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College of Patent Agents and Trademark Agents Act (S.C. 2018, c. 27, s. 247)

Act current to 2020-11-02 and last amended on 2019-06-17. Previous Versions

Investigations (continued)

Conduct of Investigation (continued)

The following provision is not in force.

Marginal note:Return or application for retention order

  •  (1) An investigator who, as a result of the application of any of sections 43 to 45 or the regulations referred to in subsection 46(5), is in possession of a document or other thing that is not in a sealed package must, within the applicable period determined in accordance with the regulations made under paragraph 76(1)(i), return the document or thing or apply to the Federal Court for a retention order under subsection (2).

  • Marginal note:Retention order

    (2) On application by the investigator, the Federal Court may order that the document or thing may be retained by the investigator until no later than the conclusion of the investigation or, if an application is made to the Discipline Committee under subsection 49(1), until the final disposition of the proceedings before the Discipline Committee and any appeals. If the Court does not order that the document or thing be retained, the document or thing must be returned as soon as feasible.

The following provision is not in force.

Marginal note:Application for return

  •  (1) A person who has a right or interest in a document or other thing that, as a result of the application of any of sections 43 to 45 or the regulations referred to in subsection 46(5), is in the possession of an investigator and that is not in a sealed package may, on giving notice to the Investigations Committee, apply to the Federal Court for an order that the document or thing be returned or that any copies of the document or thing made by or on behalf of the Committee or an investigator be destroyed.

  • Marginal note:Order

    (2) The Court may order, on any conditions that it considers appropriate,

    • (a) that the document or thing be returned; and

    • (b) that any copies of the document or thing made by or on behalf of the Investigations Committee or an investigator be destroyed, if the removal of the document or thing by an investigator was not authorized under this Act.

Conclusion of Investigation

The following provision is not in force.

Marginal note:Application or dismissal

  •  (1) If, at the conclusion of an investigation, the Investigations Committee is satisfied that there is sufficient evidence that the licensee has committed professional misconduct or was incompetent, the Committee must apply to the Discipline Committee for a decision as to whether the licensee committed professional misconduct or was incompetent. Otherwise, the Investigations Committee must dismiss the matter.

  • Marginal note:Written representations

    (2) The Investigations Committee must consider any written representations made by the licensee under section 38 before the conclusion of the investigation.

  • Marginal note:Notice of application or dismissal

    (3) The Investigations Committee must, in writing, notify the licensee and any complainant of the application or dismissal and, in the case of dismissal, the reasons for it.

  • Marginal note:Limitation

    (4) The Investigations Committee is not permitted to disclose privileged information in its notice to the licensee or complainant.

The following provision is not in force.

Marginal note:Withdrawal of application

 The Investigations Committee may withdraw an application to the Discipline Committee only if the Investigations Committee is no longer satisfied that there is sufficient evidence that the licensee has committed professional misconduct or was incompetent.

Disciplinary Proceedings

The following provision is not in force.

Marginal note:Oral hearing

 The Discipline Committee must hold an oral hearing for every application made by the Investigations Committee in order to determine whether a licensee committed professional misconduct or was incompetent.

The following provision is not in force.

Marginal note:Hearings open to public

 Except to the extent necessary to protect privileged or confidential information, the hearings of the Discipline Committee are open to the public.

The following provision is not in force.

Marginal note:Parties

 The Investigations Committee and the licensee are parties to the application.

The following provision is not in force.

Marginal note:Right of complainant to make submissions

 If the application results from a complaint, the complainant is entitled to make oral and written submissions to the Discipline Committee.

The following provision is not in force.

Marginal note:Powers

  •  (1) The Discipline Committee has the power

    • (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the application, in the same manner and to the same extent as a superior court of record;

    • (b) to administer oaths; and

    • (c) to accept any evidence, whether admissible in a court of law or not.

  • Marginal note:Privileged information

    (2) The Discipline Committee may take any action referred to in subsection (1) with respect to information that is privileged.

The following provision is not in force.

Marginal note:Powers before decision

  •  (1) Before making a decision under section 57, the Discipline Committee may take any action referred to in any of paragraphs 57(3)(a) to (c) if the Discipline Committee is satisfied that it is necessary for the protection of the public.

  • Marginal note:Action is provisional

    (2) Any action taken under subsection (1) is provisional and ceases to have effect

    • (a) after the decision on the application is made, unless the action is confirmed in the decision; or

    • (b) if the application is withdrawn.

The following provision is not in force.

Marginal note:Decision on application

  •  (1) After the hearing of an application, the Discipline Committee must decide whether the licensee has committed professional misconduct or was incompetent.

  • Marginal note:No professional misconduct or incompetence

    (2) If the Discipline Committee decides that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the application.

  • Marginal note:Professional misconduct or incompetence

    (3) If the Discipline Committee decides that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision,

    • (a) impose conditions on a licence of the licensee;

    • (b) impose restrictions on the licensee’s entitlement to represent persons under section 27 or 30;

    • (c) suspend a licence of the licensee for a period of not more than two years or until specified conditions are met, or both;

    • (d) revoke a licence of the licensee;

    • (e) reprimand the licensee;

    • (f) require the licensee to pay a penalty of not more than $10,000 to the College;

    • (g) require the licensee to pay to the College or any complainant all or a portion of the costs incurred by them during the application before the Committee;

    • (h) require the licensee to reimburse all or a portion of the fees or disbursements paid to the licensee by a client; and

    • (i) take or require any other action that the Committee considers appropriate in the circumstances.

  • Marginal note:Decision and reasons in writing

    (4) The Discipline Committee must give its decision and the reasons for it in writing.

  • Marginal note:Decision and reasons available to public

    (5) A decision and the reasons for it, other than any privileged and confidential information contained in the decision or reasons, must be made available to the public on the College’s website.

The following provision is not in force.

Marginal note:Notice to Registrar

  •  (1) The Discipline Committee must provide a copy of every decision made under section 57 to the Registrar.

  • Marginal note:Notice to licensees — revocation or suspension

    (2) The Registrar must notify all licensees of every decision made under subsection 57(3) to revoke or suspend a licence.

  • Marginal note:Notice to licensees — dismissal of application

    (3) The Registrar must, if requested by the licensee who was the subject of an application to the Discipline Committee that was dismissed, notify all licensees of the dismissal.

 
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