College of Patent Agents and Trademark Agents Act

Marginal note:By-laws

• 75 (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 among 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;

  • (f.1) respecting the creation of committees;

  • (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;

  • (i.1) defining the terms “professional misconduct” and “incompetence” for the purposes of this Act;

  • (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;

  • (t.1) prescribing the circumstances in which the Registrar must not dismiss a complaint or the reasons for which the Registrar must not dismiss a complaint;

  • (t.2) respecting the form and manner in which the Registrar may dismiss a complaint; and

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

• Marginal note:Different treatment

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

• Marginal note:For greater certainty

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