College of Patent Agents and Trademark Agents Act

Marginal note:Initial organization of board

• 79 (1) Before the coming-into-force day, the College’s board of directors is to be composed of five directors appointed by the Minister of Industry.

• Marginal note:Appointment on recommendation

  (2) Two of the directors are to be appointed on the recommendation of the Intellectual Property Institute of Canada, with one to be an individual whose name is on the register kept under section 15 of the Patent Act and the other to be an individual whose name is on the list of trade-mark agents kept under section 28 of the Trade-marks Act.

• Marginal note:Chairperson

  (3) The Minister of Industry must designate a Chairperson from among the directors.

• Marginal note:Deemed election or appointment

  (4) The directors appointed on the recommendation of the Intellectual Property Institute of Canada who hold office on the coming-into-force day are deemed to have been elected under subsection 13(5) on that day, for a term that ends on the earlier of the day on which the first election is held under that subsection and the first anniversary of the coming-into-force day. The other directors who hold office on the coming-into-force day are deemed to have been appointed under subsection 13(3) on that day for a term that ends on the first anniversary of that day.

• Marginal note:For greater certainty

  (5) For greater certainty, section 17 applies as of the coming-into-force day with respect to directors who are deemed to be elected or appointed under subsection (4).

• Marginal note:Removal for cause

  (6) Before the coming-into-force day, a director appointed under subsection (1) may be removed for cause by the Minister of Industry.

• Marginal note:Remuneration

  (7) Before the coming-into-force day, the College may pay the remuneration and expenses that it fixes to the directors.

• Marginal note:Reference to the Board

  (8) Any reference in this Act to the Board is, until the coming-into-force day, a reference to the board of directors as constituted under this section.