Marginal note:Electronic form and means

• 129 (1) Subject to the regulations, any document, information or fee that is submitted to the Minister under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Minister.

• Marginal note:Collection, storage, etc.

  (2) Subject to the regulations, the Minister may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information under sections 106 to 134.

• Marginal note:Definition

  (3) In this section, electronic, in reference to a form or means, includes optical, magnetic and other similar forms or means.

Marginal note:Certified copies as evidence

130 In any action or proceeding respecting a certificate of supplementary protection authorized to be had or taken in Canada under this Act, a copy purporting to be certified by the Minister of any such certificate, or of any other document that is made by or filed with the Minister and is connected to such a certificate, may be produced before the court or other tribunal, or a judge or member of the court or tribunal, and the copy purporting to be so certified may be admitted in evidence without production of the original and without proof of the Minister’s certification.

Marginal note:Costs of proceedings

131 In all proceedings before any court under this Act, including, for greater certainty, an application for judicial review of a decision of the Minister under this Act, the costs of the Minister are in the discretion of the court, but the Minister shall not be ordered to pay the costs of any other of the parties.

Marginal note:Time limit deemed extended

• 132 (1) If any time period fixed under any of sections 106 to 134 in respect of dealings with the Minister ends on a prescribed day or a day that is designated by the Minister, that time period is extended to the next day that is not a prescribed day or a designated day.

• Marginal note:Power to designate day

  (2) The Minister may, on account of unforeseen circumstances and if the Minister is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Minister shall inform the public of that fact on the Department of Health’s website.

Marginal note:User Fees Act

133 The User Fees Act does not apply in respect of the fees referred to in section 106 or 134.

Marginal note:Regulations

• 134 (1) The Governor in Council may make rules or regulations

  • (a) defining the term authorization for sale;

  • (b) respecting the form and contents of applications for certificates of supplementary protection;

  • (c) respecting the processing of such applications;

  • (d) respecting the determination of when, for the purpose of paragraph 106(1)(f), an application for an authorization for sale was filed and, for the purpose of subsection 106(3), an application for a certificate of supplementary protection is filed;

  • (e) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for certificates of supplementary protection, the issuance of such certificates or the taking of other proceedings under sections 106 to 133 or under any rule or regulation made under this section, or in respect of any services or the use of any facilities provided by the Minister under those sections or such a rule or regulation;

  • (f) respecting the payment of any prescribed fees including the time when and the manner in which such fees shall be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part;

  • (g) respecting the submission, including in electronic form and by electronic means, of documents and information to the Minister, including the time at which they are deemed to be received by the Minister;

  • (h) respecting the use of electronic means for the purposes of subsection 129(2), including requiring the use of those electronic means;

  • (i) respecting the withdrawal of an application for a certificate of supplementary protection;

  • (j) respecting communications between the Minister and any other person;

  • (k) respecting the correction of obvious errors in documents submitted to the Minister, in certificates of supplementary protection or in other documents issued under sections 106 to 133, including

    • (i) the determination by the Minister of what constitutes an obvious error, and

    • (ii) the effect of the correction; and

  • (l) generally, for carrying into effect the objects and purposes of sections 104 to 133 or for ensuring their due administration by the Minister.

• Marginal note:For greater certainty

  (2) For greater certainty, the Governor in Council may make rules or regulations under paragraphs 12(1)(d), (g), (h) and (k) for the purposes of this section and sections 104 to 133.

confusing

confusing, when applied as an adjective to a trade-mark or trade-name, means, except in sections 11.13 and 11.21, a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion)

geographical indication

geographical indication means an indication that identifies a wine or spirit, or an agricultural product or food of a category set out in the schedule, as originating in the territory of a WTO Member, or a region or locality of that territory, if a quality, reputation or other characteristic of the wine or spirit or the agricultural product or food is essentially attributable to its geographical origin; (indication géographique)

Geographical Indications

Marginal note:Definitions

• 11.11 (1) The following definitions apply in this section and in sections 11.12 to 11.24.

  Minister

  Minister means the Minister designated under subsection (2). (ministre)

  responsible authority

  responsible authority means, in relation to a wine or spirit, or an agricultural product or food of a category set out in the schedule, the person, firm or other entity that, in the Minister’s opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable about that wine or spirit or that agricultural product or food to be a party to any proceedings under this Act. (autorité compétente)

• Marginal note:Designation of Minister

  (2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.12 to 11.24.

• Marginal note:When indication confusing with trade-mark

  (3) For the purposes of sections 11.13 and 11.21, an indication identifying an agricultural product or food is confusing with a trade-mark if the use of both the indication and the trade-mark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trade-mark.

• Marginal note:What to be considered

  (4) For the purposes of sections 11.13 and 11.21, in determining whether an indication is confusing with a trade-mark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including

  • (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known;

  • (b) the degree of resemblance between the indication and the trade-mark, including in appearance or sound or in the ideas suggested by them; and

  • (c) with respect to the trade-mark,

    • (i) its inherent distinctiveness and the extent to which it has become known,

    • (ii) the length of time that it has been in use, and

    • (iii) the nature of the goods, services or business that is associated with it.

Marginal note:List

• 11.12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications and, in the case of geographical indications identifying an agricultural product or food, translations of those indications.

• Marginal note:Statement of Minister — indication

  (2) If a statement by the Minister in respect of an indication is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3), the Registrar shall enter the indication, and any translation of the indication set out in the statement, on the list if

  • (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of a statement of objection has expired; or

  • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• Marginal note:Statement of Minister — translation

  (2.1) If a statement by the Minister is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3.1) in respect of a translation of an indication on the list that identifies an agricultural product or food, the Registrar shall enter the translation on the list if

  • (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.13(1) and the time for the filing of the statement of objection has expired; or

  • (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

• Marginal note:Information — indication

  (3) For the purposes of subsection (2), the statement by the Minister must set out all of the following information:

  • (a) that the Minister proposes that the indication and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food, be entered on the list;

  • (b) in the case of an indication that identifies a wine or spirit, that the indication identifies a wine or that the indication identifies a spirit;

  • (b.1) in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs;

  • (c) the territory, or the region or locality of a territory, in which the wine or spirit or the agricultural product or food is identified as originating;

  • (d) the name of the responsible authority in relation to the wine or spirit or the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself;

  • (e) the quality, reputation or other characteristic of the wine or spirit or the agricultural product or food that, in the Minister’s opinion, qualifies that indication as a geographical indication;

  • (f) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection.

• Marginal note:Information — translation

  (3.1) For the purposes of subsection (2.1), the statement by the Minister must set out all of the following information:

  • (a) that the Minister proposes that the translation be entered on the list;

  • (b) the indication on the list that corresponds to the translation;

  • (c) the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs;

  • (d) the name of the responsible authority in relation to the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself.

• Marginal note:Removal from list

  (4) The Registrar shall remove an indication or any translation of an indication from the list

  • (a) on the publication of a statement by the Minister on the website of the Canadian Intellectual Property Office specifying that the indication or the translation is to be removed; or

  • (b) if the Federal Court makes an order under subsection 11.21(1) for the removal of the indication or the translation.

• Marginal note:Obvious error

  (5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office.

• Marginal note:Evidence of entry

  (6) A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it.

• Marginal note:Evidence of statement

  (7) Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar.

• Marginal note:Certified copies

  (8) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister.

• Marginal note:Prohibited use

  (3) No person shall use in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying a wine in respect of a wine that originates in the territory indicated by the protected geographical indication if that wine was not produced or manufactured in accordance with the law applicable to that territory; or

  • (b) a translation in any language of the geographical indication in respect of that wine.

• Marginal note:Prohibited adoption of indication for spirits

  (4) No person shall adopt in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication; or

  • (b) a translation in any language of the geographical indication in respect of that spirit.

• Marginal note:Prohibited use

  (5) No person shall use in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (4); or

  • (b) a translation in any language of the geographical indication in respect of that spirit.

• Marginal note:Prohibited use

  (6) No person shall use in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying a spirit in respect of a spirit that originates in the territory indicated by the protected geographical indication if that spirit was not produced or manufactured in accordance with the law applicable to that territory; or

  • (b) a translation in any language of the geographical indication in respect of that spirit.

Marginal note:Prohibited adoption of indication for agricultural products or food

• 11.15 (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication; or

  • (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.

• Marginal note:Prohibited use

  (2) No person shall use in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does not originate in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or

  • (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.

• Marginal note:Prohibited use

  (3) No person shall use in connection with a business, as a trade-mark or otherwise,

  • (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that originates in the territory indicated by the protected geographical indication if that agricultural product or food was not produced or manufactured in accordance with the law applicable to that territory; or

  • (b) a translation on the list kept under subsection 11.12(1) of the protected geographical indication in respect of that agricultural product or food.

Marginal note:Exception when authorized

• 11.16 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, with the consent of the responsible authority.

• Marginal note:Exception for personal names

  (2) Sections 11.14 and 11.15 do not prevent a person from using, in the course of trade, the person’s name or the name of the person’s predecessor in title, except where the name is used in such a manner as to mislead the public.

• Marginal note:Exception for comparative advertising

  (3) Sections 11.14 and 11.15 do not prevent a person from using a protected geographical indication, or any translation of it in any language, in comparative advertising.

• Marginal note:Exception not applicable to labels or packaging

  (4) Subsection (3) does not apply to comparative advertising on labels or packaging.

Marginal note:Continued use — wines or spirits

• 11.17 (1) Section 11.14 does not apply to the continued and similar use of a protected geographical indication identifying a wine or spirit, or any translation of it in any language, by a Canadian who has used it in a continuous manner in relation to any business or commercial activity in respect of goods or services

  • (a) in good faith before April 15, 1994; or

  • (b) for at least 10 years before that date.

• Marginal note:Definition of Canadian

  (2) For the purposes of subsection (1), Canadian means

  • (a) a Canadian citizen;

  • (b) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after the day on which they first became eligible to apply for Canadian citizenship; and

  • (c) an entity that carries on business in Canada.

• Marginal note:Use — certain cheeses

  (3) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, before October 18, 2013.

• Marginal note:Use with qualifying term

  (4) Section 11.15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, if

  • (a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in connection with the indication or the translation; and

  • (b) the geographical origin of the cheese is clearly displayed on the cheese or on the packaging in which it is distributed, or is in any other manner associated with the cheese so that notice of the cheese’s origin is given to the person to whom the cheese is transferred.

• Marginal note:Use of the indication “Beaufort”

  (5) Section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if

  • (a) the person or their predecessor in title used the indication or the translation for at least 10 years before October 18, 2013 in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule; or

  • (b) the person uses the indication or the translation in relation to any business or commercial activity in respect of a cheese product that was produced in the proximity of the Beaufort Range on Vancouver Island in British Columbia.

• Marginal note:Use of the indication “Nürnberger Bratwürste”

  (6) Section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for at least five years before October 18, 2013.

• Marginal note:Use of the indication “Jambon de Bayonne”

  (7) Section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person, if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for at least 10 years before October 18, 2013.

• Marginal note:Restriction

  (8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.

• Marginal note:Proceedings after five years

  (2) In proceedings respecting a registered trade-mark commenced after the expiry of five years from the earlier of the date of registration of the trade-mark in Canada and the date on which use of the trade-mark by the person who filed the application for registration of the trade-mark or that person’s predecessor in title has become generally known in Canada, the registration must not be expunged or amended or held invalid on the basis of any of paragraphs 12(1)(g) to (h.1) unless it is established that the person who filed the application for registration of the trade-mark did so with knowledge that the trade-mark was in whole or in part a protected geographical indication.

Marginal note:Acquired rights — wines

• 11.2 (1) Section 11.14 and paragraph 12(1)(g) do not prevent the adoption, use or registration as a trade-mark in association with a wine of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins,

  • (a) filed an application in accordance with section 30 for, or secured the registration of, the trade-mark in association with a wine; or

  • (b) acquired rights through use to the trade-mark in respect of a wine.

• Marginal note:Acquired rights — spirits

  (2) Section 11.14 and paragraph 12(1)(h) do not prevent the adoption, use or registration as a trade-mark in association with a spirit of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins,

  • (a) filed an application in accordance with section 30 for, or secured the registration of, the trade-mark in association with a spirit; or

  • (b) acquired rights through use to the trade-mark in respect of a spirit.

• Marginal note:Acquired rights — agricultural products and food

  (3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or registration as a trade-mark in association with an agricultural product or food of a category set out in the schedule of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the day on which a statement by the Minister is published under subsection 11.12(2) or (2.1) in respect of the indication or translation,

  • (a) filed an application in accordance with section 30 for, or secured the registration of, the trade-mark in association with an agricultural product or food belonging to the same category; or

  • (b) acquired rights through use to the trade-mark in respect of an agricultural product or food belonging to the same category.

Marginal note:Removal from the list

• 11.21 (1) On the application of any person interested, the Federal Court has exclusive jurisdiction to order the Registrar to remove an indication or a translation from the list of geographical indications kept under subsection 11.12(1) on any of the grounds set out in subsection (2) or (3), as the case may be.

• Marginal note:Grounds — indication

  (2) The grounds for the removal of an indication are

  • (a) that, on the day on which the application is made, the indication is not a geographical indication;

  • (b) that, on the day on which the application is made, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

  • (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister in respect of the indication is published or on the day on which the application is made, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating;

  • (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with

    • (i) a registered trade-mark, or

    • (ii) a trade-mark that was previously used in Canada and that has not been abandoned; or

  • (e) in the case of an indication identifying an agricultural product or food, that

    • (i) when the statement by the Minister is published, the indication is confusing with a trade-mark in respect of which an application for registration was previously filed in Canada, and

    • (ii) on the day on which the application is made, that application for registration remains pending or the trade-mark is registered.

• Marginal note:Grounds — translation

  (3) The grounds for the removal of a translation are

  • (a) that, on the day on which the application is made, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food;

  • (b) that, when the statement by the Minister in respect of the translation is published, the translation is confusing with

    • (i) a registered trade-mark, or

    • (ii) a trade-mark that was previously used in Canada and that has not been abandoned;

  • (c) that

    • (i) when the statement by the Minister in respect of the translation is published, the translation is confusing with a trade-mark in respect of which an application for registration was previously filed in Canada, and

    • (ii) on the day on which the application is made, that application for registration remains pending or the trade-mark is registered; or

  • (d) that, when the statement by the Minister in respect of the translation is published, the translation is not a faithful translation of the indication.

• Marginal note:How application is made

  (4) An application shall be made by the filing of an originating notice of motion, by counter-claim in an action for an act contrary to section 11.14 or 11.15, or by statement of claim in an action claiming additional relief under this Act.

• Marginal note:Summary proceedings

  (5) The proceedings on an application shall be heard and determined summarily on evidence adduced by affidavit unless the Federal Court directs otherwise.

• Marginal note:Effect of order on translation

  (6) If the Federal Court orders the removal of an indication identifying an agricultural product or food from the list, the Registrar shall remove any translation of that indication from the list.

Marginal note:CETA indications

11.22 Paragraph 11.18(2)(a) and section 11.21 do not apply with respect to a protected geographical indication that is listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.

Marginal note:Canada — Korea indications

11.23 Paragraphs 11.18(2)(a) and (c) and section 11.21 do not apply with respect to an indication that is a protected geographical indication and that is included in the following list:

• (a) GoryeoHongsam;

• (b) GoryeoBaeksam;

• (c) GoryeoSusam;

• (d) IcheonSsal;

• (e) ginseng rouge de Corée;

• (f) ginseng blanc de Corée;

• (g) ginseng frais de Corée;

• (h) riz Icheon;

• (i) Korean Red Ginseng;

• (j) Korean White Ginseng;

• (k) Korean Fresh Ginseng;

• (l) Icheon Rice.

Marginal note:Powers of Governor in Council

11.24 The Governor in Council may, by order, amend the schedule by adding or deleting a category of agricultural product or food.

• (g) in whole or in part a protected geographical indication identifying a wine, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication;

• (h) in whole or in part a protected geographical indication identifying a spirit, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication;

• (h.1) in whole or in part a protected geographical indication, and the trade-mark is to be registered in association with an agricultural product or food — belonging to the same category, as set out in the schedule, as the agricultural product or food identified by the protected geographical indication — not originating in a territory indicated by the geographical indication; and

• Marginal note:Exception

  (2) The registration of a trade-mark does not prevent a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine, any of the indications mentioned in subsection 11.18(4) in association with a spirit or any of the indications mentioned in subsection 11.18(4.1) in association with an agricultural product or food.

• Marginal note:Wine or spirits

  (2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits

  • (a) do not originate in the territory indicated by the indication; or

  • (b) do originate in the territory indicated by the indication but were not produced or manufactured in accordance with the law applicable to that territory.

• Marginal note:Agricultural products or food

  (2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food

  • (a) does not originate in the territory indicated by the indication; or

  • (b) does originate in the territory indicated by the indication, but was not produced or manufactured in accordance with the law applicable to that territory.

• Marginal note:Exception

  (2.3) Subsections (2.1) and (2.2) do not apply if

  • (a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act;

  • (b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use; or

  • (c) the wine or spirit or the agricultural product or food, while being shipped from one place outside Canada to another, is in customs transit control or customs transhipment control in Canada.

• Marginal note:Restriction

  (3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2.

Marginal note:Request for assistance

• 51.04 (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03.

• Marginal note:Information in request

  (2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trade-mark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication.

• Marginal note:Validity period

  (3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once.

• Marginal note:Security

  (4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09.

• Marginal note:Update

  (5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to

  • (a) the validity of the protected mark that is the subject of the request for assistance;

  • (b) the ownership of the protected mark; or

  • (c) the goods for which the trade-mark is registered or, in the case of a geographical indication, the goods identified by the indication.

Marginal note:Fourniture de renseignements en vue de l’exercice de recours

• 51.06 (1) L’agent des douanes qui a des motifs raisonnables de soupçonner que des produits qu’il retient en vertu de l’article 101 de la Loi sur les douanes sont interdits d’importation ou d’exportation au titre de l’article 51.03 peut, à sa discrétion, fournir au propriétaire de la marque protégée en cause, si celui-ci a présenté une demande d’aide acceptée par le ministre à l’égard de cette marque, des échantillons des produits ainsi que des renseignements au sujet des produits qui pourraient lui être utiles pour l’exercice de ses recours au titre de la présente loi, tels que :

Marginal note:Judgments

61 An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register or to any protected geographical indication.

Marginal note:Regulations

65.2 The Governor in Council may make regulations

• (a) respecting the list to be kept under subsection 11.12(1), including information relating to the listed geographical indications and translations to be included on the list; and

• (b) respecting proceedings under section 11.13, including documents relating to those proceedings.

Transitional Provisions

Marginal note:Use of the indication “Beaufort”

• 68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013.

• Marginal note:Use of the indication “Nürnberger Bratwürste”

  (2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013.

• Marginal note:Use of the indication “Jambon de Bayonne”

  (3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013.

• Marginal note:Restriction

  (4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.

Marginal note:Limits for trade agreement investors — paragraph 14(1)(a) or (b)

• 14.11 (1) Despite the limits set out in subsections 14(3) and 14.1(1), an investment described in paragraph 14(1)(a) or (b) by a trade agreement investor, other than a state-owned enterprise, or — if the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a trade agreement investor — by a non-Canadian other than a trade agreement investor and other than a state-owned enterprise, is reviewable under section 14 only if the enterprise value, calculated in the prescribed manner, of the assets described in paragraph 14(3)(a) or (b), as the case may be, is equal to or greater than

  • (a) for an investment implemented at any time in the period that begins on the day on which this paragraph comes into force and that ends on December 31 of the following calendar year, $1,500,000,000, and

  • (b) for an investment implemented in any subsequent calendar year, the amount determined in respect of that calendar year under subsection (3).

• Marginal note:Limits for trade agreement investors — paragraph 14(1)(c) or (d)

  (2) Despite the limits set out in subsections 14(3) and (4), an investment described in paragraph 14(1)(c) or (d) by an investor described in any of the following paragraphs is reviewable under section 14 only if the enterprise value, calculated in the prescribed manner, of the assets described in paragraph 14(3)(b) or subsection 14(4), as the case may be, is equal to or greater than the applicable amount referred to under paragaph (1)(a) or (b):

  • (a) a trade agreement investor that is neither a WTO investor as defined in subsection 14.1(6) nor a state-owned enterprise; or

  • (b) a non-Canadian that is not a trade agreement investor, a WTO investor as defined in subsection 14.1(6) or a state-owned enterprise, if the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a trade agreement investor.

• Marginal note:Amount

  (3) The amount for any year for the purposes of paragraph (1)(b) shall be determined by the Minister in January of that year by rounding off to the nearest million dollars the amount arrived at by using the following formula:

  (Current Nominal GDP at Market Prices / Previous Year Nominal GDP at Market Prices) × amount determined for previous year

  where

  • (a) the Current Nominal GDP at Market Prices is the average of the Nominal Gross Domestic Products at market prices for the most recent four consecutive quarters; and

  • (b) the Previous Year Nominal GDP at Market Prices is the average of the Nominal Gross Domestic Products at market prices for the four consecutive quarters for the comparable period in the year preceding the year used in calculating the Current Nominal GDP at Market Prices.

• Marginal note:Publication in Canada Gazette

  (4) As soon as possible after determining the amount for any particular year, the Minister shall publish the amount in the Canada Gazette.

• Marginal note:Exception

  (5) This section does not apply in respect of an investment to acquire control of a Canadian business that is a cultural business, as defined in subsection 14.1(6).

• Marginal note:Definitions

  (6) The following definitions apply in this section.

  controlled by a trade agreement investor

  controlled by a trade agreement investor, with respect to a Canadian business, means, despite subsection 28(2),

  • (a) the ultimate direct or indirect control in fact of the Canadian business by a trade agreement investor through the ownership of voting interests; or

  • (b) the ownership by a trade agreement investor of all or substantially all of the assets used in carrying on the Canadian business. (sous le contrôle d’un investisseur (traité commercial))

  trade agreement country

  trade agreement country means a country other than Canada that is a party either to the Agreement described in subparagraph (a)(i) of the definition trade agreement investor in this subsection or to a trade agreement listed in column 1 of the schedule. (pays (traité commercial))

  trade agreement investor

  trade agreement investor means

  • (a) an individual, other than a Canadian, who is

    • (i) a natural person within the meaning of Article 8.1 of the Agreement as defined in section 2 of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act, or

    • (ii) a national within the meaning of any provision set out in column 2 of the schedule corresponding to a trade agreement set out in column 1;

  • (b) the government of a trade agreement country, whether federal, state or local, or an agency of such a government;

  • (c) an entity that is not a Canadian-controlled entity, as determined under subsection 26(1) or (2), and that is a trade agreement investor-controlled entity, as determined in accordance with subsection (7);

  • (d) a corporation or limited partnership that meets the following criteria:

    • (i) it is not a Canadian-controlled entity, as determined under subsection 26(1),

    • (ii) it is not an entity described in paragraph (c),

    • (iii) less than a majority of its voting interests are owned by trade agreement investors,

    • (iv) it is not controlled in fact through the ownership of its voting interests, and

    • (v) two thirds of the members of its board of directors, or two thirds of its general partners, as the case may be, are any combination of Canadians and trade agreement investors;

  • (e) a trust that meets the following criteria:

    • (i) it is not a Canadian-controlled entity, as determined under subsection 26(1) or (2),

    • (ii) it is not an entity described in paragraph (c),

    • (iii) it is not controlled in fact through the ownership of its voting interests, and

    • (iv) two thirds of its trustees are any combination of Canadians and trade agreement investors; or

  • (f) any other form of business organization specified by the regulations that is controlled by a trade agreement investor. (investisseur (traité commercial))

• Marginal note:Interpretation

  (7) For the purpose only of determining whether an entity is a trade agreement investor-controlled entity under paragraph (c) of the definition trade agreement investor in subsection (6),

  • (a) subsections 26(1) and (2) and section 27 apply and, for that purpose,

    • (i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “trade agreement investor” or “trade agreement investors”, respectively,

    • (ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian other than a trade agreement investor,” or “non-Canadians, other than trade agreement investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not trade agreement investors”,

    • (iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “trade agreement investor-controlled”, and

    • (iv) the reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a trade agreement country”; and

  • (b) if two persons, one being a Canadian and the other being a trade agreement investor, own equally all of the voting shares of a corporation, the corporation is deemed to be trade agreement investor-controlled.

Marginal note:Regulations

14.2 The Governor in Council may make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of sections 14.1 and 14.11.

Marginal note:Order

14.3 The Governor in Council may, by order, amend the schedule by adding, deleting or replacing the name of a trade agreement in column 1 or a corresponding provision setting out the meaning of national in column 2.

CETA

CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

EU country or other CETA beneficiary

EU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

• Marginal note:Regulations

  (1.1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a protocol, chapter or provision — set out in column 2 of Part 5 of the schedule — in an agreement set out in column 1, and any other matters that may be agreed on from time to time by the parties to that agreement.

Marginal note:Dredging — provisions not applicable

• 5.1 (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity which is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA:

  • (a) for an application made on behalf of a ship described in paragraph 3(2.1)(a), paragraph 5(a); and

  • (b) for an application made on behalf of a ship described in paragraph 3(2.1)(b) or (c), paragraph 4(1)(a).

• Marginal note:Total value of agreement

  (2) Subsection (1) applies only if the total value of the agreement of which the dredging activities form a part is equal to or greater than the threshold — the sum in Canadian dollars which the Minister for International Trade determines to be equivalent, for a period which he or she determines, to 5 million special drawing rights issued by the International Monetary Fund — that is applicable on the day of the issuance of the call or request for bids or tenders related to the activities.

Marginal note:Regulations

7 The Governor in Council may, by regulation

• (a) specify that a territory is, or is not, a territory referred to in the definition of territory of the European Union in subsection 2(1);

• (b) indicate, for the purpose of paragraph 3(2.1)(c), the registers that are second, or international, registers of member states of the European Union; and

• (c) fix the maximum number of licences that may be issued under sections 4 and 5.

Canada–European Union Comprehensive Economic and Trade Agreement

Canada–European Union Comprehensive Economic and Trade Agreement has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act. (Accord économique et commercial global entre le Canada et l’Union européenne)

EU country or other CETA beneficiary

EU country or other CETA beneficiary has the meaning assigned by regulation. (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

CEUT

CEUT refers to the Canada–European Union Tariff. (TCUE)

Canada–European Union Tariff

Marginal note:Application of CEUT

• 49.8 (1) Subject to section 24, goods that originate in an EU country or other CETA beneficiary are entitled to the Canada–European Union Tariff rates of customs duty.

• Marginal note:“A” final rate for CEUT

  (2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “CEUT” in relation to goods entitled to the Canada–European Union Tariff, the Canada–European Union Tariff rate of customs duty that applies to those goods is the final rate of “Free”.

• Marginal note:“F” staging for CEUT

  (3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “CEUT” in relation to goods entitled to the Canada–European Union Tariff, the Canada–European Union Tariff rate of customs duty that applies to those goods is the initial rate, reduced as provided in the “F” Staging List.

• Marginal note:Staging for CEUT

  (4) If “W1”, “W2”, “W3” or “W4” is set out in the column entitled “Preferential Tariff” in the List of Tariff Provisions following the abbreviation “CEUT” in relation to goods entitled to the Canada–European Union Tariff, the Canada–European Union Tariff rate of customs duty that applies to those goods is the initial rate, reduced

  • (a) if “W1” is set out,

    • (i) effective on the coming into force of this section, to three quarters of the initial rate,

    • (ii) effective on January 1 of the first year after the year in which this section comes into force, to one half of the initial rate,

    • (iii) effective on January 1 of the second year after the year in which this section comes into force, to one quarter of the initial rate, and

    • (iv) effective on January 1 of the third year after the year in which this section comes into force, to the final rate of “Free”;

  • (b) if “W2” is set out,

    • (i) effective on the coming into force of this section, to five sixths of the initial rate,

    • (ii) effective on January 1 of the first year after the year in which this section comes into force, to two thirds of the initial rate,

    • (iii) effective on January 1 of the second year after the year in which this section comes into force, to one half of the initial rate,

    • (iv) effective on January 1 of the third year after the year in which this section comes into force, to one third of the initial rate,

    • (v) effective on January 1 of the fourth year after the year in which this section comes into force, to one sixth of the initial rate, and

    • (vi) effective on January 1 of the fifth year after the year in which this section comes into force, to the final rate of “Free”;

  • (c) if “W3” is set out,

    • (i) effective on the coming into force of this section, to seven eighths of the initial rate,

    • (ii) effective on January 1 of the first year after the year in which this section comes into force, to three quarters of the initial rate,

    • (iii) effective on January 1 of the second year after the year in which this section comes into force, to five eighths of the initial rate,

    • (iv) effective on January 1 of the third year after the year in which this section comes into force, to one half of the initial rate,

    • (v) effective on January 1 of the fourth year after the year in which this section comes into force, to three eighths of the initial rate,

    • (vi) effective on January 1 of the fifth year after the year in which this section comes into force, to one quarter of the initial rate,

    • (vii) effective on January 1 of the sixth year after the year in which this section comes into force, to one eighth of the initial rate, and

    • (viii) effective on January 1 of the seventh year after the year in which this section comes into force, to the final rate of “Free”; and

  • (d) if “W4” is set out,

    • (i) effective on the fifth anniversary of the day on which this section comes into force, to two thirds of the initial rate,

    • (ii) effective on January 1 of the sixth year after the year in which this section comes into force, to one third of the initial rate, and

    • (iii) effective on January 1 of the seventh year after the year in which this section comes into force, to the final rate of “Free”.

• Marginal note:Rounding of specific rates

  (5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty that includes a fraction of one tenth of a cent, the rate shall be rounded down to the nearest one tenth of a cent.

• Marginal note:Rounding of amounts

  (6) If a reduction under subsection (3) or (4) results in a rate of customs duty that includes a fraction of one per cent, the resulting percentage shall be rounded down to the nearest one tenth of one percent.

• Marginal note:Rounding of amounts — fraction other than 0.5

  (7) If, for any goods other than motor vehicles of heading No. 87.02, 87.03 or 87.04, a reduction under subsection (3) or (4) or a rounding of rates under subsection (6) results in a rate of customs duty that includes a fraction of one per cent other than 0.5, the resulting percentage shall be rounded down to the nearest percentage that divides evenly by 0.5.

• Marginal note:Elimination of rates of less than 2%

  (8) If, for any goods other than motor vehicles of heading No. 87.02, 87.03 or 87.04, a reduction under subsection (3) or (4) results in a rate of customs duty that is a percentage of less than two per cent, the rate shall be further reduced to “Free” immediately.

Marginal note:Regulations

49.9 The Governor in Council may, on the recommendation of the Minister, make regulations defining the term EU country or other CETA beneficiary.

Marginal note:Extension and withdrawal of entitlement

• 49.91 (1) The Governor in Council may, on the recommendation of the Minister, by order, amend the schedule to

  • (a) extend entitlement to the Canada–European Union Tariff to any goods that originate in an EU country or other CETA beneficiary; or

  • (b) withdraw entitlement to the Canada–European Union Tariff from any goods that originate in a country if, in the opinion of the Governor in Council, those goods are not entitled to that Tariff under the Canada–European Union Comprehensive Economic and Trade Agreement.

• Marginal note:Content of order

  (2) An order made under subsection (1)

  • (a) must specify the date on which the order becomes effective;

  • (b) must, if the order partially extends entitlement to the Canada–European Union Tariff, indicate the goods to which entitlement to that Tariff is extended;

  • (c) may exempt goods from the conditions set out in subsection 24(1) and prescribe any conditions that apply; and

  • (d) must, if the order wholly or partially withdraws entitlement to the Canada–European Union Tariff, indicate the goods to which the Most-Favoured-Nation Tariff applies as a consequence.

customs duties

customs duties, other than for the purposes of sections 95, 96 and 98.1, means customs duties imposed under Part 2, other than surtaxes or temporary duties imposed under Division 4 of Part 2. (droits de douane)

• Marginal note:Goods of tariff item No. 9971.00.00 — EU

  (5) Despite subsection 20(2), the value for duty of goods of tariff item No. 9971.00.00 that are entitled to the Canada–European Union Tariff is the value of the repairs or alterations made to those goods in an EU country or other CETA beneficiary.

• Marginal note:Limitation

  (6) Subsection (5) ceases to have effect on January 1 of the seventh year after the year in which this subsection comes into force.

Marginal note:Relief

• 89 (1) Subject to subsection (2), sections 95 and 98.1 and any regulations made under section 99, if an application for relief is made within the prescribed time, in accordance with subsection (4), by a person of a prescribed class, relief may be granted from the payment of duties that would but for this section be payable in respect of imported goods that are

Marginal note:Repayment of relief — EU

• 98.1 (1) If relief is granted under section 89 in respect of goods used as materials, or for which identical, equivalent or similar substitutes are used as materials, in the production of other goods that are exported, on or after the third anniversary of the day on which section 49.8 comes into force, to an EU country or other CETA beneficiary and that benefit, when imported into that country, from a preferential tariff under the Canada–European Union Comprehensive Economic Trade Agreement,

  • (a) the person who exported the other goods shall, within 60 days after exporting them, report their exportation in the prescribed manner to an officer at a customs office and pay an amount equal to the portion of the duties relieved under section 89 that are customs duties; and

  • (b) subject to subsection (4) but despite any other provision of this Part, the person and any other person who was granted that relief are, from the time the other goods are exported, jointly and severally or solidarily liable to pay to Her Majesty in right of Canada the amount referred to in paragraph (a).

• Marginal note:Debt to Her Majesty

  (2) While it remains unpaid, the amount referred to in subsection (1) is a debt owing to Her Majesty in right of Canada under the Customs Act.

• Marginal note:No refund or drawback

  (3) No refund or drawback may be granted under section 113 for customs duties paid in respect of goods for which relief of all or a portion of the duties could have been, but was not, granted under section 89, if

  • (a) the goods are used as materials, or identical, equivalent or similar substitutes for those goods are used as materials, in the production of other goods; and

  • (b) those other goods are exported, on or after the third anniversary of the day on which section 49.8 comes into force, to an EU country or other CETA beneficiary and benefit, when imported into that country, from a preferential tariff under the Canada–European Union Comprehensive Economic Trade Agreement.

• Marginal note:Exceptions

  (4) Subsections (1) and (3) do not apply to

  • (a) imported goods that originate in an EU country or other CETA beneficiary that are used as materials, or for which identical, equivalent or similar substitutes are used as materials, in the production of other goods that are exported to an EU country or other CETA beneficiary;

  • (b) imported goods referred to in subsection 89(1) that are deemed to have been exported by reason of their having been

    • (i) placed in a duty free shop for exportation,

    • (ii) designated as ships’ stores by regulations made under paragraph 99(g), or

    • (iii) supplied for use on board a conveyance of a class prescribed under paragraph 99(g); or

  • (c) any other imported goods or any imported goods used as materials, or any class of such goods, that may, on the recommendation of the Minister, be prescribed by the Governor in Council on the basis of an agreement between the Government of Canada and the other parties to the Canada–European Union Comprehensive Economic and Trade Agreement.

• Marginal note:Definition of materials

  (5) In this section, materials means goods that are used in the processing of other goods, and includes parts or ingredients.

Marginal note:Effect of relief

• 107 (1) Subject to sections 95 and 98.1, if relief is granted under section 89, 92, 101 or 106 from the payment of the whole or a portion of duties,

Marginal note:Refund or drawback

• 113 (1) Subject to subsection (2), sections 96 and 98.1 and any regulations made under subsection (4), a refund or drawback shall be granted of all or a portion of duties if

• Marginal note:Interest on the payment of relief for CETA

  (8) A person who is liable under subsection 98.1(1) to pay an amount shall pay, in addition to the amount, interest at the specified rate for the period beginning on the sixty-first day after on which the day the amount became payable and ending on the day on which the amount is paid in full, calculated on the amount of the balance outstanding.

• Marginal note:Use of information provided by registrants

  (2) If the Minister determines that the active ingredient of the applicant’s pest control product is equivalent to the active ingredient of a registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the applicant to use or rely on any information referred to in subsection (1) that has been provided by any registrant if the Minister is satisfied that the information

  • (a) is relevant to the registered pest control product that contains the equivalent active ingredient; and

  • (b) is necessary to support the application.

• Marginal note:Provision of information if more than one registrant

  (5) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,

  • (a) two or more registrants may provide the information required under subsection (3) or paragraph 19(1)(a) jointly; and

  • (b) if the Minister is satisfied that the information required under subsection (3) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.

• Marginal note:If active ingredients not equivalent

  (5.1) If the active ingredients of the registered pest control product that is subject to the re-evaluation are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the re-evaluation to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the re-evaluation.

• Marginal note:Provision of information if more than one registrant

  (3) If there is more than one registrant whose registered pest control products have active ingredients that the Minister has determined to be equivalent,

  • (a) two or more registrants may provide the information required under subsection (1) or paragraph 19(1)(a) jointly; and

  • (b) if the Minister is satisfied that the information required under subsection (1) or paragraph 19(1)(a) has been provided by one or more registrants, the Minister shall, subject to and in accordance with the regulations, permit another registrant to use or rely on that information to meet the requirements under that subsection or paragraph.

• Marginal note:If active ingredients not equivalent

  (3.1) If the active ingredients of a registered pest control product that is subject to the special review are not equivalent to the active ingredients in another registrant’s registered pest control product, the Minister shall, subject to and in accordance with the regulations, permit the registrant whose product is subject to the special review to use or rely on information provided by the other registrant if the Minister is satisfied that the information is necessary for the special review.

• Marginal note:Negotiation and arbitration

  (2) An agreement referred to in subsection (1) shall be entered into, and provide for the determination of compensation payable through negotiation and binding arbitration, in accordance with the regulations.

• (z.01) respecting the entering into of agreements and the determination of compensation payable through negotiations and binding arbitration, under section 66;

• (b) to apply for, purchase or otherwise acquire any patents, patent rights, certificates of supplementary protection issued under the Patent Act, rights under such a certificate, copyrights, trade marks, formulae, licences, concessions and the like, conferring any exclusive or non-exclusive or limited right to use, or any secret or other information as to any invention that may seem capable of being used for any of the purposes of the company, or the acquisition of which may seem calculated directly or indirectly to benefit the company, and to use, exercise, develop or grant licences in respect of, or otherwise turn to account, the property, rights or information so acquired;

• (e) a mortgage or charge on goodwill, on any patent or licence under a patent, on any certificate of supplementary protection issued under the Patent Act or licence under such a certificate, on any trade mark or on any copyright or licence under a copyright,

• (C) patents and certificates of supplementary protection issued under the Patent Act,

• (c) with the approval of the Governor in Council, lease or, by purchase, requisition or expropriation, acquire or cause to be acquired nuclear substances and any mines, deposits or claims of nuclear substances and patent rights or certificates of supplementary protection issued under the Patent Act relating to nuclear energy and any works or property for production or preparation for production of, or for research or investigations with respect to, nuclear energy; and

• (d) with the approval of the Governor in Council, license or otherwise make available or sell or otherwise dispose of discoveries and inventions relating to, and improvements in processes, apparatus or machines used in connection with, nuclear energy, patent rights and certificates of supplementary protection acquired under this Act and collect royalties and fees on and payments for those licences, discoveries, inventions, improvements, patent rights and certificates.

Marginal note:Trustee to have right to sell patented articles

• 82 (1) If any property of a bankrupt vesting in a trustee consists of articles that are subject to a patent or to a certificate of supplementary protection issued under the Patent Act and were sold to the bankrupt subject to any restrictions or limitations, the trustee is not bound by the restrictions or limitations but may sell and dispose of the articles free and clear of the restrictions or limitations.

• Marginal note:Right of manufacturer

  (2) If the manufacturer or vendor of the articles referred to in subsection (1) objects to the disposition of them by the trustee as provided by this section and gives to the trustee notice in writing of the objection before their sale or disposition, that manufacturer or vendor has the right to purchase the articles at their invoice prices, subject to any reasonable deduction for depreciation or deterioration.

• (c) has the exclusive rights and privileges conferred by a patent, certificate of supplementary protection issued under the Patent Act, trade-mark, copyright, registered industrial design or registered integrated circuit topography.

• (b) a wider licensing of patents, certificates of supplementary protection issued under the Patent Act or registered integrated circuit topographies;

• (b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent, certificate of supplementary protection issued under the Patent Act or registered industrial design;

Marginal note:Industrial property, exclusive jurisdiction

• 20 (1) The Federal Court has exclusive original jurisdiction, between subject and subject as well as otherwise,

  • (a) in all cases of conflicting applications for any patent of invention or for any certificate of supplementary protection under the Patent Act, or for the registration of any copyright, trade-mark, industrial design or topography within the meaning of the Integrated Circuit Topography Act; and

  • (b) in all cases in which it is sought to impeach or annul any patent of invention or any certificate of supplementary protection issued under the Patent Act, or to have any entry in any register of copyrights, trade-marks, industrial designs or topographies referred to in paragraph (a) made, expunged, varied or rectified.

• Marginal note:Industrial property, concurrent jurisdiction

  (2) The Federal Court has concurrent jurisdiction in all cases, other than those mentioned in subsection (1), in which a remedy is sought under the authority of an Act of Parliament or at law or in equity respecting any patent of invention, certificate of supplementary protection issued under the Patent Act, copyright, trade-mark, industrial design or topography referred to in paragraph (1)(a).

• (f) the use of a protected geographical indication identifying a wine or spirit or an agricultural product or food if the wine or spirit or the agricultural product or food originates in the territory indicated by the indication;