67. Paragraph 65(j) of the Act is replaced by the following:

68. Section 66 of the Act is replaced by the following:

• 69. (1) Paragraphs 70(1)(a) and (b) of the 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

  • (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.

• (2) Subsection 70(2) of the Act is replaced by the following:

  • Marginal note:Regulations

    (2) For greater certainty, a regulation made under section 65 applies to an application referred to in subsection (1), unless the regulation provides otherwise.

Coordinating Amendments

Marginal note:2014, c. 20

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

• (2) If section 366 of the other Act comes into force before the day on which this Act receives royal assent, then section 66 of the English version of this Act and the heading before it are amended by replacing “trade-mark” with “trademark”, with any grammatical adaptations.

• (3) If section 366 of the other Act comes into force on the day on which this Act receives royal assent, then this Act is deemed to have received royal assent before that section 366 comes into force.

• (4) If section 67 of this Act comes into force on the same day as section 357 of the other Act, then that section 357 is deemed to have come into force before that section 67.

• (5) If subsection 367(99) of the other Act produces its effects before subsection 69(1) of this Act comes into force, then that subsection 69(1) is replaced by the following:

  • 69. (1) Paragraphs 70(1)(a) and (b) of the 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, 29 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 to 29.1 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

    • (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.

• (6) If subsection 69(1) of this Act comes into force before subsection 367(99) of the other Act has produced its effects, then that subsection 367(99) is replaced by the following:

  • (99) On the first day on which both section 359 of this Act and section 28 of the other Act are in force, subsection 70(1) of the Trademarks Act is replaced by the following:

    Marginal note:Application advertised

    • 70. (1) An application for registration that has been advertised under subsection 37(1) before the day on which section 342 of the Economic Action Plan 2014 Act, No. 1 comes into force shall be dealt with and disposed of in accordance with

      • (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, 29 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 to 29.1 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

      • (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.

• (7) If subsection 69(1) of this Act comes into force on the day on which subsection 367(99) of the other Act produces its effects, then

  • (a) that subsection 69(1) is deemed never to have come into force and is repealed; and

  • (b) paragraphs 70(1)(a) and (b) of the Trademarks 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, 29 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 to 29.1 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

    • (c) section 66, as enacted by the Economic Action Plan 2015 Act, No. 1.

Marginal note:2014, c. 39

• 71. (1) In this section, “other Act” means the Economic Action Plan 2014 Act, No. 2.

• (2) If section 46 of this Act comes into force before section 109 of the other Act, then that section 109 is repealed.

• (3) If section 109 of the other Act comes into force before section 46 of this Act, then that section 46 is replaced by the following:

  46. Section 21 of the Act is replaced by the following:

  Marginal note:Time period extended

  • 21. (1) If a time period fixed under this Act for doing anything ends on a prescribed day or a day that is designated by the Minister, that time period is extended to the next day that is not a prescribed day or a designated day.

  • Marginal note:Power to designate day

    (2) The Minister may, on account of unforeseen circumstances and if the Minister is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Minister shall inform the public of that fact on the website of the Canadian Intellectual Property Office.

• (4) If section 46 of this Act comes into force on the same day as section 109 of the other Act, then that section 109 is deemed never to have come into force and is repealed.

• (5) If sections 48 and 49 of this Act come into force on the same day as section 112 of the other Act, then that section 112 is deemed to have come into force before those sections 48 and 49.

• (6) If subsection 53(2) of this Act comes into force on the same day as subsection 118(4) of the other Act, then that subsection 118(4) is deemed to have come into force before that subsection 53(2).

• (7) If section 58 of this Act comes into force on the same day as section 131 of the other Act, then that section 131 is deemed to have come into force before that section 58.

• (8) If section 59 of this Act comes into force on the same day as section 136 of the other Act, then that section 136 is deemed to have come into force before that section 59.

• (9) If subsection 62(1) of this Act comes into force on the same day as subsection 137(1) of the other Act, then that subsection 137(1) is deemed to have come into force before that subsection 62(1).

• (10) If section 140 of the other Act comes into force before subsection 62(1) of this Act, then, on the day on which that subsection 62(1) comes into force, section 78.52 of the Patent Act is amended by adding the following after subsection (1):

  • Marginal note:Abandonment — notice after coming-into-force date

    (1.1) If, on or after the day on which subsection 62(1) of the Economic Action Plan 2015 Act, No. 1 comes into force, an applicant fails to pay the prescribed fees stated to be payable in a notice of allowance of patent given before that day but after the coming-into-force date, paragraph 73(1)(f) as it read immediately before the day on which that subsection 62(1) comes into force applies in respect of any abandonment resulting from the failure.

• (11) If section 64 of this Act comes into force on the same day as section 139 of the other Act, then that section 139 is deemed to have come into force before that section 64.

• (12) If section 65 of this Act comes into force on the same day as sections 129, 136 and 139 of the other Act, then those sections 129, 136 and 139 are deemed to have come into force before that section 65.

Coming into Force

Marginal note:Order in council — Industrial Design Act

• 72. (1) Sections 44, 45 and 47 to 49 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 102 to 113 of the Economic Action Plan 2014 Act, No. 2 come into force.

• Marginal note:Order in council — Patent Act

  (2) Sections 50 to 53, 55 to 62, 64 and 65 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which sections 114 to 141 of the Economic Action Plan 2014 Act, No. 2 come into force.

• Marginal note:Order in council — Trade-marks Act

  (3) Section 67 and subsection 69(2) come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day on which section 357 of the Economic Action Plan 2014 Act, No. 1 comes into force.

• Marginal note:Order in council — sections 46, 63 and 68

  (4) Sections 46, 63 and 68 come into force on a day or days to be fixed by order of the Governor in Council.

• Marginal note:Twelve months after royal assent

  (5) Sections 54 and 66 come into force 12 months after the day on which this Act receives royal assent.

• Marginal note:Subsection 69(1)

  (6) Subsection 69(1) comes into force on the first day on which both section 359 of the Economic Action Plan 2014 Act, No. 1 and section 68 are in force.

Division 4Compassionate Care Leave and Benefits

R.S., c. L-2Canada Labour Code

• 73. (1) The portion of subsection 206.3(2) of the Canada Labour Code before paragraph (a) is replaced by the following:

  • Marginal note:Entitlement to leave

    (2) Subject to subsections (3) to (8), every employee is entitled to and shall be granted a leave of absence from employment of up to 28 weeks to provide care or support to a family member of the employee if a qualified medical practitioner issues a certificate stating that the family member has a serious medical condition with a significant risk of death within 26 weeks from

• (2) Subparagraph 206.3(3)(b)(ii) of the Act is replaced by the following:

  • (ii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• (3) Section 206.3 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsection (3), for leave under this section to be taken after the end of the period of 26 weeks set out in subsection (2), it is not necessary for a qualified medical practitioner to issue an additional certificate under that subsection.

• (4) Subsection 206.3(7) of the Act is replaced by the following:

  • Marginal note:Aggregate leave — more than one employee

    (7) The aggregate amount of leave that may be taken by two or more employees under this section in respect of the care or support of the same family member shall not exceed 28 weeks in the period referred to in subsection (3).

1996, c. 23Employment Insurance Act

• 74. (1) Paragraph 12(3)(d) of the Employment Insurance Act is replaced by the following:

  • (d) because the claimant is providing care or support to one or more family members described in subsection 23.1(2) is 26; and

• (2) Subsection 12(4.1) of the Act is replaced by the following:

  • Marginal note:Maximum — compassionate care benefits

    (4.1) Even if more than one claim is made under this Act, at least one of which is made under section 23.1 — or even if more than one certificate is issued for the purposes of this Act, at least one of which is issued for the purposes of section 23.1 — for the same reason and in respect of the same family member, the maximum number of weeks of benefits payable under this Act in respect of that family member is 26 weeks during the period of 52 weeks that begins on the first day of the week referred to in paragraph 23.1(4)(a).

• 75. (1) Subparagraph 23.1(4)(b)(iii) of the Act is replaced by the following:

  • (iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• (2) Section 23.1 of the Act is amended by adding the following after subsection (4):

  • Marginal note:Certificate not necessary

    (4.1) For greater certainty, but subject to subsections (4) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (2)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (2).

• (3) Subsections 23.1(8) and (8.1) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (8) If a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under this section or section 152.06 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 152.06 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by those claimants.

  • Marginal note:Maximum number of weeks that can be divided

    (8.1) For greater certainty, if, in respect of the same family member, a claimant makes a claim for benefits under this section and another claimant makes a claim for benefits under section 152.06, the total number of weeks of benefits payable under this section and section 152.06 that may be divided between them may not exceed 26 weeks.

76. Section 50 of the Act is amended by adding the following after subsection (8):

• 77. (1) Subparagraph 152.06(3)(b)(iii) of the Act is replaced by the following:

  • (iii) the period of 52 weeks following the first day of the week referred to in paragraph (a) ends.

• (2) Section 152.06 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Certificate not necessary

    (3.1) For greater certainty, but subject to subsections (3) and 50(8.1), for benefits under this section to be payable after the end of the period of 26 weeks set out in paragraph (1)(a), it is not necessary for a medical doctor to issue an additional certificate under subsection (1).

• (3) Subsections 152.06(7) and (8) of the Act are replaced by the following:

  • Marginal note:Division of weeks of benefits

    (7) If a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under this section or section 23.1 in respect of the same family member, any remaining weeks of benefits payable under this section, under section 23.1 or under both those sections, up to a maximum of 26 weeks, may be divided in the manner agreed to by the self-employed person and the other person. If they cannot agree, the weeks of benefits are to be divided in accordance with the prescribed rules.

  • Marginal note:Maximum number of weeks that can be divided

    (8) For greater certainty, if, in respect of the same family member, a self-employed person makes a claim for benefits under this section and another person makes a claim for benefits under section 23.1, the total number of weeks of benefits payable under this section and section 23.1 that may be divided between them may not exceed 26 weeks.