GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patented Medicines (Notice of Compliance) Regulations — 6.04
6.04 (1) On the motion of a first person or owner of a patent who is a party to an action brought under subsection 6 (1) or a counterclaim brought under subsection 6 (3), the Federal Court may, at any time during the proceeding, order that the second person produce any portion of the submission or supplement that is relevant to determine if any patent or certificate of supplementary protection at issue would be infringed and any such portion that is changed. (2) On the motion of a second person who is party to an action brought under subsection 6 (1) or a counterclaim brought under subsection 6 (3), the Federal Court may, at any time during the proceeding, order that the first person or owner of a patent produce a document setting out any information referred to in paragraph 5 (3.1)(a) or any laboratory notebook, research report or other document that may be relevant to determine whether a particular property, advantage, or use asserted by the second person to be part of the invention was established as of the filing date of the application for the patent. (3) The information set out in any document produced under subsection (1) or (2) shall be treated confidentially by the Federal Court subject to any conditions that it considers just. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.05
6.05 The Minister shall, on the request of any party, verify that any portion of a submission or supplement that is referred to in subparagraph 5 (3)(c)(iii) or paragraph 5 (3)(d) or produced as a result of an order made under subsection 6.04 (1) corresponds to the submission or supplement filed. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.06
6.06 On the request, made by way of a motion, of a person who imposed rules referred to in subsection 5 (3.5) or 6.03 (2) for maintaining the confidentiality of the information set out in any document, the Federal Court shall treat that information confidentially subject to any conditions that it considers just. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.07
6.07 (1) In an action brought under subsection 6 (1), the Federal Court may, on the motion of the second person, declare that a patent or certificate of supplementary protection is ineligible for inclusion on the register. (2) The Minister may intervene as of right in the motion and make representations and call evidence that are relevant to any issue in the motion or to the factors that the Federal Court is entitled to take into consideration in determining the issue. The Minister may intervene as of right in any appeal arising from the decision made on the motion, whether the Minister intervened at the Federal Court or not. (3) The Federal Court shall not, in whole or in part, dismiss the action solely on the basis that a patent or certificate of supplementary protection is ineligible for inclusion on the register. (4) Subsection (1) does not apply in respect of a patent on a patent list that was submitted before June 17, 2006. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.08
6.08 An action brought under subsection 6 (1) may, on the motion of a second person, be dismissed, in whole or in part, on the ground that it is redundant, scandalous, frivolous or vexatious or is otherwise an abuse of process in respect of one or more patents or certificates of supplementary protection. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.09
6.09 Every first person, second person and owner of a patent shall act diligently in carrying out their obligations under these Regulations and shall reasonably cooperate in expediting any action brought under subsection 6 (1) or a counterclaim brought under subsection 6 (3) to which they are a party. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.1
6.1 (1) An action brought under subsection 6 (1) shall be a specially managed proceeding in accordance with the Federal Courts Rules . (2) The case management judge who is assigned the specially managed proceeding shall conduct a case management conference as soon as feasible after the 10th day after proof of service of the statement of claim in the action is filed. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.11
6.11 (1) Any interlocutory order made in an action brought under subsection 6 (1) or a counterclaim brought under subsection 6 (3), including one that, in whole or in part, disposes of the action or counterclaim, may be appealed to the Federal Court of Appeal, with leave of that Court, and not to the Federal Court. (2) The motion for leave to appeal shall be filed no later than 10 days after the day on which that interlocutory order is made. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.12
6.12 (1) In an action brought under subsection 6 (1) or a counterclaim brought under subsection 6 (3), the Federal Court may make any order in respect of costs, including on a solicitor-and-client basis, in accordance with the Federal Courts Rules . (2) In addition to any other factor that the Federal Court may take into account in making an order in respect of costs, it may consider (a) the diligence with which the parties have pursued the action; (b) the extent to which they have reasonably cooperated in expediting the action; (c) the certification of a patent list that includes a patent that should not have been included under section 4; and (d) the failure of the first person to keep a patent list up to date in accordance with subsection 4 (7). SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.13
6.13 The person who brings an action under subsection 6 (1) shall provide to the Minister, as soon as feasible, a copy of the following documents in relation to the action: (a) the statement of claim, including any amendments to it; (b) any order made under subsection 6.04 (1) or 7 (8); (c) any declaration referred to in subsection 6 (1) or (3) or 6.07 (1); (d) the notice of motion and the motion record in respect of any motion referred to in subsection 6.07 (1); (e) any document discontinuing or dismissing the action, in whole or in part; (f) any notice of appeal, including a motion or application for leave to appeal, in relation to any document referred to in paragraph (b), (c) or (e); and (g) any judgment or order in an appeal, or a motion or application for leave to appeal, in relation to any document referred to in paragraph (b), (c) or (e). SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 8
8 (1) A second person may apply to the Federal Court or another superior court of competent jurisdiction for an order requiring all plaintiffs in an action brought under subsection 6(1) to compensate the second person for the loss referred to in subsection (2). (2) Subject to subsection (3), if an action brought under subsection 6 (1) is discontinued or dismissed or if a declaration referred to in subsection 6 (1) is reversed on appeal, all plaintiffs in the action are jointly and severally, or solidarily, liable to the second person for any loss suffered after the later of the day on which the notice of allegation was served, the service of which allowed that action to be brought, and of the day, as certified by the Minister, on which a notice of compliance would have been issued in the absence of these Regulations. (3) The Federal Court or the other superior court may specify another day for the purpose of subsection (2) if it concludes that the other day is more appropriate, including being more appropriate because the certified day was, by the operation of An Act to amend the Patent Act and the Food and Drugs Act (The Jean Chrétien Pledge to Africa) , chapter 23 of the Statutes of Canada, 2004, earlier than it would otherwise have been. (4) Subsections (1) to (3) do not apply if paragraph 7 (1)(d) has no application because its application has been renounced under paragraph 7 (5)(b). (5) If the Federal Court or the other superior court orders a second person to be compensated for a loss referred to in subsection (2), the court may, in respect of that loss, make any order for relief by way of damages that the circumstances require. (6) In assessing the amount of compensation — including any apportionment of that amount between the plaintiffs who are liable under subsection (2) — the court shall take into account all matters that it considers relevant to the assessment of the amount or the apportionment, including any conduct of the parties that contributed to delay the disposition of the action. (7) No action or proceeding lies against Her Majesty in right of Canada in respect of any loss referred to in subsection (2). SOR/98-166, ss. 8, 9; SOR/2006-242, s. 5; SOR/2010-212, s. 2(F); SOR/2017-166, s. 8
Patented Medicines (Notice of Compliance) Regulations — 8.1
8.1 A person who files a submission for a notice of compliance or a supplement to a submission for a notice of compliance in respect of a drug and who has reasonable grounds to believe that the making, constructing, using or selling of the drug might be alleged to infringe a patent or a certificate of supplementary protection is, if the submission or supplement directly or indirectly compares the drug with, or makes reference to, another drug marketed in Canada, an interested person (a) for the purpose of subsection 60(1) of the Patent Act with respect to bringing an action for a declaration that the patent or any claim in the patent is invalid or void; or (b) for the purpose of subsection 125(1) of that Act with respect to bringing an action for a declaration that the certificate of supplementary protection or any claim in the patent set out in it is invalid or void. SOR/2017-166, s. 8
Patented Medicines (Notice of Compliance) Regulations — 8.2
8.2 On receipt of a notice of allegation relating to a submission or supplement, a first person or owner of a patent may, under subsection 54(1) or 124(1) of the Patent Act , bring an action for infringement of a patent or certificate of supplementary protection — other than one that is the subject of an allegation set out in that notice — that could result from the making, constructing, using or selling of the drug in accordance with the submission or supplement. SOR/2017-166, s. 8
Patented Medicines (Notice of Compliance) Regulations — 9
9 (1) Service of any document referred to in these Regulations shall be effected personally or by registered mail. (2) Service by registered mail shall be deemed to be effected on the addressee five days after mailing.
Patented Medicines (Notice of Compliance) Regulations — 6
6 Section 4 of the Patented Medicines (Notice of Compliance) Regulations , as enacted by section 2 of these Regulations, does not apply to patents on a patent list submitted prior to June 17, 2006.
Patented Medicines (Notice of Compliance) Regulations — 7
7 (1) Subsection 5(1) of the Patented Medicines (Notice of Compliance) Regulations , as enacted by section 2 of these Regulations, applies to a second person who has filed a submission referred to in subsection 5(1) prior to the coming into force of these Regulations and the date of filing of the submission is deemed to be the date of the coming into force of these Regulations. (2) Subsection 5(2) of the Patented Medicines (Notice of Compliance) Regulations , as enacted by section 2 of these Regulations, applies to a second person who has filed a supplement to a submission referred to in subsection 5(2) prior to the coming into force of these Regulations and the date of filing of the supplement is deemed to be the date of the coming into force of these Regulations.
Patented Medicines (Notice of Compliance) Regulations — 8
8 Subsection 8(4) of the Patented Medicines (Notice of Compliance) Regulations , as enacted by subsection 5(2) of these Regulations, does not apply to an action commenced under section 8 of the Patented Medicines (Notice of Compliance) Regulations prior to the coming into force of these Regulations.
Patented Medicines (Notice of Compliance) Regulations — 9
9 (1) The Patented Medicines (Notice of Compliance) Regulations , as they read immediately before the day on which these Regulations come into force, continue to apply in respect of any matter that relates to a notice of allegation served on a first person before that day. (2) For greater certainty, sections 6 to 8 of the Regulations Amending the Patented Medicines (Notice of Compliance) Regulations , SOR/2006-242, continue to apply in respect of the provisions set out in those sections.
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993
Whereas the Public Service Commission has decided that it is not practicable nor in the best interests of the Public Service to apply the provisions of the Public Service Employment Act to all persons appointed on or after April 1, 1993 for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993;
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993
Whereas the Public Service Commission is of the opinion that it is desirable to make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993 ;
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993
Whereas the Public Service Commission has decided, pursuant to subsection 41(1) of the Public Service Employment Act , to exclude from the operation of the Public Service Employment Act all persons appointed on or after April 1, 1993 for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993;
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993
And Whereas the Public Service Commission recommends, pursuant to subsection 37(1) of the Public Service Employment Act , that the Governor in Council make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993 ;
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993
Therefore, His Excellency the Governor General in Council,
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — (a)
(a) on the recommendation of the Secretary of State of Canada, is pleased hereby, pursuant to subsection 41(1) of the Public Service Employment Act , to make the annexed Order approving the exclusion by the Public Service Commission from the operation of the Public Service Employment Act of all persons appointed on or after April 1, 1993, for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993 ; and
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — (b)
(b) on the recommendation of the Secretary of State of Canada and the Public Service Commission, is pleased hereby, pursuant to subsection 37(1) of the Public Service Employment Act , to make the annexed Regulations respecting the employment of persons for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993 .
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — 1
1 This Order may be cited as the Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 .
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — 2
2 In this Order, persons means persons who are not employed pursuant to the Public Service Employment Act . ( personne )
Department of Public Works Terms Under Three Months Exclusion Approval Order, 1993 — 3
3 The exclusion by the Public Service Commission from the operation of the Public Service Employment Act of all persons appointed on or after April 1, 1993, for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993, is hereby approved.
Department of Public Works Terms Under Three Months Regulations, 1993 — Department of Public Works Terms Under Three Months Regulations, 1993
Whereas the Public Service Commission has decided that it is not practicable nor in the best interests of the Public Service to apply the provisions of the Public Service Employment Act to all persons appointed on or after April 1, 1993 for one or more specified periods of less than three months totalling less than six months in the aggregate during any consecutive 12-month period for the purpose of being employed in the Department of Public Works in the Clerical and Regulatory group, the Secretarial, Stenographic, Typing group, the Data Processing group and the Office Equipment group of the Administrative Support Category, in the General Labour and Trades group, the General Services group, the Heating, Power and Stationary Plant Operation group and the Ships’ Crews group of the Operational Category, in the Drafting and Illustration group, the General Technical group, the Engineering and Scientific Support group, the Electronics group, the Ships’ Officers group and the Social Science Support group of the Technical Category, in the Architecture and Town Planning group and the Engineering and Land Survey group of the Scientific and Professional Category during the period beginning on April 1, 1993 and ending on December 31, 1993;