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

Marginal note:Injunction

74 On application by the College, if the Federal Court is satisfied that a contravention of section 67, 68, 70 or 71 is being or is likely to be committed, the Court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the Court considers appropriate.

By-laws and Regulations

Marginal note:By-laws

• 75 (1) The Board may make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws

  • (a) respecting the election of directors, the terms of elected directors and their removal;

  • (b) establishing ineligibility criteria for the purposes of subparagraphs 14(f)(ii) and 17(h)(iii);

  • (c) respecting the filling of vacancies among elected directors;

  • (d) respecting the remuneration and expenses of directors;

  • (e) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties;

  • (f) respecting the duties and functions of the Board and the meetings of the Board, including quorum;

  • (f.1) respecting the creation of committees;

  • (g) respecting the conflicts of interest of directors, members of the Investigations Committee and members of the Discipline Committee;

  • (h) respecting the duties and functions of the Registrar;

  • (i) respecting the maintenance of the Register of Patent Agents and the Register of Trademark Agents and information that is required to be included in those Registers;

  • (i.1) defining the terms “professional misconduct” and “incompetence” for the purposes of this Act;

  • (j) respecting the classes of firm in connection with which a licensee may work as a licensee;

  • (k) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees;

  • (l) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees, including any fee for the late payment of another fee;

  • (m) establishing the time within which and the manner in which any fees or other amounts are to be paid;

  • (n) respecting the information and documents that licensees must provide to the College;

  • (o) respecting continuing professional development requirements for licensees;

  • (p) respecting requirements for licensees to do pro bono work;

  • (q) respecting the professional liability insurance that licensees are required to maintain;

  • (r) exempting licensees from the requirement to be insured against professional liability;

  • (s) respecting the suspension and revocation of licences under section 35;

  • (t) respecting the surrender of licences and applications for a surrender;

  • (t.1) prescribing the circumstances in which the Registrar must not dismiss a complaint or the reasons for which the Registrar must not dismiss a complaint;

  • (t.2) respecting the form and manner in which the Registrar may dismiss a complaint; and

  • (u) respecting the notification of licensees under section 38.

• Marginal note:Different treatment

  (2) The by-laws made under paragraphs (1)(j) to (t) and (u) may distinguish among classes of licensees or licences.

• Marginal note:For greater certainty

  (3) For greater certainty, by-laws made under paragraphs (1)(i.1) to (u) are regulations for the purposes of the Statutory Instruments Act.

Marginal note:Regulations — Governor in Council

• 76 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) respecting the Investigations Committee, the Discipline Committee and other committees of the College, including the composition of those committees, the eligibility for membership in them, the terms of the members and their removal;

  • (a.1) respecting the application of any provisions of the Canada Not-for-profit Corporations Act to the College;

  • (a.2) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated;

  • (b) respecting the reports and information that must be provided or submitted to the Minister;

  • (c) respecting conditions to be imposed on licences or classes of licences;

  • (d) respecting the requirements that individuals or classes of individuals must meet under section 26 or 29, including requirements in relation to qualifying examinations and in relation to fees with respect to qualifying examinations;

  • (e) respecting what constitutes representation for the purposes of sections 27 and 70 or for the purposes of sections 30 and 71;

  • (f) respecting restrictions on the entitlement of licensees or classes of licensees to provide representation under section 27 or 30;

  • (g) respecting the information to be included in the Register of Patent Agents or the Register of Trademark Agents;

  • (g.1) prescribing the reasons for which the Registrar may dismiss a complaint;

  • (h) respecting the sealing of documents and other things and objections under section 46, including in relation to notifications, the identification of sealed packages, applications to the Federal Court and the retention, opening and return of sealed packages; and

  • (i) respecting the determination of the applicable periods referred to in subsection 47(1).

• Marginal note:Authorization

  (2) Regulations made under paragraph (1)(a.2) may authorize the Board or any committee of the College, and those made under paragraphs (1)(c), (d), (f) and (g) may authorize the Board, the Registrar or any committee of the College, to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act.

• Marginal note:Regulations — sealed packages

  (3) Regulations made under paragraph (1)(h) may authorize the Federal Court to make orders respecting the retention, opening or return of sealed packages.

Marginal note:Regulations prevail

77 The regulations prevail over the by-laws to the extent of an inconsistency or conflict between them.

Transitional Provisions

Marginal note:Definition of coming-into-force day

78 In sections 79 to 86, coming-into-force day means the day on which section 13 comes into force.

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 trademark agents kept under section 28 of the Trademarks 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.

Marginal note:Confirmation of by-laws

80 Any by-laws that are made by the Board before the first election is held under subsection 13(5) are repealed on the 180th day after the day on which the first election is held, unless they are confirmed by a resolution of the Board, as it is constituted after that election, before that 180th day.

Marginal note:College not a Crown Corporation

81 Despite Part X of the Financial Administration Act, the College is not a Crown corporation within the meaning of that Act.

Marginal note:Deemed issued patent agent licence

82 An individual is deemed to have been issued a patent agent licence under subsection 26(1) on the coming-into-force day if their name was, on the day before the coming-into-force day, on the register kept under section 15 of the Patent Act.

Marginal note:Deemed issued trademark agent licence

83 An individual is deemed to have been issued a trademark agent licence under subsection 29(1) on the coming-into-force day if their name was, on the day before the coming-into-force day, on the list of trademark agents kept under section 28 of the Trademarks Act.

Marginal note:Provision of information — patents

84 The Commissioner of Patents may, for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions under this Act, provide the Registrar with information relating to an individual or firm whose name is or was on the register kept under section 15 of the Patent Act, an individual who has sat for the qualifying examination for patent agents or an individual who has notified the Commissioner in writing of their intention to sit for the examination, including

• (a) the individual’s or firm’s name and contact information and, in the case of an individual, the name of any firm of which they are a member;

• (b) whether the Commissioner has refused to recognize the individual or firm as a patent agent or attorney under section 16 of the Patent Act;

• (c) any complaints against the individual or firm; and

• (d) the results of any qualifying examinations for patent agents.

Marginal note:Provision of information — trademarks

85 The Registrar of Trademarks may, for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions under this Act, provide the Registrar with information relating to an individual or firm whose name is or was on the list of trademark agents kept under section 28 of the Trademarks Act, an individual who has sat for the qualifying examination for trademark agents or an individual who has notified the Registrar of Trademarks in writing of their intention to sit for the examination, including

• (a) the individual’s or firm’s name and contact information and, in the case of an individual, the name of any firm of which they are a member;

• (b) any complaints against the individual or firm; and

• (c) the results of any qualifying examinations for trademark agents.

Marginal note:Regulations — transitional matters

86 Without limiting the generality of section 76, the Governor in Council may make regulations respecting transitional matters relating to

• (a) qualifying examinations for patent agents and trademark agents;

• (b) the requirements to be met under section 26 by an individual who has sat for the qualifying examination for patent agents before the coming-into-force day or who has, before that day, notified the Commissioner of Patents in writing of their intention to sit for the examination but whose name was not, on the day before that day, on the register kept under section 15 of the Patent Act; and

• (c) the requirements to be met under section 29 by an individual who has sat for the qualifying examination for trademark agents before the coming-into-force day or who has, before that day, notified the Registrar of Trademarks in writing of their intention to sit for the examination but whose name was not, on the day before that day, on the list of trademark agents kept under section 28 of the Trademarks Act.

Marginal note:By-laws

87 All by-laws that are made by the College before the coming into force of this section are deemed to have been made by the Board.

Marginal note:Deemed authority

88 All regulations authorizing the College to make by-laws under subsection 76(2), as it read immediately before the coming into force of this section, are deemed to authorize the Board to make the by-laws.