College of Patent Agents and Trademark Agents Act (S.C. 2018, c. 27, s. 247)

Short Title

Marginal note:Short title

1 This Act may be cited as the College of Patent Agents and Trademark Agents Act.

Interpretation and Application

Marginal note:Definitions

2 The following definitions apply in this Act.

Board

Board means the board of directors established under section 13. (conseil)

College

College means the College of Patent Agents and Trademark Agents established by section 5. (Collège)

investigator

investigator means an individual designated under section 42. (enquêteur)

licence

licence means a licence issued under this Act. (permis)

licensee

licensee means a patent agent or a trademark agent. (titulaire de permis)

Minister

Minister means the federal minister designated under section 4. (ministre)

patent agent

patent agent means an individual who holds a patent agent licence or a patent agent in training licence issued under section 26. (agent de brevets)

privileged

privileged means protected by litigation privilege, by solicitor-client privilege, by the professional secrecy of advocates and notaries or by the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act. (protégé)

Registrar

Registrar means the Registrar of the College appointed under section 22. (registraire)

trademark agent

trademark agent means an individual who holds a trademark agent licence or a trademark agent in training licence issued under section 29. (agent de marques de commerce)

Marginal note:Binding on Her Majesty

3 This Act is binding on Her Majesty in right of Canada or a province.

Marginal note:Designation of Minister

4 The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this Act.

Establishment and Organization

College

Marginal note:Establishment

• 5 (1) A corporation without share capital is established, to be known as the College of Patent Agents and Trademark Agents.

• Marginal note:Act not applicable to College

  (2) Subject to any regulations made under paragraph 76(1)(a.1), the Canada Not-for-profit Corporations Act does not apply to the College.

Marginal note:Purpose

6 The purpose of the College is to regulate patent agents and trademark agents in the public interest, in order to enhance the public’s ability to secure the rights provided for under the Patent Act and the Trademarks Act.

Marginal note:Head office

7 The head office of the College is to be in the National Capital Region, as described in the schedule to the National Capital Act.

Marginal note:Capacity

8 In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person, including the power to

• (a) purchase or otherwise acquire, or lease, any real or personal property or immovable or movable;

• (b) sell or otherwise dispose of, or lease, any of its acquired or leased property; and

• (c) borrow money.

Marginal note:Not Crown agent

9 The College is not an agent of Her Majesty, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees, agents and mandataries of the College are not part of the federal public administration.

Marginal note:Official Languages Act

10 The Official Languages Act applies to the College.

Marginal note:Members

11 The members of the College are the licensees.

Marginal note:Annual general meeting

12 The College must hold an annual general meeting of members within six months after the end of each calendar year, at a time and place in Canada fixed by the Board.

Board of Directors

Marginal note:Composition

• 13 (1) The College has a board of directors composed of at least seven directors, including the Chairperson.

• Marginal note:Order fixing number of directors

  (2) The Minister must, by order, fix the number of directors.

• Marginal note:Appointed directors

  (3) The Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors.

• Marginal note:Maximum number of appointed directors

  (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board.

• Marginal note:Elected directors

  (5) The remaining directors are to be licensees elected in accordance with the by-laws, and at least one elected director must be a patent agent and at least one must be a trademark agent.

Marginal note:Ineligibility

14 An individual is not eligible to be appointed or elected as a director if they

• (a) are less than 18 years of age;

• (b) have the status of bankrupt;

• (c) are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks;

• (d) were, within the preceding 12 months, a member of a governing body or a steering committee of an association referred to in paragraph (c);

• (e) in the case of an appointment to the Board,

  • (i) are a licensee, or

  • (ii) are employed by a department, as defined in section 2 of the Financial Administration Act; or

• (f) in the case of election to the Board,

  • (i) have a licence that is suspended, or

  • (ii) meet any other ineligibility criteria set out in the by-laws.

Marginal note:Term

• 15 (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or re-elected for subsequent terms of not more than three years each.

• Marginal note:Determination of term

  (2) The length of a director’s term is

  • (a) set out by the Minister in the order appointing the director, if the director is appointed; or

  • (b) determined in accordance with the by-laws, if the director is elected.

• Marginal note:Staggered terms

  (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day.

• Marginal note:Continuation in office — appointed directors

  (4) Despite subsection (1) and subject to section 17, an appointed director continues to hold office until they are re-appointed or their successor is appointed.

• Marginal note:Vacancies during term

  (5) If an elected director has ceased to hold office before the expiry of their term, the Board may, in accordance with the by-laws, appoint an individual to fill that vacancy for the unexpired portion of that term or for any shorter period that the Board fixes.

Marginal note:Removal — appointed directors

• 16 (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister.

• Marginal note:Removal — elected directors

  (2) An elected director may be removed in accordance with the by-laws.

Marginal note:Ceases to be director

17 A director ceases to be a director if they

• (a) die;

• (b) resign;

• (c) become bankrupt;

• (d) become a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks;

• (e) become a member of a governing body or a steering committee of an association referred to in paragraph (d);

• (f) are removed from office under section 16;

• (g) in the case of an appointed director,

  • (i) become a licensee, or

  • (ii) become an employee of a department, as defined in section 2 of the Financial Administration Act; or

• (h) in the case of an elected director,

  • (i) have a licence that is suspended,

  • (ii) cease to be a licensee, or

  • (iii) meet the ineligibility criteria set out in the by-laws.

Marginal note:Remuneration

18 The College may pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.

Marginal note:Chairperson

• 19 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws.

• Marginal note:Duties

  (2) The Chairperson presides over meetings of the Board and performs any other duties that are assigned to the Chairperson by the by-laws.

• Marginal note:Removal

  (3) The Board may remove the Chairperson in accordance with the by-laws.

Marginal note:Meetings

• 20 (1) The Board must hold a meeting at least once every calendar year.

• Marginal note:Open to public

  (2) Subject to the by-laws, meetings of the Board are open to the public.

Marginal note:Power to act on College’s behalf

20.1 For the purposes of this Act, the Board may act on the College’s behalf and may, by by-law, authorize the College’s directors, the members of its committees, the Registrar, the investigators and any officers or employees of the College to act on behalf of the College.

Committees, Registrar and Chief Executive Officer

Marginal note:Investigations Committee and Discipline Committee

• 21 (1) Two committees of the College are established, to be known as the Investigations Committee and the Discipline Committee.

• Marginal note:Appointment

  (2) The members of each committee are to be appointed by the Board in accordance with the regulations.

• Marginal note:Limitation

  (3) An individual is not permitted to be a member of either committee if

  • (a) they are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks; or

  • (b) they are a member of a governing body or a committee of an association referred to in paragraph (a).

• Marginal note:Limitation

  (4) An individual is not permitted to be a member of the Discipline Committee and the Investigations Committee at the same time.

Marginal note:Registrar

• 22 (1) The Board must appoint a Registrar of the College, who is responsible for the Register of Patent Agents and the Register of Trademark Agents.

• Marginal note:Delegation

  (2) Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act.