Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Marginal note:2014, c. 39 and 2015, c. 36

• 260 (1) The following definitions apply in this section.

  first Act

  first Act means the Economic Action Plan 2014 Act, No. 2. (première loi)

  second Act

  second Act means the Economic Action Plan 2015 Act, No. 1. (deuxième loi)

• (2) On the first day on which both section 139 of the first Act and section 251 of this Act are in force,

  • (a) paragraph 78.22(b) of the Patent Act is amended by striking out the reference to “15” and by making any grammatical changes that the circumstances require; and

  • (b) section 64 of the second Act, if it is not in force on that day, is amended by striking out the reference to “15” in the paragraph 78.22(b) that it enacts and by making any grammatical changes to that paragraph that the circumstances require.

• (3) If subsection (2) produces its effects on the day on which section 64 of the second Act comes into force, then that section 64 is deemed to have come into force before that subsection produces its effects.

• (4) On the first day on which section 139 of the first Act is in force and either section 205 of this Act is in force or subsection 210(6) of this Act has produced its effects,

  • (a) paragraph 78.22(b) of the Patent Act is amended by striking out the reference to “15.1” and by making any grammatical changes that the circumstances require; and

  • (b) section 64 of the second Act, if it is not in force on that day, is amended by striking out the reference to “15.1” in the paragraph 78.22(b) that it enacts and by making any grammatical changes to that paragraph that the circumstances require.

• (5) If subsection (4) produces its effects on the day on which section 64 of the second Act comes into force, then that section 64 is deemed to have come into force before that subsection produces its effects.

Marginal note:2014, c. 20

• 261 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.

• (2) If section 255 of this Act comes into force before section 338 of the other Act, then that section 338 is repealed.

• (3) If section 338 of the other Act comes into force on the same day as section 255 of this Act, then that section 338 is deemed to have come into force before that section 255.

• (4) If section 357 of the other Act comes into force before subsection 258(1) of this Act, then that subsection 258(1) is replaced by the following:

  • 258 (1) Paragraph 65(f) of the Act is repealed.

• (5) If subsection 258(1) of this Act comes into force before section 357 of the other Act, then that section 357 is amended by repealing the paragraph 65(f) that it enacts.

• (6) If section 357 of the other Act comes into force on the same day as subsection 258(1) of this Act, then that section 357 is deemed to have come into force before that subsection 258(1) and subsection (4) applies as a consequence.

Marginal note:2014, c. 20 and c. 32

• 262 (1) The following definitions apply in this section.

  first Act

  first Act means the Economic Action Plan 2014 Act, No. 1. (première loi)

  second Act

  second Act means the Combating Counterfeit Products Act. (deuxième loi)

• (2) If section 357 of the first Act comes into force on or before the day on which subsection 258(2) of this Act comes into force, then

  • (a) that subsection 258(2) is deemed never to have come into force and is repealed; and

  • (b) paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;

• (3) If subsection 50(3) of the second Act comes into force on or before the day on which subsection 258(2) of this Act comes into force and section 357 of the first Act is not in force on that day, then

  • (a) that subsection 258(2) is deemed never to have come into force and is repealed;

  • (b) section 65 of the Trade-marks Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (g) communications between the Registrar and any other person.

  • (c) on the day on which section 357 of the first Act comes into force, paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;

• (4) If subsection 258(2) of this Act comes into force before section 357 of the first Act and subsection 50(3) of the second Act, then

  • (a) that subsection 50(3) is repealed;

  • (b) subsections 367(85) and (86) of the first Act are repealed; and

  • (c) on the day on which that section 357 comes into force, paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;

Marginal note:2015, c. 36

• 263 (1) In this section, other Act means the Economic Action Plan 2015 Act, No. 1.

• (2) If subsection 70(7) of the other Act produces its effects before section 255 of this Act comes into force, then

  • (a) paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:

    • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;

    • (b) the definition Nice Classification in section 2, subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1; and

  • (b) on the day on which that section 255 comes into force, paragraph 70(1)(b) of the Trade-marks Act is replaced by the following:

    • (b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;

• (3) If section 255 of this Act comes into force before subsection 70(7) of the other Act produces its effects, then, on the day on which that subsection 70(7) produces its effects, paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:

  • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), section 36, subsections 38(6) to (8) and sections 39, 40 and 66;

  • (b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;

• (4) If subsection 70(7) of the other Act produces its effects on the same day as section 255 of this Act comes into force, then paragraphs 70(1)(a) and (b) of the Trade-marks Act are replaced by the following:

  • (a) the provisions of this Act as they read immediately before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force, other than subsections 6(2) to (4), sections 28 and 36, subsections 38(6) to (8) and sections 39, 40 and 66;

  • (b) the definition Nice Classification in section 2, subsections 6(2) to (4), section 36, subsections 38(6) to (12), sections 39 and 40 and subsections 48(3) and (5), as enacted by the Economic Action Plan 2014 Act, No. 1;