COVID-19 Emergency Response Act (S.C. 2020, c. 5)

Marginal note:Application by Minister

• 19.4 (1) The Commissioner shall, on the application of the Minister of Health, authorize the Government of Canada and any person specified in the application to make, construct, use and sell a patented invention to the extent necessary to respond to the public health emergency described in the application.

• Marginal note:Contents of application

  (2) The application must

  • (a) set out the name of the patentee and the number, as recorded in the Patent Office, of the patent issued in respect of the patented invention;

  • (b) include a confirmation that the Chief Public Health Officer, appointed under subsection 6(1) of the Public Health Agency of Canada Act, believes that there is a public health emergency that is a matter of national concern;

  • (c) include a description of the public health emergency; and

  • (d) specify a person, if any, that is to be authorized to make, construct, use and sell the patented invention for the purposes of responding to the public health emergency.

• Marginal note:Cessation of effect

  (3) The authorization ceases to have effect the earlier of

  • (a) the day on which the Minister of Health notifies the Commissioner that the authorization is no longer necessary to respond to the public health emergency set out in the application, and

  • (b) one year after the day on which it is granted.

• Marginal note:Notice

  (4) The Commissioner shall notify the patentee of any authorization that is granted under this section and provide them with the information referred to in subsection (2).

• Marginal note:Payment of remuneration

  (5) The Government of Canada and any person authorized under subsection (1) shall pay the patentee any amount that the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization and the extent to which they make, construct, use and sell the patented invention.

• Marginal note:Authorization not transferable

  (6) An authorization granted under this section is not transferable.

• Marginal note:For greater certainty

  (7) For greater certainty, the use or sale, in relation to a public health emergency, of a patented invention that is made or constructed in accordance with an authorization granted under this section is not an infringement of the patent.

• Marginal note:Power of Federal Court

  (8) On the application of the patentee, the Federal Court may make an order requiring the Government of Canada or any person authorized under subsection (1) to cease making, constructing, using or selling the patented invention in a manner that is inconsistent with the authorization granted under this section.

• Marginal note:Restriction

  (9) The Commissioner shall not make an authorization under subsection (1) after September 30, 2020.

Period — March 30, 2020 to September 30, 2020

Marginal note:Suspension of interest and payments

11.2 During the period that begins on March 30, 2020 and ends on September 30, 2020,

• (a) no interest is payable by a borrower on a guaranteed student loan; and

• (b) no amount on account of principal and interest in respect of a guaranteed student loan is required to be paid by the borrower.

Period — March 30, 2020 to September 30, 2020

Marginal note:Suspension of interest and payments

9.3 During the period that begins on March 30, 2020 and ends on September 30, 2020,

• (a) no interest is payable by a borrower on a student loan prescribed by regulations made under paragraph 15(1)(j); and

• (b) no amount on account of principal and interest in respect of a student loan prescribed by regulations made under paragraph 15(1)(j) is required to be paid by the borrower.

Marginal note:Authorized capital

• 23 (1) The authorized capital of the Bank consists of an unlimited number of common shares with a par value of $100 each and an unlimited number of preferred shares without par value, but the paid-in capital of the Bank, together with any contributed surplus relating to it and any proceeds referred to in paragraph 30(2)(d) that have been prescribed as equity, must not at any time exceed

  • (a) for the period beginning on the day on which this subsection comes into force and ending on September 30, 2020, the amount that the Minister of Finance determines during that period, or, if that Minister redetermines the amount during that period, the most recently determined amount; and

  • (b) on and after October 1, 2020, an amount equal to the amount determined by the Minister of Finance under paragraph (a), or, if that Minister redetermined the amount under that paragraph, an amount equal to the last amount so determined.

• Marginal note:Publication in Canada Gazette

  (1.1) As soon as feasible after determining or redetermining an amount under paragraph (1)(a), the Minister of Finance shall publish a notice of that amount in the Canada Gazette.

Period — March 30, 2020 to September 30, 2020

Marginal note:Suspension of interest and payments

8.1 During the period that begins on March 30, 2020 and ends on September 30, 2020,

• (a) no interest is payable by a borrower on an apprentice loan; and

• (b) no amount on account of principal and interest in respect of an apprentice loan is required to be paid by a borrower.