GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
By-laws of the College of Patent Agents and Trademark Agents — 13
Ineligibility criteria 13 For the purposes of subparagraphs 14(f)(ii) and 17(h)(iii) of the Act, an individual is not eligible to be an elected director if (a) in the five years immediately before the day of the election, they have been found to have committed professional misconduct or to be incompetent by the Discipline Committee; (b) in the five years immediately before the day of the election, they have been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding; (c) they are the subject of an action taken by the Investigations Committee under subsection 37.1(1) of the Act; (d) they are the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; (e) they have already served as a director for a period of six years and, on the date of the election, less than two years have elapsed since the end of that period; (f) they are employed by a department , as defined in section 2 of the Financial Administration Act ; (g) they have not provided the CEO with a declaration regarding conflicts of interest; or (h) they have not attended an orientation for prospective candidates for election.
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Conflict of interest 14 An individual must not be appointed or elected or continue as a director if doing so would place them in a conflict of interest.
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Confirmation of nominations 15 (1) The CEO must confirm the eligibility of every nominee to become a candidate for election as a director in accordance with the criteria set out in section 14 of the Act and sections 13 and 14 of these By-laws. Disputes about eligibility (2) The CEO must refer any dispute about the eligibility of a nominee to the Election Commissioner, who will make a decision regarding the nominee’s eligibility on the basis of the CEO’s reasons and a submission from the nominee. Equal number of eligible nominees and positions (3) If, at the end of the nominations period, the number of eligible nominees for election is less than or equal to the number of vacant director positions, the CEO is to declare those nominees elected and notify the nominees and the members accordingly.
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Notice of withdrawal by candidate 16 A candidate who withdraws from an election must give notice to the CEO in writing.
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Voting 17 (1) A licensee whose licence is not suspended is eligible to vote in an election for directors. Electronic voting (2) Voting during an election of directors is to be done by electronic means.
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Disputes concerning election results 18 (1) If a candidate asserts that there are reasonable grounds to dispute the validity of the election results, the candidate may file a notice of dispute with the Election Commissioner that must include the procedural defect being alleged. Time limit for filing (2) The notice of dispute must be filed within five days after the day on which the election results are published on the College’s website. Inquiry by Election Commissioner (3) The Election Commissioner must hold an inquiry if they find that the notice of dispute demonstrates reasonable grounds to doubt the validity of the election process. Report and recommendations (4) The Election Commissioner must prepare a written report of their findings and recommendations and submit it to the Board.
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Declaration by Board 19 (1) The Board may, after reviewing the Election Commissioner’s report and recommendations, take either of the following actions: (a) declare the election result to be valid; or (b) declare the election result to be invalid and (i) declare another candidate to have been elected, or (ii) direct that another election be held. Minor procedural defect (2) An election result is not invalid based solely on a minor procedural defect.
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Removal — elected directors 20 (1) The directors may, by resolution, remove an elected director from office for cause if (a) a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and (b) notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion. Removal — appointed directors (2) The directors may, by resolution, request that the Minister remove an appointed director from office for cause if (a) a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and (b) notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.
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Ineligibility due to absences 21 An elected director who, without a valid reason, is absent from two consecutive Board meetings has met the ineligibility criteria for the purpose of subparagraph 17(h)(iii) of the Act.
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Frequency of meetings 22 (1) The Board is to meet at least four times each year. The Board sets the location of the meeting or the electronic means to be used in order to hold the meeting. Electronic means (2) A Board meeting held by electronic means must be conducted by any means that permits all persons who are participating in the meeting to communicate with each other simultaneously.
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Quorum 23 The quorum for a Board meeting is five directors.
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Rules of order 24 The Board must adopt rules of order for the conduct of its meetings.
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Notice of meeting 25 (1) At least seven days before a Board meeting, the CEO must publish on the College’s website (a) the agenda and any meeting materials that are not confidential; and (b) any information that enables the public to participate in the meeting, including how to access the meeting if it is to be held by electronic means. Failure to publish notice (2) Failure of the CEO to publish the notice does not invalidate the meeting.
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Agenda 26 The agenda for a Board meeting must relate only to the Board’s work.
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Simple majority 27 Subject to sections 20 and 34, a motion or resolution tabled at a Board meeting is decided by a majority vote of the directors who are in attendance at the meeting.
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Adjournments 28 The Chairperson may, with the consent of a majority of directors who are in attendance at a meeting, adjourn the meeting to a fixed time and place.
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In camera meetings 29 (1) The Board may exclude the public from a Board meeting to discuss any matter if the Board is of the opinion that the harm of public disclosure of the matter under consideration outweighs the benefits of open discussion and attendance by the public. In camera meetings — exclusion of CEO (2) The Board may exclude the CEO from an in camera meeting (a) to consider the CEO’s appointment, reappointment, dismissal, performance or terms of office; or (b) to provide an opportunity for the directors to discuss matters relevant only to directors.
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Special Board meetings — notice 30 (1) The Chairperson, or any three directors, may call a special Board meeting to be held by electronic means by providing at least 24 hours’ written notice to the CEO. Receipt of notice (2) As soon as feasible after receiving the notice, the CEO must (a) advise the directors and the public of the reason for the meeting, the date and time when it will be held, and the electronic means for participating in the meeting; and (b) publish on the College’s website the agenda and any meeting materials that are not confidential. Failure to publish (3) Failure of the CEO to publish the notice does not invalidate the meeting.
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Chairperson and CEO 31 (1) The Chairperson and the CEO are the officers of the College. CEO (2) The CEO serves ex officio and does not have a vote at Board meetings.
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Duties of Chairperson 32 The Chairperson has the following duties: (a) carry out the College’s business; (b) act as the spokesperson for the Board; and (c) participate in the Board’s decision-making.
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Election of Chairperson 33 (1) The Board is to elect a Chairperson from among the directors, for a term of two years. Vacancy — Chairperson (2) If the office of Chairperson becomes vacant before the end of the two-year term, the Board is to elect a replacement Chairperson, to hold office until the end of the original term, at which time an election to fill the position must be held.
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Removal of Chairperson 34 The directors may, by resolution, remove the Chairperson from office if (a) a motion is made to remove the Chairperson and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and (b) notice of the intention to make the motion is provided to the Board and the Chairperson at least two weeks in advance of the vote on the motion.
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Vice-chairperson 35 (1) The Board may elect a Vice-chairperson from among the directors, on a temporary basis for a term to be specified by the Chairperson at the time of the election. Duties of Vice-chairperson (2) A Vice-chairperson has the following duties: (a) perform the duties of the Chairperson when the Chairperson is absent or otherwise unavailable to act; and (b) carry out any other duties and responsibilities that are assigned by the Board.
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Duties of CEO 36 The CEO has the following duties: (a) provide leadership, support and strategic advice to the Board to assist the Board in meeting its obligations and objectives; (b) manage, coordinate and maintain the College’s operations, administration, finances and organization; (c) develop operational and management policies for the College; (d) counsel and assist the Board and committees in carrying out their assigned functions; (e) assist the Board in complying with all relevant legislation and policies; (f) administer the election process for the election of directors, including (i) each year, determining whether an election is needed, (ii) confirming the eligibility of nominees to become candidates for election, and (iii) publishing the dates of elections on the College’s website; (g) engage, direct and supervise employees and contractors of the College and develop succession plans for College staff and contracted functions; (h) maintain accurate minutes of Board meetings and have them approved by the Board and maintained by the College; (i) act as the spokesperson for the College; (j) when the College submits its annual report to the Minister, make public the amounts paid to directors and committee members as remuneration and expense reimbursements; and (k) perform all other duties and functions that are assigned by the Board.
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Deputy CEO 37 (1) The Board may appoint a Deputy CEO, who serves as acting CEO during the CEO’s absence. Vacancy of both CEO and Deputy CEO (2) If the office of CEO becomes vacant and there is no Deputy CEO, the Board must appoint an individual to serve as acting CEO until a new CEO is appointed.
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Duties of Registrar 38 The Registrar has the following duties: (a) establish regulatory policies, either on their own initiative or at the request of the Board or a committee, and publish them on the College’s website; and (b) perform all other duties and functions that are assigned by the Board or under the Act, the Regulations or these By-laws.
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Deputy Registrar 39 (1) The Board must appoint a Deputy Registrar, who serves as acting Registrar during the Registrar’s absence. Vacancy of both Registrar and Deputy Registrar (2) If the office of Registrar becomes vacant and there is no Deputy Registrar, the Board must appoint an individual to serve as acting Registrar until a new Registrar is appointed.
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Committees created 40 The following committees are created: (a) the Registration Committee; (b) the Governance Committee; and (c) the Audit and Risk Committee.
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Registration Committee 41 The Registration Committee is created to, among other things, (a) set the standards for the qualifying examinations and the evaluation of licensees; and (b) review the Registrar’s licensing decisions when a request is made under section 66 .
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Governance Committee 42 The Governance Committee examines governance practices, including Board practices and performance, and makes recommendations to the Board.
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Audit and Risk Committee 43 The Audit and Risk Committee assists the Board in fulfilling its fiduciary obligations or obligations of loyalty and good faith and its oversight responsibilities relating to financial planning and reporting, the audit process, the system of corporate controls and risk management and, when required, makes recommendations to the Board.
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Remuneration of committee members 44 (1) The College must pay to each member of a committee the remuneration set out in Schedule 2. Reimbursement of expenses (2) Every committee member is entitled to reimbursement of reasonable expenses that they incur while performing their duties and functions as committee members.
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Application 45 (1) An applicant for a class 1 licence must submit an application to the Registrar that contains the following information: (a) their name, address, telephone number and email address; (b) proof that they are resident in Canada; (c) their complete professional employment history; (d) proof that they successfully completed the applicable agent training program and the qualifying examinations; (e) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; (f) any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise; (g) a declaration that the applicant will, when licensed, practise with integrity, uphold the independence of the profession and comply with the Code; and (h) any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence. Timing and application fee (2) The application must be submitted to the Registrar within six months after the day on which the College advises the applicant of their successful completion of the qualifying examinations and be accompanied by the fee set out in item 1 of Schedule 1, payable to the College. Licence fee (3) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 10 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
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Application 46 (1) A class 1 licensee who wishes to obtain a class 2 licence must submit an application to the Registrar that contains the following information: (a) their name, address, telephone number and email address; (b) their complete professional employment history; (c) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; and (d) confirmation of the following: (i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred, (ii) that they have assigned any matters in progress at CIPO to one or more licensees described in subparagraph (i) and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and (iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i). Application fee (2) The application must be accompanied by the fee set out in item 2 of Schedule 1, payable to the College. Verification of information (3) The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii). Licence fee (4) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 12 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
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Restriction on class 2 licences 47 A class 2 licensee is not entitled to represent persons in the presentation and prosecution of applications for patents or for the registration of trademarks or in other business before CIPO.
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Application 48 (1) An applicant for a class 3 licence must submit an application to the Registrar that contains the following information: (a) their name, address, telephone number and email address; (b) proof that they are resident in Canada; (c) their complete professional employment history; (d) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; (e) a criminal record check; (f) records of any disciplinary sanction by an employer, academic institution, professional regulatory body, or any other body or association of which the applicant is or was a member; (g) records of any bankruptcy or insolvency; (h) a declaration that the applicant (i) has not been served with an application for bankruptcy, made an assignment of property for the benefit of creditors or presented a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act , (ii) has not had a judgment entered against them by a court, (iii) is not personally subject to an order for costs, (iv) has not been charged with, pleaded guilty to or been found guilty of any offence under the Criminal Code , the Controlled Drugs and Substances Act , the Income Tax Act , the Excise Tax Act , a provincial act respecting securities, employment standards or official languages or any other provincial act that creates an offence that implicates an individual’s integrity, and (v) has not had their professional licence restricted or suspended by a professional regulatory body, or been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body would make its finding; (i) a list of any degrees, diplomas and certificates that they have been awarded in or outside Canada and the names of the educational institutions that awarded them; (j) the name of every professional regulatory body under which the applicant is licensed to practise in or outside Canada; (k) evidence that the applicant is proficient in one or both of the official languages; (l) a specimen signature, a current photograph and any other information necessary to confirm their identity; (m) a copy of a training agreement executed by the applicant and their supervisor; and (n) any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence. Application fee (2) The application must be accompanied by the fee set out in item 3 of Schedule 1, payable to the College. Licence fee (3) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 14 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
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Conditions on licence 49 The following conditions apply to a class 3 licence: (a) the licensee must comply with the terms of the training agreement; and (b) the licensee must not, without the supervision of a class 1 licensee and without a training agreement in effect, represent any person in the presentation or prosecution of an application for a patent or for the registration of a trademark or in any other business before CIPO.
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Application 50 (1) A class 1 licensee or class 2 licensee who wishes to obtain a class 4 licence must submit an application to the Registrar that contains the following information: (a) their name, address, telephone number and email address; (b) their complete professional employment history; (c) a declaration that they are not practising as a patent agent or trademark agent; and (d) confirmation of the following: (i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred, (ii) that they have assigned to one or more licensees described in subparagraph (i) any matters in progress at CIPO and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and (iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i). Application fee (2) The application must be accompanied by the fee set out in item 4 of Schedule 1, payable to the College. Verification of information (3) The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii). Licence fee (4) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 16 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.