Olympic (1976) Act (S.C. 1973-74, c. 31)

General

Marginal note:Income Tax Act application

12 The Olympic Corporation shall be deemed to be a registered Canadian amateur athletic association as described in paragraph 110(8)(b) of the Income Tax Act for the purposes of that Act.

Trade Marks and Symbol

Marginal note:Public authority

13 The Olympic Corporation is and always has been a public authority in Canada for the purposes of the Trade Marks Act.

Marginal note:Trademarks

• 14 (1) The following are marks of the Olympic Corporation, namely,

  • (a) the words “Olympic”, “Olympique”, “Olympics”, “Olympiques”, “COJO”, “Olympiad”, “Olympiade”, “Games”, “Jeux”, “Olympic Games”, “Jeux olympiques”, “Summer Games” and “Jeux d’été” when used in connection with the numerals “1976”, “76” or “XXI”;

  • (b) the words “Montreal” or “Montréal” when used in connection with the numerals “1976”, “76” or “XXI” or any of the words listed in paragraph (a); and

  • (c) the two representations of the beaver that appear in Schedule I.

• Marginal note:Official symbol

  (2) The symbol that appears in Schedule II is the official symbol of the Olympic.

Marginal note:Definitions

• 15 (1) In this section,

  adopt

  adopt, in relation to a trademark, has the same meaning as in the Trade Marks Act; (adopter)

  goods

  goods has the same meaning as wares in the Trade Marks Act. (biens)

• Marginal note:Adoption of mark, symbol, etc.

  (2) Except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation, no person shall, after June 13, 1975 and before January 1st, 1977, adopt, in connection with any business or any establishment or premises in which a business is carried on, as a trademark or otherwise,

  • (a) any mark of the Olympic Corporation or the official symbol of the Olympic, whether such mark or symbol is used alone or in connection with any word, abbreviation, expression, symbol, emblem, insignia or design; or

  • (b) any word, abbreviation, expression, symbol, emblem, insignia or design containing, indicating or implying any reference to the Olympic or so closely resembling any mark of the Olympic Corporation or the official symbol of the Olympic as to be likely to be mistaken for such mark or symbol.

• Marginal note:Use of mark, symbol, etc.

  (3) No person shall, after June 13, 1975 and before January 1st, 1977, use in connection with any business or any establishment or premises in which a business is carried on, as a trademark or otherwise, any mark, word, abbreviation, expression, symbol, emblem, insignia or design adopted contrary to subsection (2).

• Marginal note:Sale, etc., of goods

  (4) No person shall, after June 13, 1975 and before January 1st, 1977, sell, offer for sale or have in his possession for sale any goods to which has been applied any mark, word, abbreviation, expression, symbol, emblem, insignia or design contrary to subsection (3).

• Marginal note:Restriction on use of previously adopted mark, symbol, etc.

  (5) Where, before June 14, 1975, a person adopted any mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), as a trademark or otherwise, in association with goods or services or in connection with any business or any establishment or premises in which a business is carried on, that person shall not, after June 13, 1975 and before January 1st, 1977, use such mark, word, abbreviation, expression, symbol, emblem, insignia or design, as a trademark or otherwise, in association with any goods or services of a different class or of a different kind within the same class or in connection with any other business or other establishment or premises in which a business is carried on, except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation.

• Marginal note:When mark, etc., deemed to be applied

  (6) For the purposes of this section, a mark, word, abbreviation, expression, symbol, emblem, insignia or design shall be deemed to have been applied to goods when it is marked on or on any package containing such goods, or when it is used or displayed in the course of selling, distributing or advertising such goods.

• Marginal note:Application of Trade Marks Act

  (7) For the purposes of sections 52 and 53 of the Trade Marks Act, each of the marks of the Olympic Corporation and the official symbol of the Olympic are registered trademarks of that corporation, and a reference in those sections to the Trade Marks Act or the provisions of that Act shall be construed as including a reference to this section.

• Marginal note:Presumption of injury

  (8) In any action or suit in which an injunction is sought under the Trade Marks Act, it shall be presumed that any contravention of this section will occasion immediate and irreparable injury to the Olympic Corporation.

• Marginal note:Presumption as to time of adoption

  (9) Where, in any legal proceeding arising from this section, it is shown that a person adopted a mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), it shall be presumed, unless the contrary is proved, that such adoption occurred after June 13, 1975 and before January 1st, 1977.

• Marginal note:Offence

  (10) Every person who contravenes this section is guilty of an offence punishable on summary conviction.

Marginal note:Where copyright vests in corporation

• 16 (1) For the purposes of and notwithstanding the Copyright Act, copyright in any model, painting, drawing, engraving, photograph, cinephotograph or other reproduction

  • (a) made of any artistic work or architectural work of art, as defined in that Act, while that work is located or intended for location on one of the sites of the Olympic, or

  • (b) made of one of the sites of the Olympic or any part thereof,

  is hereby vested in the Olympic Corporation and that corporation is the owner of the copyright therein.

• Marginal note:Term for which copyright vests

  (2) The term for which copyright vests in the Olympic Corporation for the purposes of this section ends on the 31st day of December, 1976, and thereupon copyright in the works by this section vested in the Olympic Corporation shall revest and subsist, in accordance with the Copyright Act, in the persons who, but for this section, would be the owners thereof.

• Marginal note:Legal proceedings preserved

  (3) Notwithstanding subsection (2), any action, suit or other legal proceeding in which the cause of action arises before January 1st, 1977, and any appeal from judgment therein, is not affected by reason of the revesting of copyright under that subsection.

• Marginal note:When copyright deemed infringed

  (4) In any action for infringement of or other legal proceeding respecting copyright by this section vested in the Olympic Corporation,

  • (a) any copy of a work containing, indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy;

  • (b) any copy of a work that is displayed for sale, sold or distributed in a manner indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy; and

  • (c) it shall be presumed that any infringing copy will occasion immediate and irreparable injury to the Olympic Corporation.

• Marginal note:Application of provisions of Copyright Act

  (5) Except as otherwise provided in this section, all the provisions of the Copyright Act apply mutatis mutandis to the copyright of which the Olympic Corporation is deemed to be the owner by virtue of this section.

Reports to Parliament

Marginal note:Report of Minister of Finance

• 17 (1) Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Minister of Finance shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing,

  • (a) the costs incurred with respect to the minting of Olympic coins;

  • (b) the amount of Olympic coins issued pursuant to this Act;

  • (c) the respective dates and denominations of such Olympic coins;

  • (d) the respective standard weight, standard millesimal fineness and remedy allowance prescribed in respect of such Olympic coins by date and denomination thereof;

  • (e) the amount and other particulars of any Olympic coins redeemed by the Minister of Finance and the net costs of any such redemption; and

  • (f) the aggregate amount of all payments made to the Olympic Corporation pursuant to this Act.

• Marginal note:Report of Postmaster General

  (2) Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Postmaster General shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing,

  • (a) all administrative, merchandising, distribution, promotion and other costs incurred by Canada within and outside Canada in connection with the distribution and sale of Olympic coins; and

  • (b) particulars of any commission, discount or other advantage paid, allowed or given by the Postmaster General to any person in connection with the distribution, promotion or sale of Olympic coins within or outside Canada, together with the name and address of any such person.

• Marginal note:Tabling in Parliament

  (3) The reports required to be prepared pursuant to this section shall be laid before Parliament within fifteen days after they have been prepared or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting.

• Marginal note:Debate on motion to refer report to standing committee

  (4) Where a motion for the consideration of the House of Commons that a report laid before Parliament pursuant to this section be referred to a particular standing committee of the House is signed by not less than sixty members of the House and filed with the Speaker, the House of Commons shall, within the first thirty days next after the motion is filed that the House is sitting, take up and consider the motion in accordance with the rules of the House.