Olympic and Paralympic Marks Act

Marginal note:Detention and disposition of imported goods

• 8 (1) A court may, on application,

  • (a) if it considers that any goods to which an Olympic or Paralympic mark has been applied are about to be imported into Canada or have been imported into Canada but have not yet been released, within the meaning of the Customs Act, and that their distribution in Canada would be a use of the mark as a trademark that is contrary to section 3, make an order

    • (i) directing the Minister of Public Safety and Emergency Preparedness to take reasonable measures, on the basis of information reasonably required by that Minister and provided by the applicant, to detain the goods,

    • (ii) directing that Minister to notify the applicant and the owner or importer of the goods, without delay after detaining them, of the detention and the reasons for it, and

    • (iii) providing for any other matters that the court considers appropriate; and

  • (b) if it finds that the distribution in Canada of goods detained in accordance with an order made under paragraph (a) would be a use of the mark as a trademark that is contrary to section 3, make any order that it considers appropriate in the circumstances, including an order that the goods be destroyed or exported or that they be delivered up to the applicant as the applicant’s property absolutely.

• Marginal note:Application to court

  (2) An application referred to in subsection (1) may be made

  • (a) during any period prescribed by regulation, only by

    • (i) an organizing committee, or

    • (ii) the COC or the CPC, if it has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or

  • (b) during any other period, only by

    • (i) the COC or the CPC, or

    • (ii) an organizing committee, if the committee has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request.

• Marginal note:No unreasonable refusal

  (3) The authorization may not be unreasonably refused.

• Marginal note:Application for detention order

  (4) An application for an order under paragraph (1)(a) may be made either on notice or ex parte. In all cases, notice of such an application must be given to the Minister of Public Safety and Emergency Preparedness.

• Marginal note:Security

  (5) Before making an order under paragraph (1)(a), the court may require the applicant to furnish security, in an amount fixed by the court,

  • (a) to cover duties, within the meaning of the Customs Act, and storage and handling charges, and any other amount that may become chargeable against the goods; and

  • (b) to answer any damages that may by reason of the order be sustained by the owner, importer or consignee of the goods.

• Marginal note:Application for directions

  (6) The Minister of Public Safety and Emergency Preparedness may apply to the court for directions in implementing an order made under paragraph (1)(a).

• Marginal note:Permission to inspect

  (7) The Minister of Public Safety and Emergency Preparedness may give the applicant or importer of the goods detained in accordance with an order made under paragraph (1)(a) an opportunity to inspect them for the purpose of substantiating, in the case of the applicant, or refuting, in the case of the importer, the applicant’s claim.

• Marginal note:Release of goods

  (8) Unless an order made under paragraph (1)(a) provides otherwise, the Minister of Public Safety and Emergency Preparedness shall, subject to the Customs Act and to any other Act of Parliament that prohibits, controls or regulates the importation or exportation of goods, release, within the meaning of the Customs Act, the goods detained in accordance with the order without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (1)(a)(ii), that Minister has not been notified that an action has been commenced for an order under paragraph (1)(b).