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COLLEGE OF PATENT AGENTS AND TRADEMARK AGENTS ACTBy-laws of the College of Patent Agents and Trademark AgentsThe Board of Directors of the College of Patent Agents and Trademark Agents makes the annexed By-laws of the College of Patent Agents and Trademark Agents undersection 75a, subsection 76(2)b and sections 87c and 88c of the College of Patent Agents and Trademark Agents Actd; andS.C. 2022, c. 10, s. 291S.C. 2022, c. 10, s. 292S.C. 2022, c. 10, s. 293S.C. 2018, c. 27, s. 247; S.C. 2014, c. 20, s. 366(1)section 18 of the College of Patent Agents and Trademark Agents Regulationse.SOR/2021-129Ottawa, April 4, 2023Le président du Conseil d’administration du Collège des agents de brevets et des agents de marques de commerce,Thomas G. ConwayChairperson, Board of DirectorsCollege of Patent Agents and Trademark Agents
Interpretation
DefinitionsThe following definitions apply in these By-laws.Act means the College of Patent Agents and Trademark Agents Act. (Loi)CEO means the individual appointed by the Board under section 23 of the Act. (premier dirigeant)CIPO means the Canadian Intellectual Property Office and includes the Patent Office and the Office of the Registrar of Trademarks. (OPIC)class 1 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is not a class 2 or class 4 licence. (permis de catégorie 1)class 2 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is subject to the restriction set out in section 47. (permis de catégorie 2)class 3 licence means a patent agent in training licence issued under subsection 26(2) of the Act or a trademark agent in training licence issued under subsection 29(2) of the Act. (permis de catégorie 3)class 4 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act, to an individual who is not practising as a patent agent or a trademark agent and who is not providing any services in that capacity to the public or in connection with their employment. (permis de catégorie 4)Code means the Code of Professional Conduct for Licensees established under subsection 33(1) of the Act. (Code)foreign practitioner means an individual who is described in subsection 19(1) or 20(1) of the Regulations. (praticien étranger)professional regulatory body means a body that has a statutory duty to regulate a profession, other than under the Act. (organisme de réglementation professionnelle)Register means the Register of Patent Agents, referred to in section 28 of the Act, or the Register of Trademark Agents, referred to in section 31 of the Act. (registre)Regulations means the College of Patent Agents and Trademark Agents Regulations. (Règlement)supervisor means an individual who is authorized under section 64 to act as the supervisor of a class 3 licensee. (superviseur)
Definition of incompetenceFor the purposes of the Act, incompetence means the failure of a licensee to apply relevant knowledge, skills or judgment in a manner consistent with the standards of competence set out in the Code while practising as a patent agent or trademark agent.Definition of professional misconductFor the purposes of the Act, professional misconduct means conduct by a licensee that is inconsistent with the standards of professional conduct set out in the Code and that would reasonably be regarded as unprofessional or that may discredit the profession and includes any of the following:contravening the Act, the Regulations, these By-laws or the Code;exhibiting behaviour while practising as a patent agent or trademark agent that tends to bring discredit to the profession or undermines public confidence in it;being convicted of or pleading guilty to an offence described in paragraph 73(d); andbeing found by a professional regulatory body to have committed professional misconduct or to be incompetent, incapacitated or unfit to practise within the meaning of the statute under which the body made its finding.
Organization of the CollegeFiscal Year
Fiscal yearThe fiscal year of the College begins on January 1 and ends on December 31 of the same calendar year.
Annual General Meeting
Notice of meetingAt least 60 days before the day on which the annual general meeting is to take place, the CEO must give public notice of the meeting that sets out the date of the meeting, the means of attendance and, if applicable, the location.
AgendaThe agenda for an annual general meeting must include the following items:the CEO’s presentation of the College’s annual report and audited financial statements;the Chairperson’s address to the meeting;questions from the licensees to the Board; andany additional matter that the Board adds to the agenda.
Board of Directors
Duties of BoardThe Board has the following duties on behalf of the College:on an annual basis, appoint an independent auditor to audit the accounts of the College and approve the audited financial statements;monitor the College’s financial performance;designate any bank listed in Schedule I to the Bank Act as a bank for the College;ensure multi-year financial planning by approving the College’s budgets in advance of each fiscal year;establish and publish an investment policy and appoint an investment dealer, on the recommendation of the CEO;approve terms of reference and a skills matrix for committees of the College;in accordance with the Board’s policies, consult with any working groups that the Board establishes to assist with its duties and functions; andensure that the College’s and CEO’s actions are compliant with all legal requirements.Duties of Board — CEOThe Board has the following duties with respect to the CEO:provide direction to the work of the CEO by establishing performance expectations, providing regular performance reviews and undertaking succession planning;develop standards, principles and regulatory objectives;establish working groups to assist the CEO in carrying out the CEO’s work;monitor the performance of the CEO and of the working groups; andoversee the CEO’s effectiveness with respect to engagement with members and with the public.
RemunerationThe College must pay to each director the remuneration set out in Schedule 2.Reimbursement of expensesEvery director is entitled to the reimbursement of reasonable expenses that they incur in performing their duties and functions as directors.
Term of office of elected directorsThe term of office of each elected director begins at the conclusion of the first annual general meeting following their election and ends on the earlier ofthe day after the third anniversary of the day on which the term began, andthe conclusion of the fourth annual general meeting following their election.
Election of Directors
Election process to be publishedThe Board must publish the process for the election of directors on the College’s website.
Distribution of elected directorsThe number of directors elected to the Board is to be divided evenly between patent agents and trademark agents.
VacanciesEach year, the CEO determines if any elected director positions will be vacant at the conclusion of the next annual general meeting. If any positions will be vacant, an election must be held before that meeting to elect the appropriate number of patent agents and trademark agents to satisfy the requirements of section 10.
Election CommissionerThe Board must, on the recommendation of the CEO, appoint an Election Commissioner to address any issues that arise concerning the election process, including to rule onany dispute concerning the ineligibility of a nominee; andany other dispute that arises during the election period or regarding the election results.No review by BoardA ruling of the Election Commissioner is not reviewable by the Board.
Ineligibility criteriaFor the purposes of subparagraphs 14(f)(ii) and 17(h)(iii) of the Act, an individual is not eligible to be an elected director ifin the five years immediately before the day of the election, they have been found to have committed professional misconduct or to be incompetent by the Discipline Committee;in the five years immediately before the day of the election, they have been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding;they are the subject of an action taken by the Investigations Committee under subsection 37.1(1) of the Act;they are the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act;they have already served as a director for a period of six years and, on the date of the election, less than two years have elapsed since the end of that period;they are employed by a department, as defined in section 2 of the Financial Administration Act;they have not provided the CEO with a declaration regarding conflicts of interest; orthey have not attended an orientation for prospective candidates for election.
Conflict of interestAn individual must not be appointed or elected or continue as a director if doing so would place them in a conflict of interest.
Confirmation of nominationsThe CEO must confirm the eligibility of every nominee to become a candidate for election as a director in accordance with the criteria set out in section 14 of the Act and sections 13 and 14 of these By-laws.Disputes about eligibilityThe CEO must refer any dispute about the eligibility of a nominee to the Election Commissioner, who will make a decision regarding the nominee’s eligibility on the basis of the CEO’s reasons and a submission from the nominee.Equal number of eligible nominees and positionsIf, at the end of the nominations period, the number of eligible nominees for election is less than or equal to the number of vacant director positions, the CEO is to declare those nominees elected and notify the nominees and the members accordingly.
Notice of withdrawal by candidateA candidate who withdraws from an election must give notice to the CEO in writing.
VotingA licensee whose licence is not suspended is eligible to vote in an election for directors.Electronic votingVoting during an election of directors is to be done by electronic means.
Disputes concerning election resultsIf a candidate asserts that there are reasonable grounds to dispute the validity of the election results, the candidate may file a notice of dispute with the Election Commissioner that must include the procedural defect being alleged.Time limit for filingThe notice of dispute must be filed within five days after the day on which the election results are published on the College’s website.Inquiry by Election CommissionerThe Election Commissioner must hold an inquiry if they find that the notice of dispute demonstrates reasonable grounds to doubt the validity of the election process.Report and recommendationsThe Election Commissioner must prepare a written report of their findings and recommendations and submit it to the Board.
Declaration by BoardThe Board may, after reviewing the Election Commissioner’s report and recommendations, take either of the following actions:declare the election result to be valid; ordeclare the election result to be invalid anddeclare another candidate to have been elected, ordirect that another election be held.Minor procedural defectAn election result is not invalid based solely on a minor procedural defect.
Removal — elected directorsThe directors may, by resolution, remove an elected director from office for cause ifa motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; andnotice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.Removal — appointed directorsThe directors may, by resolution, request that the Minister remove an appointed director from office for cause ifa motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; andnotice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.
Ineligibility due to absencesAn elected director who, without a valid reason, is absent from two consecutive Board meetings has met the ineligibility criteria for the purpose of subparagraph 17(h)(iii) of the Act.
Board Meetings
Frequency of meetingsThe Board is to meet at least four times each year. The Board sets the location of the meeting or the electronic means to be used in order to hold the meeting.Electronic meansA Board meeting held by electronic means must be conducted by any means that permits all persons who are participating in the meeting to communicate with each other simultaneously.
QuorumThe quorum for a Board meeting is five directors.
Rules of orderThe Board must adopt rules of order for the conduct of its meetings.
Notice of meetingAt least seven days before a Board meeting, the CEO must publish on the College’s websitethe agenda and any meeting materials that are not confidential; andany information that enables the public to participate in the meeting, including how to access the meeting if it is to be held by electronic means.Failure to publish noticeFailure of the CEO to publish the notice does not invalidate the meeting.
AgendaThe agenda for a Board meeting must relate only to the Board’s work.
Simple majoritySubject to sections 20 and 34, a motion or resolution tabled at a Board meeting is decided by a majority vote of the directors who are in attendance at the meeting.
AdjournmentsThe Chairperson may, with the consent of a majority of directors who are in attendance at a meeting, adjourn the meeting to a fixed time and place.
In camera meetingsThe Board may exclude the public from a Board meeting to discuss any matter if the Board is of the opinion that the harm of public disclosure of the matter under consideration outweighs the benefits of open discussion and attendance by the public.In camera meetings — exclusion of CEOThe Board may exclude the CEO from an in camera meetingto consider the CEO’s appointment, reappointment, dismissal, performance or terms of office; orto provide an opportunity for the directors to discuss matters relevant only to directors.
Special Board meetings — noticeThe Chairperson, or any three directors, may call a special Board meeting to be held by electronic means by providing at least 24 hours’ written notice to the CEO.Receipt of noticeAs soon as feasible after receiving the notice, the CEO mustadvise the directors and the public of the reason for the meeting, the date and time when it will be held, and the electronic means for participating in the meeting; andpublish on the College’s website the agenda and any meeting materials that are not confidential.Failure to publishFailure of the CEO to publish the notice does not invalidate the meeting.
Officers
Chairperson and CEOThe Chairperson and the CEO are the officers of the College.CEOThe CEO serves ex officio and does not have a vote at Board meetings.
Duties of ChairpersonThe Chairperson has the following duties:carry out the College’s business;act as the spokesperson for the Board; andparticipate in the Board’s decision-making.
Election of ChairpersonThe Board is to elect a Chairperson from among the directors, for a term of two years.Vacancy — ChairpersonIf the office of Chairperson becomes vacant before the end of the two-year term, the Board is to elect a replacement Chairperson, to hold office until the end of the original term, at which time an election to fill the position must be held.
Removal of ChairpersonThe directors may, by resolution, remove the Chairperson from office ifa motion is made to remove the Chairperson and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; andnotice of the intention to make the motion is provided to the Board and the Chairperson at least two weeks in advance of the vote on the motion.
Vice-chairpersonThe Board may elect a Vice-chairperson from among the directors, on a temporary basis for a term to be specified by the Chairperson at the time of the election.Duties of Vice-chairpersonA Vice-chairperson has the following duties:perform the duties of the Chairperson when the Chairperson is absent or otherwise unavailable to act; andcarry out any other duties and responsibilities that are assigned by the Board.
Duties of CEOThe CEO has the following duties:provide leadership, support and strategic advice to the Board to assist the Board in meeting its obligations and objectives;manage, coordinate and maintain the College’s operations, administration, finances and organization;develop operational and management policies for the College;counsel and assist the Board and committees in carrying out their assigned functions;assist the Board in complying with all relevant legislation and policies;administer the election process for the election of directors, includingeach year, determining whether an election is needed,confirming the eligibility of nominees to become candidates for election, andpublishing the dates of elections on the College’s website;engage, direct and supervise employees and contractors of the College and develop succession plans for College staff and contracted functions;maintain accurate minutes of Board meetings and have them approved by the Board and maintained by the College;act as the spokesperson for the College;when the College submits its annual report to the Minister, make public the amounts paid to directors and committee members as remuneration and expense reimbursements; andperform all other duties and functions that are assigned by the Board.
Deputy CEOThe Board may appoint a Deputy CEO, who serves as acting CEO during the CEO’s absence.Vacancy of both CEO and Deputy CEOIf the office of CEO becomes vacant and there is no Deputy CEO, the Board must appoint an individual to serve as acting CEO until a new CEO is appointed.
Registrar
Duties of RegistrarThe Registrar has the following duties:establish regulatory policies, either on their own initiative or at the request of the Board or a committee, and publish them on the College’s website; andperform all other duties and functions that are assigned by the Board or under the Act, the Regulations or these By-laws.
Deputy RegistrarThe Board must appoint a Deputy Registrar, who serves as acting Registrar during the Registrar’s absence.Vacancy of both Registrar and Deputy RegistrarIf the office of Registrar becomes vacant and there is no Deputy Registrar, the Board must appoint an individual to serve as acting Registrar until a new Registrar is appointed.
Committees
Committees createdThe following committees are created:the Registration Committee;the Governance Committee; andthe Audit and Risk Committee.
Registration CommitteeThe Registration Committee is created to, among other things,set the standards for the qualifying examinations and the evaluation of licensees; andreview the Registrar’s licensing decisions when a request is made under section 66.
Governance CommitteeThe Governance Committee examines governance practices, including Board practices and performance, and makes recommendations to the Board.
Audit and Risk CommitteeThe Audit and Risk Committee assists the Board in fulfilling its fiduciary obligations or obligations of loyalty and good faith and its oversight responsibilities relating to financial planning and reporting, the audit process, the system of corporate controls and risk management and, when required, makes recommendations to the Board.
Remuneration of committee membersThe College must pay to each member of a committee the remuneration set out in Schedule 2.Reimbursement of expensesEvery committee member is entitled to reimbursement of reasonable expenses that they incur while performing their duties and functions as committee members.
LicensingApplicationsClass 1 Licence
ApplicationAn applicant for a class 1 licence must submit an application to the Registrar that contains the following information:their name, address, telephone number and email address;proof that they are resident in Canada;their complete professional employment history;proof that they successfully completed the applicable agent training program and the qualifying examinations;proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;a declaration that the applicant will, when licensed, practise with integrity, uphold the independence of the profession and comply with the Code; andany other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.Timing and application feeThe application must be submitted to the Registrar within six months after the day on which the College advises the applicant of their successful completion of the qualifying examinations and be accompanied by the fee set out in item 1 of Schedule 1, payable to the College.Licence feeBefore the Registrar issues the licence, the licensee must pay to the College the fee set out in item 10 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Class 2 Licence
ApplicationA class 1 licensee who wishes to obtain a class 2 licence must submit an application to the Registrar that contains the following information:their name, address, telephone number and email address;their complete professional employment history;proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; andconfirmation of the following:that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,that they have assigned any matters in progress at CIPO to one or more licensees described in subparagraph (i) and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, andthe location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).Application feeThe application must be accompanied by the fee set out in item 2 of Schedule 1, payable to the College.Verification of informationThe Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).Licence feeBefore the Registrar issues the licence, the licensee must pay to the College the fee set out in item 12 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Restriction on class 2 licencesA class 2 licensee is not entitled to represent persons in the presentation and prosecution of applications for patents or for the registration of trademarks or in other business before CIPO.
Class 3 Licence
ApplicationAn applicant for a class 3 licence must submit an application to the Registrar that contains the following information:their name, address, telephone number and email address;proof that they are resident in Canada;their complete professional employment history;proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;a criminal record check;records of any disciplinary sanction by an employer, academic institution, professional regulatory body, or any other body or association of which the applicant is or was a member;records of any bankruptcy or insolvency;a declaration that the applicanthas not been served with an application for bankruptcy, made an assignment of property for the benefit of creditors or presented a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act,has not had a judgment entered against them by a court,is not personally subject to an order for costs,has not been charged with, pleaded guilty to or been found guilty of any offence under the Criminal Code, the Controlled Drugs and Substances Act, the Income Tax Act, the Excise Tax Act, a provincial act respecting securities, employment standards or official languages or any other provincial act that creates an offence that implicates an individual’s integrity, andhas not had their professional licence restricted or suspended by a professional regulatory body, or been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body would make its finding;a list of any degrees, diplomas and certificates that they have been awarded in or outside Canada and the names of the educational institutions that awarded them;the name of every professional regulatory body under which the applicant is licensed to practise in or outside Canada;evidence that the applicant is proficient in one or both of the official languages;a specimen signature, a current photograph and any other information necessary to confirm their identity;a copy of a training agreement executed by the applicant and their supervisor; andany other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.Application feeThe application must be accompanied by the fee set out in item 3 of Schedule 1, payable to the College.Licence feeBefore the Registrar issues the licence, the licensee must pay to the College the fee set out in item 14 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Conditions on licenceThe following conditions apply to a class 3 licence:the licensee must comply with the terms of the training agreement; andthe licensee must not, without the supervision of a class 1 licensee and without a training agreement in effect, represent any person in the presentation or prosecution of an application for a patent or for the registration of a trademark or in any other business before CIPO.
Class 4 Licence
ApplicationA class 1 licensee or class 2 licensee who wishes to obtain a class 4 licence must submit an application to the Registrar that contains the following information:their name, address, telephone number and email address;their complete professional employment history;a declaration that they are not practising as a patent agent or trademark agent; andconfirmation of the following:that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,that they have assigned to one or more licensees described in subparagraph (i) any matters in progress at CIPO and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, andthe location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).Application feeThe application must be accompanied by the fee set out in item 4 of Schedule 1, payable to the College.Verification of informationThe Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).Licence feeBefore the Registrar issues the licence, the licensee must pay to the College the fee set out in item 16 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Change of Class of Licence
ApplicationSubject to sections 46 and 50, a class 1 licensee, class 2 licensee or class 4 licensee who wishes to change the class of their licence must submit an application to the Registrar that contains the following information:their name, address, telephone number and email address;the class of licence for which they are applying;their complete professional employment history;in the case of a change to a class 1 licence or class 2 licence, proof that, as of the effective date of the new licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof of exemption from that requirement and the reason for the exemption; andproof that they have complied with any continuing professional development requirements of the new class of licence.Return to practice after three yearsA class 4 licensee who has held a class 4 licence for three years or more and who wishes to obtain either a class 1 licence or class 2 licence must submit an application to the Registrar that contains, in addition to the information required under subsection (1), the following information:any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;a declaration that the applicant will practise with integrity, uphold the independence of their profession and comply with the Code;proof that the applicant has completed any remedial training or examinations specified by the Registrar; andany other information that the Registrar requires to determine whether the applicant meets the requirements of the new class of licence.Application feeThe application must be accompanied by the applicable fee set out in items 5 to 7 of Schedule 1, payable to the College.
Qualifying Examinations
ProcessThe Registrar must publish on the College’s website information about the qualifying examinations that includesthe dates of the examinations;the registration process;the examination fee set out in item 8 of Schedule 1;the process for administering examinations;the method of communication of the examination results; anda statement that it is possible to request a re-marking of the examination.
Examination advisory groupThe Registrar may appoint an advisory group composed of any combination of class 1 licensees, class 2 licensees and representatives of CIPO to assist the Registrar in preparing, administering and marking the qualifying examinations.
Training programA class 3 licensee may write the qualifying examinations after they have completed a training program approved by the Registrar.
Qualifying examinationsSubject to subsection (2), a class 3 licensee must write the qualifying examinations at the first sitting of the examinations that follows the completion of their training program.Request for delayed examinationsIf a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.Examination feesThe licensee must pay to the College the examination fee set out in item 8 of Schedule 1 to write the qualifying examinations or any part of the examinations.
Re-marking examinationsA licensee who receives less than a passing mark on the qualifying examinations may, on payment to the College of the fee set out in item 9 of Schedule 1, request that their examinations or any part of their examinations be re-marked.Non-applicationSubsection (1) does not apply if the re-marking will not materially affect the outcome and result in a passing mark.Reimbursement of feeIf the re-marking of a licensee’s examinations results in their receiving a passing mark, the fee for re-marking paid under subsection (1) must be reimbursed to the licensee.No reviewRe-marking results are not reviewable by the Registration Committee under section 66.
Failure in examinationsA licensee who does not initially receive a passing mark on the qualifying examinations may write them only one additional time, and must do so at the first sitting of the examinations that takes place after they receive their examination results or the results of any re-marking under subsection 56(1).Request for delayed examinationsIf a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.
UndertakingA licensee referred to in subsection 57(1) must give an undertaking in writing to the Registrar that they agree not to practise until they have entered into a new training agreement with the same or another supervisor.
Remedial trainingIf a class 3 licensee does not receive a passing mark on the qualifying examinations within two years after the day on which they complete the training program, they must provide the Registrar with a remedial training and education plan prepared in conjunction with their supervisor or, if they have no supervisor, in accordance with any conditions that the Registrar may impose on their licence.Re-examinationOn completion of the remedial training and education plan, the licensee may, despite subsection 57(1), request to rewrite the qualifying examinations or any part of the examinations, on payment to the College of the fee set out in item 8 of Schedule 1.
Waiver or modification of requirementsIf an applicant for a licence or a licensee is unable to meet any requirement for licensing or training for reasons beyond their control, the Registrar may waive or modify that requirement on request by the applicant or licensee.
Registrar may impose conditionsThe Registrar may impose either or both of the following conditions on a licence at the time of its issuance or reinstatement if it is in the public interest to do so:that the licensee complete any remedial training and examinations specified by the Registrar; andthat the licensee work under the supervision of or in conjunction with a class 1 licensee approved by the Registrar, for a specified period.
Effective dateThe Registrar must set the effective date of a licence when it is issued or reinstated.
Accommodation for applicants or licenseesThe Registrar must reasonably accommodate an applicant for a licence or a licensee if they provide the Registrar with satisfactory information that demonstrates the need for an accommodation in order to provide a fair opportunity for the applicant or licensee to successfully complete any of the applicable training, qualifying examinations or other licensing requirements.
Supervisors
EligibilityThe following individuals are eligible to act as the supervisor of a class 3 licensee:a class 1 licensee;subject to subsection (3), a class 2 licensee;a representative of CIPO.AuthorizationThe Registrar must authorize an eligible individual set out in subsection (1) to act as the supervisor of a class 3 licensee if they apply to the Registrar andhave completed the supervisor training program;demonstrate in their application how they will provide training that focuses on ethical and competent practices;are not the subject of an investigation under section 37 of the Act;are not the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; anddo not have a suspended licence.Additional requirement — class 2 licenseesIn addition to meeting the requirements of subsection (2), a class 2 licensee must provide the Registrar with a training plan that demonstrates how the class 3 licensee under their supervision will receive training in the areas in which the class 2 licensee’s practice is restricted under section 47.Remedial supervisor trainingA supervisor must retake any part or all of the supervisor training program, as specified by the Registrar, if there are reasonable grounds to believe that the supervisor requires remedial training in some or all aspects of being a supervisor.
Revocation of authorizationThe Registrar must revoke a supervisor’s authorization ifthe supervisor no longer meets any of the criteria set out in paragraphs 64(2)(b) to (e);the supervisor does not comply with subsection 64(4) when required; orthe supervisor’s licence is suspended or revoked.
Review of Registrar’s Decisions with Respect to Licensing
Registrar’s decisions reviewableAn applicant for a licence or a licensee may request that the Registration Committee review any licensing decision of the Registrar with respect to their application or licence, as applicable.
Registration CommitteeOn receipt of a request made under section 66, the Registration Committee must consider the request andaffirm or vary the Registrar’s decision or dismiss the request; orhold a hearing on the merits of the request and, at the conclusion of the hearing, affirm or vary the Registrar’s decision or dismiss the request.Additional informationThe Registration Committee may request that the Registrar obtain additional information from the applicant or licensee and provide it to the Committee, at any time during the Committee’s consideration of the request, including during any hearing of the request.Written reasonsThe Registration Committee must provide reasons to the applicant or licensee in writing for each action it takes under subsection (1).When Registrar’s decision variedIf the Registration Committee varies the Registrar’s decision, the Registrar must give effect to the varied decision without delay and notify the applicant or licensee and, if applicable, their supervisor.Decision finalThe Registration Committee’s decision is final and not reviewable by the Board.
Obligations of LicenseesObligations
RequirementsA licensee must meet the following requirements in order to maintain the validity of their licence:have the necessary skills and competencies to practise the profession; andbe of good character and remain fit to practise.
Professional liability insuranceThe professional liability insurance required by subsection 34(1) of the Act must meet the following requirements:be issued by a company licensed in Canada;cover claims made in and outside Canada;indemnify the licensee for any civil liability that arises from their acting as either a patent agent or a trademark agent; andhave coverage limits of no less than $1 million per claim and $2 million aggregate per year.ExemptionsThe following licensees are exempt from the requirement in subsection 34(1) of the Act to be insured against professional liability:a class 3 licensee who has neither a supervisor nor a training agreement in effect and who has given an undertaking under section 58;a class 4 licensee;any licensee who is employed by an employer that carries on business in Canada and who provides patent agent or trademark agent services solely to their employer and not to the public.[Repealed, SOR/2023-73, s. 90]SOR/2023-73, s. 90
Annual requirementsOn or before March 31 of each year, every licensee mustpay to the College the applicable fee set out in items 10 to 16 of Schedule 1;except for a class 4 licensee, file the annual licensee report with the Registrar;if they are a class 3 licensee, provide the Registrar with the name of their supervisor; andif they are a class 4 licensee, provide the Registrar with their contact information and a declaration that theycontinue to be resident in Canada,have complied with the requirements of section 73, andare not practising as a patent agent or trademark agent.
Annual reportThe annual licensee report must contain all the following information in respect of the licensee:confirmation of the mailing and civic addresses of each location of their business or practice, their email address and telephone number, and, if applicable, the name of their firm;the areas of their practice and the approximate percentage by time or billings associated with each area;the name of any professional regulatory body under which they are licensed;confirmation of their professional liability insurance and the name of the insurer, or confirmation that they are exempt from the requirement to be so insured and the reason for the exemption;the official language or languages in which they are able to practise as a patent agent or trademark agent;their continuing professional development plan for the next year and a declaration that they have completed the previous year’s plan;a declaration that they continue to be resident in Canada;a declaration that they have complied with the requirements of section 73; andany other information or documents that the Registrar determines are necessary to carry on the activities of the College.
Extension of deadlinesThe Registrar may, having regard to the specific circumstances of the licensee, extend the deadline for payment of the licence renewal fees by a licensee and for filing the annual licensee report.
Licensees to advise RegistrarA licensee must advise the Registrar in writing as soon as feasible after the occurrence of any of the following:they are served with an application for bankruptcy, make an assignment of property for the benefit of creditors or present a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act;they have a judgment entered against them by a court;they are personally subject to an order for costs;they are charged with, plead guilty to or are found guilty of any offence under the Criminal Code, the Controlled Drugs and Substances Act, the Income Tax Act, the Excise Tax Act, a provincial act respecting securities, employment standards or official languages or any other provincial act that creates an offence that implicates an individual’s integrity; orthey have their professional licence restricted or suspended by a professional regulatory body, or are found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding.
Licence Suspension
Notice of suspensionThe Registrar must give the notice under subsection 35(2) of the Act to the licensee at least seven days before the licence suspension is to take effect and must include in the notice the reasons for the suspension.
Lifting of suspensionThe Registrar must reinstate a licence suspended under section 35 of the Act if the licensee, within three years after the date of the suspension, corrects the failure that resulted in the suspension and pays to the College the reinstatement fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.Lifting of suspension after three yearsThe Registrar must reinstate a licence that has been suspended under section 35 of the Act for more than three years if the Registrar determines that the licensee is of good character, is fit to practise and hascorrected the failure that resulted in the suspension;completed any continuing professional development requirements that the Registrar may specify;completed any further training and examinations that the Registrar may specify to address the failure that resulted in the suspension; andpaid to the College the fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.
Revocation
Revocation after five-year suspension — noticeFor the purpose of subsection 35(4) of the Act, the Registrar may revoke a licence that has been suspended for at least five years by giving notice to the licensee at their last known email address at least 30 days before the day on which the revocation is to take effect.
Surrender of Licence
Application to surrender — requirementsA licensee who wishes to surrender their licence under section 36 of the Act must submit an application to the Registrar that contains the following information:their current and, if available, future contact information;the reason for the surrender of the licence;their complete professional employment history;confirmation of the following:that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,that they have assigned to one or more licensees described in subparagraph (i) any matters in progress at CIPO and have advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, andthe location of any of their files that are not returned to the clients or transferred as described in subparagraph (i); andthe applicable fees set out in items 18 and 19 of Schedule 1, together with any outstanding fees owed by the licensee, payable to the College.Verification of informationThe Registrar may seek independent verification from a successor licensee of the information provided by a licensee under subparagraph (1)(d)(ii).
Surrender — approval and effective dateThe Registrar may approve the surrender of a licence and set the effective date of the surrender if the Registrar is satisfied that the application to surrender the licence is complete and that the licensee is not the subject ofan investigation under section 37 of the Act; oran application by the Investigations Committee under subsection 49(1) of the Act.
Deemed surrenderA licence is deemed to have been surrendered on the appointment of the licensee to the judiciary or on the death of the licensee.
Registers and Certificates
Removal of personal information by RegistrarThe Registrar must not make public in the Registers any of a licensee’s personal information, as defined in section 3 of the Privacy Act, that was added in accordance with section 28 or 31 of the Act.
Registrar’s certificateOn the request of a licensee and on payment to the College of the fee set out in item 20 of Schedule 1, the Registrar must produce a certificate that sets out the information in respect of the licensee that is contained in the Register.
Foreign practitioners — requirementsA foreign practitioner who makes a request under paragraph 19(1)(b) or 20(1)(b) of the Regulations must pay to the College the fee set out in item 21 of Schedule 1.Foreign practitioners — continued inclusion in RegisterIn order to continue to be included in the Register, a foreign practitioner must provide the statement required by subsection 19(2) or 20(2) of the Regulations each year during the period beginning on May 1 and ending on June 30.Additional requirementsThe statement must be accompanied byproof, furnished by the relevant competent authority in the foreign practitioner’s country of residence, that they are authorized to act as a patent agent or as a trademark agent in that country; andthe fee set out in item 22 of Schedule 1, payable to the College.Extension of deadlinesThe Registrar may, having regard to the specific circumstances of a foreign practitioner, extend the deadline for payment of the fee referred to in paragraph (3)(b).
Change of statusA foreign practitioner must notify the Registrar in writing without delay of the occurrence of any of the following:they become a resident of Canada;their country of residence changes, in which case they must provide the name of their new country of residence;the country where they are authorized as a patent agent or trademark agent changes, in which case they must provide proof of the new authorization, furnished by the relevant competent authority; orthey cease to be authorized to act as a patent agent or trademark agent in any country.
Removal from RegistersThe Registrar must remove from the Registers the name and contact information of any individual who no longer meets the requirements set out in paragraph 19(1)(a) or 20(1)(a) or subsection 19(2) or 20(2) of the Regulations.
Investigations
InvestigationThe Registrar must not dismiss a complaint when there are reasonable grounds to believe that the licensee who is the subject of the complaint has committed professional misconduct or was incompetent.
Request for appealA complainant’s request under subsection 38.1(4) of the Act for an appeal of the Registrar’s decision must be made in writing.
Licensee’s application for review of provisional actionAn application to the Discipline Committee under subsection 37.2(1) of the Act must be submitted to the Registrar and include a copy of the decision of the Investigations Committee made under subsection 37.1(1) of the Act and a description of the reasons for the appeal.Registrar to forward applicationThe Registrar must forward the application for review to the Discipline Committee together with a copy of the decision to be reviewed.Supplementary informationThe Discipline Committee may requestthat the licensee provide it with any additional information the Committee considers necessary to make its decision under subsection 37.2(2) of the Act; andthat the Investigations Committee provide it with any of the information and documents that the Investigations Committee considered in making its decision under subsection 37.1(1) of the Act.
Notice of investigationThe notice under section 38 of the Act mustbe made in writing;request that the licensee provide any further representations in writing within 30 days after the day of the notice; andinform the licensee that there is to be no oral hearing in connection with the complaint.
Fees
Annual adjustmentEvery fee set out in Schedule 1 is to be adjusted in each fiscal year on January 1 by the percentage change in the October All-items Consumer Price Index for Canada — as published by Statistics Canada under the Statistics Act — between the month of October in the preceding year and the month of October in the year before that year, and rounded to the next highest dollar.
Amendment to These By-laws, Repeals and Coming into Force
[Amendments]
[Amendments]
Coming into Force
May 1, 2023These By-laws, other than section 90, come into force on May 1, 2023.January 1, 2024Section 90 comes into force on January 1, 2024.
(Subsections 45(2) and (3), 46(2) and (4), 48(2) and (3), 50(2) and (4) and 51(3), paragraph 52(c), subsections 55(3), 56(1) and 59(2), paragraph 70(a), subsection 75(1), paragraphs 75(2)(d) and 77(1)(e), section 81, subsection 82(1), paragraph 82(3)(b) and section 89)FeesItemDescriptionFee ($)1Application for a class 1 licence2502Application for a class 2 licence1503Application for a class 3 licence2504Application for a class 4 licence1505Change from a class 2 licence to a class 1 licence1506Change from a class 4 licence to a class 1 licence or class 2 licence, less than three years1507Change from a class 4 licence to a class 1 licence or a class 2 licence, three years or more2508Register to write the qualifying examinations or any part of the examinations3509Request to re-mark failed qualifying examinations, per part of the examinations50010Issuance or renewal of a class 1 licence1,80011Renewal of a class 1 licence for a licensee who is both a patent agent and a trademark agent2,70012Issuance or renewal of a class 2 licence1,50013Renewal of a class 2 licence for a licensee who is both a patent agent and a trademark agent2,25014Issuance and first and second renewals of a class 3 licence15015Renewal of a class 3 licence, third and subsequent renewals20016Issuance or renewal of a class 4 licence10017Reinstatement of a suspended licence25018Application to surrender a class 1 licence or a class 2 licence25019Application to surrender a class 3 licence or a class 4 licence10020Issuance of a Registrar’s certificate10021Foreign practitioner — initial inclusion in the Register25022Foreign practitioner — maintain name in the Register for one year180
(Subsections 7(1) and 44(1))Remuneration of Officers, Directors and Committee MembersItemDescriptionAmount ($)1Annual remuneration, Chairperson20,0002Annual remuneration, director5,0003Monthly remuneration, Vice-chairperson1,2504Allowance for attendance at a Board meeting, Chairperson — less than four hours5255Allowance for attendance at a Board meeting, Chairperson — four hours or more1,0506Allowance for attendance at a Board meeting, Vice-chairperson — less than four hours4507Allowance for attendance at a Board meeting, Vice-chairperson — four hours or more9008Allowance for attendance at a Board meeting, director — less than two hours1509Allowance for attendance at a Board meeting, director — two hours or more but less than four hours35010Allowance for attendance at a Board meeting, director — four hours or more70011Allowance for attendance at a committee meeting, committee chairperson — less than four hours52512Allowance for attendance at a committee meeting, committee chairperson — four hours or more1,05013Allowance for attendance at a committee meeting, committee member — less than two hours15014Allowance for attendance at a committee meeting, committee member — two hours or more but less than four hours35015Allowance for attendance at a committee meeting, committee member — four hours or more70016Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of less than two hours15017Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of two hours or more but less than four hours35018Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of four hours or more70019Travel allowance to attend a Board meeting or committee meeting — less than four hours of travel time17520Travel allowance to attend a Board meeting or committee meeting — four hours or more of travel time35021Allowance for attendance at a Discipline Committee hearing, first and second days — less than four hours35022Allowance for attendance at a Discipline Committee hearing, first and second days — four hours or more70023Allowance for attendance at a Discipline Committee hearing, third and subsequent days — less than four hours50024Allowance for attendance at a Discipline Committee hearing, third and subsequent days — four hours or more1,000
SOR/2023-732024-01-01