GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Immigration and Citizenship Consultants Act — C-33.6 72
Non-application of certain Acts 72 For the purposes of judicial review, a decision of the College, including of its committees, is not a matter under the Citizenship Act or the Immigration and Refugee Protection Act .
College of Immigration and Citizenship Consultants Act — C-33.6 73
Minister — judicial review 73 If the Minister is a complainant, he or she may make an application to the Federal Court for judicial review of any decision of the College, including of its committees, relating to the complaint.
College of Immigration and Citizenship Consultants Act — C-33.6 73.1
Order 73.1 (1) If a licensee is not able to perform their activities as an immigration and citizenship consultant for any prescribed reason, the College may, in order to carry out its purpose, including to ensure the continuation of services to a licensee’s client, apply, without notice, to a court of competent jurisdiction, including the Federal Court, for an order authorizing the College or a person appointed by the court to administer any property in relation to those activities that is or should be in the licensee’s possession or under their control. Content of order (2) If the court concludes that it is necessary to ensure the continuation of services to the licensee’s clients or to otherwise permit the College to carry out its purpose, it may, for the purposes of subsection (1), (a) authorize the College or person appointed by the court to (i) enter a place, including a vehicle, in which the College or person has reasonable grounds to believe property referred to in subsection (1) is located, (ii) examine anything in the place, (iii) open or order any person to open any container or package found in the place, (iv) require the owner or person in charge of the place and any person in the place to give all assistance that is reasonably required to enable the College or person appointed by the court to execute the order and to provide any property referred to in subsection (1) or any information, and access to any data, that are reasonably required for that purpose, and (v) seize any document or other thing related to a client’s files and transfer it to the client or a licensee or person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act ; (b) order that any property referred to in subsection (1) is not to be dealt with by any person without leave of the court or is to be held in trust by the College or person appointed by the court; (c) require the licensee to account to the College or person appointed by the court for any property referred to in subsection (1); (d) provide for the compensation of the College or person appointed by the court for administering the licensee’s property and the reimbursement of any expenses the College or person incurs in doing so; and (e) provide for any other matter that it considers appropriate in the circumstances, including imposing conditions on the manner in which the College or person appointed by the court is to execute the order. Additional authority (3) The court may also authorize the College or person appointed by the court to seize and detain any property referred to in subsection (1) found in the place and transfer it to any person for the purpose of carrying on the licensee’s business operations or winding up their practice. Former licensee (4) For greater certainty, the College has jurisdiction to apply for an order referred to in subsection (1) in respect of a former licensee. 2023, c. 26, s. 295
College of Immigration and Citizenship Consultants Act — C-33.6 73.2
Limitation or prescription 73.2 The College is not permitted to make an application under subsection 73.1(1) after the sixth anniversary of the day on which a licensee ceases to be a licensee. 2023, c. 26, s. 295
College of Immigration and Citizenship Consultants Act — C-33.6 73.3
Application 73.3 Sections 52 and 53 apply in respect of an order issued under subsection 73.1(1) with any adaptations that may be necessary. 2023, c. 26, s. 295
College of Immigration and Citizenship Consultants Act — C-33.6 73.4
Obstruction and false statements 73.4 It is prohibited to obstruct or hinder, or make a false or misleading statement either orally or in writing, to the College or person appointed by the Court when the College or person is executing an order issued under subsection 73.1(1). 2023, c. 26, s. 295
College of Immigration and Citizenship Consultants Act — C-33.6 73.5
Information sharing 73.5 (1) The College may enter into an agreement or arrangement with any entity, including a government institution , as defined in section 3 of the Access to Information Act , or an institution of a government of a province or foreign state, for the sharing of information for the purpose of assisting in the administration and enforcement of this Act, or any other Act of Parliament or of a province or any other law, as it relates to immigration and citizenship consultants. Limitation (2) An agreement or arrangement entered into under subsection (1) is subject to the by-laws and regulations made under this Act. 2023, c. 26, s. 295
College of Immigration and Citizenship Consultants Act — C-33.6 74
Powers of Minister 74 (1) The Minister may (a) review the Board’s activities and require the Board to provide the Minister with reports and information, including confidential information; and (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law or to submit to an audit — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act. Deemed best interests (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.
College of Immigration and Citizenship Consultants Act — C-33.6 75
Person acting for Board 75 Subject to the regulations, the Minister may appoint a person to, in the place of the Board, exercise the Board’s powers and perform its duties and functions conferred under this Act that are specified by the Minister, on the conditions and for the period specified by the Minister.
College of Immigration and Citizenship Consultants Act — C-33.6 76
Observer 76 (1) The Minister may designate as an observer at meetings of the Board any officer or employee of the department over which the Minister presides. Confidential information (2) An observer is authorized to disclose confidential information to the Minister.
College of Immigration and Citizenship Consultants Act — C-33.6 77
Unauthorized practice 77 A person, other than a licensee, must not (a) use the title “immigration consultant,” “citizenship consultant,” “international student immigration advisor” or a variation or abbreviation of any of those titles, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a licensee; (b) represent themselves, in any way or by any means, to be a licensee; or (c) unless the person is a person referred to in paragraph 21.1(2)(a) or (b) or subsection 21.1(3) or (4) of the Citizenship Act or paragraph 91(2)(a) or (b) or subsection 91(3) or (4) of the Immigration and Refugee Protection Act , knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Citizenship Act , the submission of an expression of interest under subsection 10.1(3) of the Immigration and Refugee Protection Act or a proceeding or application under that Act.
College of Immigration and Citizenship Consultants Act — C-33.6 78
Injunction 78 On application by the College, if a court of competent jurisdiction is satisfied that a contravention of section 77 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.
College of Immigration and Citizenship Consultants Act — C-33.6 79
Offences and punishment 79 (1) Every person who contravenes section 55, 70 or 73.4 or an order made under paragraph 66(a) is guilty of an offence and liable (a) on conviction on indictment, to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both; or (b) on summary conviction, to a fine of not more than $10,000 or to imprisonment for a term of not more than six months, or to both. Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence. 2019, c. 29, s. 292 “79” 2023, c. 26, s. 296
College of Immigration and Citizenship Consultants Act — C-33.6 81
n the powers, duties, functions, conditions and period that the Minister may specify under that section; (w) respecting the collection, retention, use, disclosure and disposal of personal information for the purposes of this Act; and (x) prescribing anything that, by this Act, is to be or may be prescribed. Authorization (2) Regulations made under paragraphs (1)(c) to (f), (h) to (j), (l) to (p), (r), (s), (u) and (x) may authorize 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 . No waiver (3) For greater certainty, the disclosure of privileged information under a regulation made under paragraph (1)(q) to the Registrar, the Complaints Committee, an investigator or the Discipline Committee does not constitute a waiver of the privilege. 2019, c. 29, s. 292 “81” 2023, c. 26, s. 297
College of Immigration and Citizenship Consultants Act — C-33.6 82
Regulations prevail 82 The regulations prevail over the by-laws to the extent of any inconsistency or conflict between them.
College of Immigration and Citizenship Consultants Act — C-33.6 83
Definitions 83 The following definitions apply in sections 84 to 87 . Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011. ( Conseil ) date of continuance means the date specified in an order made under subsection 84 (2). ( date de prorogation ) date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force. ( date de transition )
College of Immigration and Citizenship Consultants Act — C-33.6
Council means the Immigration Consultants of Canada Regulatory Council incorporated under Part II of the Canada Corporations Act on February 18, 2011. ( Conseil )
College of Immigration and Citizenship Consultants Act — C-33.6
date of continuance means the date specified in an order made under subsection 84 (2). ( date de prorogation )
College of Immigration and Citizenship Consultants Act — C-33.6
date of transition means the day on which subsections 293(1) and 296(1) of the Budget Implementation Act, 2019, No. 1 come into force. ( date de transition )
College of Immigration and Citizenship Consultants Act — C-33.6 84
Application for continuance 84 (1) The Council may, if it is authorized to do so by its members in accordance with subsections 213(3) to (5) of the Canada Not-for-profit Corporations Act , apply to the Minister to be continued under this Act. Approval of application (2) Unless an order has been made under section 86 , after receiving an application made under subsection (1), the Minister must, by order, approve the continuance and specify a date of continuance. Copy of order (3) If the Minister makes an order under subsection (2), he or she must provide the Director appointed under section 281 of the Canada Not-for-profit Corporations Act with a copy of it. Canada Not-for-profit Corporations Act (4) An order made under subsection (2) is, for the purpose of subsection 213(7) of the Canada Not-for-profit Corporations Act , deemed to be a notice that the corporation has been continued, and that subsection 213(7) is to be applied in respect of the Council without regard to the words “if the Director is of the opinion that the corporation has been continued in accordance with this section”. Non-application of certain subsections (5) For the purposes of this Act, subsections 213(1), (2), (6) and (10) of the Canada Not-for-profit Corporations Act do not apply.
College of Immigration and Citizenship Consultants Act — C-33.6 85
quirement that is imposed by the by-laws with respect to continuing professional development, or (iv) comply with any requirement with respect to professional liability insurance that is imposed under this Act; (u) the prescribed period referred to in paragraph 69 (3)(b) is deemed to be two years until the day before the day on which a regulation made under section 81 prescribing the period comes into force; and (v) the prescribed amount referred to in paragraph 69 (3)(d) is deemed to be $10,000 until the day before the day on which a regulation made under section 81 prescribing the amount comes into force. Transitional provisions — new classes of licence (8) For greater certainty, the by-laws made under subsection 80 (1) may contain provisions in respect of the transition from the classes of licence referred to in paragraphs (7)(j) and (k) to the new classes of licence established by the by-laws.
College of Immigration and Citizenship Consultants Act — C-33.6 86
Establishment of College 86 If the Council has not been continued under section 84 and a period of six months — or any shorter period that the Governor in Council may, by order, specify — has elapsed after the day on which this section comes into force, the Minister may establish, by order, a corporation without share capital to be known as the College of Immigration and Citizenship Consultants.
College of Immigration and Citizenship Consultants Act — C-33.6 88
Regulations 88 The Governor in Council may make regulations providing for any other transitional matters arising from the coming into force of this Act.
College of Patent Agents and Trademark Agents Act — C-33.7 1
Short title 1 This Act may be cited as the College of Patent Agents and Trademark Agents Act . 2018, c. 27, s. 247 “1” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 2
Definitions 2 The following definitions apply in this Act. Board means the board of directors established under section 13 . ( conseil ) College means the College of Patent Agents and Trademark Agents established by section 5 . ( Collège ) investigator means an individual designated under section 42 . ( enquêteur ) licence means a licence issued under this Act. ( permis ) licensee means a patent agent or a trademark agent. ( titulaire de permis ) Minister means the federal minister designated under section 4 . ( ministre ) patent agent means an individual who holds a patent agent licence or a patent agent in training licence issued under section 26 . ( agent de brevets ) privileged means protected by litigation privilege, by solicitor-client privilege, by the professional secrecy of advocates and notaries or by the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act . ( protégé ) Registrar means the Registrar of the College appointed under section 22 . ( registraire ) trademark agent means an individual who holds a trademark agent licence or a trademark agent in training licence issued under section 29 . ( agent de marques de commerce ) 2018, c. 27, s. 247 “2” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7
Board means the board of directors established under section 13 . ( conseil )
College of Patent Agents and Trademark Agents Act — C-33.7
College means the College of Patent Agents and Trademark Agents established by section 5 . ( Collège )
College of Patent Agents and Trademark Agents Act — C-33.7
investigator means an individual designated under section 42 . ( enquêteur )
College of Patent Agents and Trademark Agents Act — C-33.7
licence means a licence issued under this Act. ( permis )
College of Patent Agents and Trademark Agents Act — C-33.7
licensee means a patent agent or a trademark agent. ( titulaire de permis )
College of Patent Agents and Trademark Agents Act — C-33.7
Minister means the federal minister designated under section 4 . ( ministre )
College of Patent Agents and Trademark Agents Act — C-33.7
patent agent means an individual who holds a patent agent licence or a patent agent in training licence issued under section 26 . ( agent de brevets )
College of Patent Agents and Trademark Agents Act — C-33.7
privileged means protected by litigation privilege, by solicitor-client privilege, by the professional secrecy of advocates and notaries or by the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act . ( protégé )
College of Patent Agents and Trademark Agents Act — C-33.7
Registrar means the Registrar of the College appointed under section 22 . ( registraire )
College of Patent Agents and Trademark Agents Act — C-33.7
trademark agent means an individual who holds a trademark agent licence or a trademark agent in training licence issued under section 29 . ( agent de marques de commerce )
College of Patent Agents and Trademark Agents Act — C-33.7 3
Binding on Her Majesty 3 This Act is binding on Her Majesty in right of Canada or a province.
College of Patent Agents and Trademark Agents Act — C-33.7 4
Designation of Minister 4 The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this Act.
College of Patent Agents and Trademark Agents Act — C-33.7 5
Establishment 5 (1) A corporation without share capital is established, to be known as the College of Patent Agents and Trademark Agents. Act not applicable to College (2) Subject to any regulations made under paragraph 76(1)(a.1), the Canada Not-for-profit Corporations Act does not apply to the College. 2018, c. 27, s. 247 “5” 2014, c. 20, s. 366(E) 2022, c. 10, s. 282
College of Patent Agents and Trademark Agents Act — C-33.7 6
Purpose 6 The purpose of the College is to regulate patent agents and trademark agents in the public interest, in order to enhance the public’s ability to secure the rights provided for under the Patent Act and the Trademarks Act . 2018, c. 27, s. 247 “6” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 7
Head office 7 The head office of the College is to be in the National Capital Region, as described in the schedule to the National Capital Act .
College of Patent Agents and Trademark Agents Act — C-33.7 8
Capacity 8 In carrying out its purpose, the College has the capacity and the rights, powers and privileges of a natural person, including the power to (a) purchase or otherwise acquire, or lease, any real or personal property or immovable or movable; (b) sell or otherwise dispose of, or lease, any of its acquired or leased property; and (c) borrow money. 2018, c. 27, s. 247 “8” 2022, c. 10, s. 283
College of Patent Agents and Trademark Agents Act — C-33.7 9
Not Crown agent 9 The College is not an agent of Her Majesty, and the College’s directors, the members of its committees, the Registrar, the investigators and any officers, employees, agents and mandataries of the College are not part of the federal public administration.
College of Patent Agents and Trademark Agents Act — C-33.7 10
Official Languages Act 10 The Official Languages Act applies to the College.
College of Patent Agents and Trademark Agents Act — C-33.7 11
Members 11 The members of the College are the licensees.
College of Patent Agents and Trademark Agents Act — C-33.7 12
Annual general meeting 12 The College must hold an annual general meeting of members within six months after the end of each calendar year, at a time and place in Canada fixed by the Board.
College of Patent Agents and Trademark Agents Act — C-33.7 13
Composition 13 (1) The College has a board of directors composed of at least seven directors, including the Chairperson. Order fixing number of directors (2) The Minister must, by order, fix the number of directors. Appointed directors (3) The Minister may, by order, fix the number of directors that are to be appointed to the Board and appoint those directors. Maximum number of appointed directors (4) The number of appointed directors fixed under subsection (3) must not be greater than the minimum number that is required to constitute a majority of directors on the Board. Elected directors (5) The remaining directors are to be licensees elected in accordance with the by-laws, and at least one elected director must be a patent agent and at least one must be a trademark agent. 2018, c. 27, s. 247 “13” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 14
Ineligibility 14 An individual is not eligible to be appointed or elected as a director if they (a) are less than 18 years of age; (b) have the status of bankrupt; (c) are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks; (d) were, within the preceding 12 months, a member of a governing body or a steering committee of an association referred to in paragraph (c); (e) in the case of an appointment to the Board, (i) are a licensee, or (ii) are employed by a department , as defined in section 2 of the Financial Administration Act ; or (f) in the case of election to the Board, (i) have a licence that is suspended, or (ii) meet any other ineligibility criteria set out in the by-laws. 2018, c. 27, s. 247 “14” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 15
Term 15 (1) Each director is to be appointed or elected for a term of not more than three years, and may be reappointed or re-elected for subsequent terms of not more than three years each. Determination of term (2) The length of a director’s term is (a) set out by the Minister in the order appointing the director, if the director is appointed; or (b) determined in accordance with the by-laws, if the director is elected. Staggered terms (3) For greater certainty, it is not necessary that all directors hold office for terms that begin or end on the same day. Continuation in office — appointed directors (4) Despite subsection (1) and subject to section 17 , an appointed director continues to hold office until they are re-appointed or their successor is appointed. Vacancies during term (5) If an elected director has ceased to hold office before the expiry of their term, the Board may, in accordance with the by-laws, appoint an individual to fill that vacancy for the unexpired portion of that term or for any shorter period that the Board fixes. 2018, c. 27, s. 247 “15” 2022, c. 10, s. 284
College of Patent Agents and Trademark Agents Act — C-33.7 16
Removal — appointed directors 16 (1) An appointed director holds office during good behaviour and may be removed for cause by the Minister. Removal — elected directors (2) An elected director may be removed in accordance with the by-laws.
College of Patent Agents and Trademark Agents Act — C-33.7 17
Ceases to be director 17 A director ceases to be a director if they (a) die; (b) resign; (c) become bankrupt; (d) become a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks; (e) become a member of a governing body or a steering committee of an association referred to in paragraph (d); (f) are removed from office under section 16 ; (g) in the case of an appointed director, (i) become a licensee, or (ii) become an employee of a department , as defined in section 2 of the Financial Administration Act ; or (h) in the case of an elected director, (i) have a licence that is suspended, (ii) cease to be a licensee, or (iii) meet the ineligibility criteria set out in the by-laws. 2018, c. 27, s. 247 “17” 2014, c. 20, s. 366(E)