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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

Prohibitions and Offences (continued)

The following provision is not in force.

Marginal note:Unauthorized representation before Office of the Registrar of Trademarks

  •  (1) Subject to subsection (2) and the regulations, a person must not represent another person in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks.

  • Marginal note:Exception

    (2) Subsection (1) does not apply to a trademark agent whose licence is not suspended, to legal counsel who is providing legal services as authorized by law or to a person who is part of a class of persons exempted under the regulations.

  • 2018, c. 27, s. 247 “71”
  • 2014, c. 20, s. 366(E)
The following provision is not in force.

Marginal note:Regulations

 The Governor in Council may make regulations exempting an activity, a class of persons or an activity that is performed by a class of persons from the application of subsection 70(1) or 71(1).

The following provision is not in force.

Marginal note:Offence and punishment — section 70 or 71

  •  (1) Every person who contravenes section 70 or 71 is guilty of an offence and liable on summary conviction

    • (a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both; and

    • (b) for a second or subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both.

  • Marginal note:Due diligence

    (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.

The following provision is not in force.

Marginal note:Injunction

 On application by the College, if the Federal Court is satisfied that a contravention of section 67, 68, 70 or 71 is being or is likely to be committed, the Court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the Court considers appropriate.

By-laws and Regulations

Marginal note:By-laws

  •  (1) The Board may make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws

    • (a) respecting the election of directors, the terms of elected directors and their removal;

    • (b) establishing ineligibility criteria for the purposes of subparagraphs 14(f)(ii) and 17(h)(iii);

    • (c) respecting the filling of vacancies caused by the temporary absence or incapacity of elected directors;

    • (d) respecting the remuneration and expenses of directors;

    • (e) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties;

    • (f) respecting the duties and functions of the Board and the meetings of the Board, including quorum;

    • (g) respecting the conflicts of interest of directors, members of the Investigations Committee and members of the Discipline Committee;

    • (h) respecting the duties and functions of the Registrar;

    • (i) respecting the maintenance of the Register of Patent Agents and the Register of Trademark Agents and information that is required to be included in those Registers;

    • (j) respecting the classes of firm in connection with which a licensee may work as a licensee;

    • (k) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees;

    • (l) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees, including any fee for the late payment of another fee;

    • (m) establishing the time within which and the manner in which any fees or other amounts are to be paid;

    • (n) respecting the information and documents that licensees must provide to the College;

    • (o) respecting continuing professional development requirements for licensees;

    • (p) respecting requirements for licensees to do pro bono work;

    • (q) respecting the professional liability insurance that licensees are required to maintain;

    • (r) exempting licensees from the requirement to be insured against professional liability;

    • (s) respecting the suspension and revocation of licences under section 35;

    • (t) respecting the surrender of licences and applications for a surrender; and

    • (u) respecting the notification of licensees under section 38.

  • Marginal note:Different treatment

    (2) The by-laws made under paragraphs (1)(j) to (u) may distinguish among classes of licensees or licences.

  • Marginal note:For greater certainty

    (3) For greater certainty, by-laws made under paragraphs (1)(j) to (u) are regulations for the purposes of the Statutory Instruments Act.

  • 2018, c. 27, s. 247 “75”
  • 2014, c. 20, s. 366(E)

Marginal note:Regulations — Governor in Council

  •  (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

    • (a) respecting the Investigations Committee, the Discipline Committee and other committees of the College, including the composition of those committees, the eligibility for membership in them, the terms of the members and their removal;

    • (b) respecting the reports and information that must be provided or submitted to the Minister;

    • The following provision is not in force.

      (c) respecting conditions to be imposed on licences or classes of licences;

    • The following provision is not in force.

      (d) respecting the requirements that individuals or classes of individuals must meet under section 26 or 29, including requirements in relation to qualifying examinations and in relation to fees with respect to qualifying examinations;

    • The following provision is not in force.

      (e) respecting what constitutes representation for the purposes of sections 27 and 70 or for the purposes of sections 30 and 71;

    • The following provision is not in force.

      (f) respecting restrictions on the entitlement of licensees or classes of licensees to provide representation under section 27 or 30;

    • (g) respecting the information to be included in the Register of Patent Agents or the Register of Trademark Agents;

    • The following provision is not in force.

      (h) respecting the sealing of documents and other things and objections under section 46, including in relation to notifications, the identification of sealed packages, applications to the Federal Court and the retention, opening and return of sealed packages; and

    • The following provision is not in force.

      (i) respecting the determination of the applicable periods referred to in subsection 47(1).

  • Marginal note:Authorization

    (2) Regulations made under paragraphs (1)(c), (d), (f) and (g) may authorize the College to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.

  • Marginal note:Regulations — sealed packages

    (3) Regulations made under paragraph (1)(h) may authorize the Federal Court to make orders respecting the retention, opening or return of sealed packages.

  • 2018, c. 27, s. 247 “76”
  • 2014, c. 20, s. 366(E)

Marginal note:Regulations prevail

 The regulations prevail over the by-laws to the extent of an inconsistency or conflict between them.

Transitional Provisions

Marginal note:Definition of coming-into-force day

 In sections 79 to 86, coming-into-force day means the day on which section 13 comes into force.

 
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