GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
By-laws of the College of Patent Agents and Trademark Agents — 51
Application 51 (1) Subject to sections 46 and 50 , a class 1 licensee, class 2 licensee or class 4 licensee who wishes to change the class of their licence must submit an application to the Registrar that contains the following information: (a) their name, address, telephone number and email address; (b) the class of licence for which they are applying; (c) their complete professional employment history; (d) in the case of a change to a class 1 licence or class 2 licence, proof that, as of the effective date of the new licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof of exemption from that requirement and the reason for the exemption; and (e) proof that they have complied with any continuing professional development requirements of the new class of licence. Return to practice after three years (2) A class 4 licensee who has held a class 4 licence for three years or more and who wishes to obtain either a class 1 licence or class 2 licence must submit an application to the Registrar that contains, in addition to the information required under subsection (1), the following information: (a) any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise; (b) a declaration that the applicant will practise with integrity, uphold the independence of their profession and comply with the Code; (c) proof that the applicant has completed any remedial training or examinations specified by the Registrar; and (d) any other information that the Registrar requires to determine whether the applicant meets the requirements of the new class of licence. Application fee (3) The application must be accompanied by the applicable fee set out in items 5 to 7 of Schedule 1, payable to the College.
By-laws of the College of Patent Agents and Trademark Agents — 52
Process 52 The Registrar must publish on the College’s website information about the qualifying examinations that includes (a) the dates of the examinations; (b) the registration process; (c) the examination fee set out in item 8 of Schedule 1; (d) the process for administering examinations; (e) the method of communication of the examination results; and (f) a statement that it is possible to request a re-marking of the examination.
By-laws of the College of Patent Agents and Trademark Agents — 53
Examination advisory group 53 The Registrar may appoint an advisory group composed of any combination of class 1 licensees, class 2 licensees and representatives of CIPO to assist the Registrar in preparing, administering and marking the qualifying examinations.
By-laws of the College of Patent Agents and Trademark Agents — 54
Training program 54 A class 3 licensee may write the qualifying examinations after they have completed a training program approved by the Registrar.
By-laws of the College of Patent Agents and Trademark Agents — 55
Qualifying examinations 55 (1) Subject to subsection (2), a class 3 licensee must write the qualifying examinations at the first sitting of the examinations that follows the completion of their training program. Request for delayed examinations (2) If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting. Examination fees (3) The licensee must pay to the College the examination fee set out in item 8 of Schedule 1 to write the qualifying examinations or any part of the examinations.
By-laws of the College of Patent Agents and Trademark Agents — 56
Re-marking examinations 56 (1) A licensee who receives less than a passing mark on the qualifying examinations may, on payment to the College of the fee set out in item 9 of Schedule 1, request that their examinations or any part of their examinations be re-marked. Non-application (2) Subsection (1) does not apply if the re-marking will not materially affect the outcome and result in a passing mark. Reimbursement of fee (3) If the re-marking of a licensee’s examinations results in their receiving a passing mark, the fee for re-marking paid under subsection (1) must be reimbursed to the licensee. No review (4) Re-marking results are not reviewable by the Registration Committee under section 66 .
By-laws of the College of Patent Agents and Trademark Agents — 57
Failure in examinations 57 (1) A licensee who does not initially receive a passing mark on the qualifying examinations may write them only one additional time, and must do so at the first sitting of the examinations that takes place after they receive their examination results or the results of any re-marking under subsection 56 (1). Request for delayed examinations (2) If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.
By-laws of the College of Patent Agents and Trademark Agents — 58
Undertaking 58 A licensee referred to in subsection 57 (1) must give an undertaking in writing to the Registrar that they agree not to practise until they have entered into a new training agreement with the same or another supervisor.
By-laws of the College of Patent Agents and Trademark Agents — 59
Remedial training 59 (1) If a class 3 licensee does not receive a passing mark on the qualifying examinations within two years after the day on which they complete the training program, they must provide the Registrar with a remedial training and education plan prepared in conjunction with their supervisor or, if they have no supervisor, in accordance with any conditions that the Registrar may impose on their licence. Re-examination (2) On completion of the remedial training and education plan, the licensee may, despite subsection 57 (1), request to rewrite the qualifying examinations or any part of the examinations, on payment to the College of the fee set out in item 8 of Schedule 1.
By-laws of the College of Patent Agents and Trademark Agents — 60
Waiver or modification of requirements 60 If an applicant for a licence or a licensee is unable to meet any requirement for licensing or training for reasons beyond their control, the Registrar may waive or modify that requirement on request by the applicant or licensee.
By-laws of the College of Patent Agents and Trademark Agents — 61
Registrar may impose conditions 61 The Registrar may impose either or both of the following conditions on a licence at the time of its issuance or reinstatement if it is in the public interest to do so: (a) that the licensee complete any remedial training and examinations specified by the Registrar; and (b) that the licensee work under the supervision of or in conjunction with a class 1 licensee approved by the Registrar, for a specified period.
By-laws of the College of Patent Agents and Trademark Agents — 62
Effective date 62 The Registrar must set the effective date of a licence when it is issued or reinstated.
By-laws of the College of Patent Agents and Trademark Agents — 63
Accommodation for applicants or licensees 63 The Registrar must reasonably accommodate an applicant for a licence or a licensee if they provide the Registrar with satisfactory information that demonstrates the need for an accommodation in order to provide a fair opportunity for the applicant or licensee to successfully complete any of the applicable training, qualifying examinations or other licensing requirements.
By-laws of the College of Patent Agents and Trademark Agents — 64
Eligibility 64 (1) The following individuals are eligible to act as the supervisor of a class 3 licensee: (a) a class 1 licensee; (b) subject to subsection (3), a class 2 licensee; (c) a representative of CIPO. Authorization (2) The Registrar must authorize an eligible individual set out in subsection (1) to act as the supervisor of a class 3 licensee if they apply to the Registrar and (a) have completed the supervisor training program; (b) demonstrate in their application how they will provide training that focuses on ethical and competent practices; (c) are not the subject of an investigation under section 37 of the Act; (d) are not the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; and (e) do not have a suspended licence. Additional requirement — class 2 licensees (3) In addition to meeting the requirements of subsection (2), a class 2 licensee must provide the Registrar with a training plan that demonstrates how the class 3 licensee under their supervision will receive training in the areas in which the class 2 licensee’s practice is restricted under section 47 . Remedial supervisor training (4) A supervisor must retake any part or all of the supervisor training program, as specified by the Registrar, if there are reasonable grounds to believe that the supervisor requires remedial training in some or all aspects of being a supervisor.
By-laws of the College of Patent Agents and Trademark Agents — 65
Revocation of authorization 65 The Registrar must revoke a supervisor’s authorization if (a) the supervisor no longer meets any of the criteria set out in paragraphs 64 (2)(b) to (e); (b) the supervisor does not comply with subsection 64 (4) when required; or (c) the supervisor’s licence is suspended or revoked.
By-laws of the College of Patent Agents and Trademark Agents — 66
Registrar’s decisions reviewable 66 An applicant for a licence or a licensee may request that the Registration Committee review any licensing decision of the Registrar with respect to their application or licence, as applicable.
By-laws of the College of Patent Agents and Trademark Agents — 67
Registration Committee 67 (1) On receipt of a request made under section 66 , the Registration Committee must consider the request and (a) affirm or vary the Registrar’s decision or dismiss the request; or (b) hold a hearing on the merits of the request and, at the conclusion of the hearing, affirm or vary the Registrar’s decision or dismiss the request. Additional information (2) The Registration Committee may request that the Registrar obtain additional information from the applicant or licensee and provide it to the Committee, at any time during the Committee’s consideration of the request, including during any hearing of the request. Written reasons (3) The Registration Committee must provide reasons to the applicant or licensee in writing for each action it takes under subsection (1). When Registrar’s decision varied (4) If the Registration Committee varies the Registrar’s decision, the Registrar must give effect to the varied decision without delay and notify the applicant or licensee and, if applicable, their supervisor. Decision final (5) The Registration Committee’s decision is final and not reviewable by the Board.
By-laws of the College of Patent Agents and Trademark Agents — 68
Requirements 68 A licensee must meet the following requirements in order to maintain the validity of their licence: (a) have the necessary skills and competencies to practise the profession; and (b) be of good character and remain fit to practise.
By-laws of the College of Patent Agents and Trademark Agents — 69
Professional liability insurance 69 (1) The professional liability insurance required by subsection 34(1) of the Act must meet the following requirements: (a) be issued by a company licensed in Canada; (b) cover claims made in and outside Canada; (c) indemnify the licensee for any civil liability that arises from their acting as either a patent agent or a trademark agent; and (d) have coverage limits of no less than $1 million per claim and $2 million aggregate per year. Exemptions (2) The following licensees are exempt from the requirement in subsection 34(1) of the Act to be insured against professional liability: (a) a class 3 licensee who has neither a supervisor nor a training agreement in effect and who has given an undertaking under section 58 ; (b) a class 4 licensee; (c) any licensee who is employed by an employer that carries on business in Canada and who provides patent agent or trademark agent services solely to their employer and not to the public. (d) [Repealed, SOR/2023-73, s. 90] SOR/2023-73, s. 90
By-laws of the College of Patent Agents and Trademark Agents — 70
Annual requirements 70 On or before March 31 of each year, every licensee must (a) pay to the College the applicable fee set out in items 10 to 16 of Schedule 1; (b) except for a class 4 licensee, file the annual licensee report with the Registrar; (c) if they are a class 3 licensee, provide the Registrar with the name of their supervisor; and (d) if they are a class 4 licensee, provide the Registrar with their contact information and a declaration that they (i) continue to be resident in Canada, (ii) have complied with the requirements of section 73 , and (iii) are not practising as a patent agent or trademark agent.
By-laws of the College of Patent Agents and Trademark Agents — 71
Annual report 71 The annual licensee report must contain all the following information in respect of the licensee: (a) confirmation of the mailing and civic addresses of each location of their business or practice, their email address and telephone number, and, if applicable, the name of their firm; (b) the areas of their practice and the approximate percentage by time or billings associated with each area; (c) the name of any professional regulatory body under which they are licensed; (d) confirmation of their professional liability insurance and the name of the insurer, or confirmation that they are exempt from the requirement to be so insured and the reason for the exemption; (e) the official language or languages in which they are able to practise as a patent agent or trademark agent; (f) their continuing professional development plan for the next year and a declaration that they have completed the previous year’s plan; (g) a declaration that they continue to be resident in Canada; (h) a declaration that they have complied with the requirements of section 73 ; and (i) any other information or documents that the Registrar determines are necessary to carry on the activities of the College.
By-laws of the College of Patent Agents and Trademark Agents — 72
Extension of deadlines 72 The Registrar may, having regard to the specific circumstances of the licensee, extend the deadline for payment of the licence renewal fees by a licensee and for filing the annual licensee report.
By-laws of the College of Patent Agents and Trademark Agents — 73
Licensees to advise Registrar 73 A licensee must advise the Registrar in writing as soon as feasible after the occurrence of any of the following: (a) they are served with an application for bankruptcy, make an assignment of property for the benefit of creditors or present a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act ; (b) they have a judgment entered against them by a court; (c) they are personally subject to an order for costs; (d) they are charged with, plead guilty to or are 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; or (e) they have their professional licence restricted or suspended by a professional regulatory body, or are 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.
By-laws of the College of Patent Agents and Trademark Agents — 74
Notice of suspension 74 The Registrar must give the notice under subsection 35(2) of the Act to the licensee at least seven days before the licence suspension is to take effect and must include in the notice the reasons for the suspension.
By-laws of the College of Patent Agents and Trademark Agents — 75
Lifting of suspension 75 (1) The Registrar must reinstate a licence suspended under section 35 of the Act if the licensee, within three years after the date of the suspension, corrects the failure that resulted in the suspension and pays to the College the reinstatement fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee. Lifting of suspension after three years (2) The Registrar must reinstate a licence that has been suspended under section 35 of the Act for more than three years if the Registrar determines that the licensee is of good character, is fit to practise and has (a) corrected the failure that resulted in the suspension; (b) completed any continuing professional development requirements that the Registrar may specify; (c) completed any further training and examinations that the Registrar may specify to address the failure that resulted in the suspension; and (d) paid to the College the fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.
By-laws of the College of Patent Agents and Trademark Agents — 76
Revocation after five-year suspension — notice 76 For the purpose of subsection 35(4) of the Act, the Registrar may revoke a licence that has been suspended for at least five years by giving notice to the licensee at their last known email address at least 30 days before the day on which the revocation is to take effect.
By-laws of the College of Patent Agents and Trademark Agents — 77
Application to surrender — requirements 77 (1) A licensee who wishes to surrender their licence under section 36 of the Act must submit an application to the Registrar that contains the following information: (a) their current and, if available, future contact information; (b) the reason for the surrender of the licence; (c) their complete professional employment history; (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 have 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); and (e) the applicable fees set out in items 18 and 19 of Schedule 1, together with any outstanding fees owed by the licensee, payable to the College. Verification of information (2) The Registrar may seek independent verification from a successor licensee of the information provided by a licensee under subparagraph (1)(d)(ii).
By-laws of the College of Patent Agents and Trademark Agents — 78
Surrender — approval and effective date 78 The Registrar may approve the surrender of a licence and set the effective date of the surrender if the Registrar is satisfied that the application to surrender the licence is complete and that the licensee is not the subject of (a) an investigation under section 37 of the Act; or (b) an application by the Investigations Committee under subsection 49(1) of the Act.
By-laws of the College of Patent Agents and Trademark Agents — 79
Deemed surrender 79 A licence is deemed to have been surrendered on the appointment of the licensee to the judiciary or on the death of the licensee.
By-laws of the College of Patent Agents and Trademark Agents — 80
Removal of personal information by Registrar 80 The Registrar must not make public in the Registers any of a licensee’s personal information , as defined in section 3 of the Privacy Act , that was added in accordance with section 28 or 31 of the Act.
By-laws of the College of Patent Agents and Trademark Agents — 81
Registrar’s certificate 81 On the request of a licensee and on payment to the College of the fee set out in item 20 of Schedule 1, the Registrar must produce a certificate that sets out the information in respect of the licensee that is contained in the Register.
By-laws of the College of Patent Agents and Trademark Agents — 82
Foreign practitioners — requirements 82 (1) A foreign practitioner who makes a request under paragraph 19(1)(b) or 20(1)(b) of the Regulations must pay to the College the fee set out in item 21 of Schedule 1. Foreign practitioners — continued inclusion in Register (2) In order to continue to be included in the Register, a foreign practitioner must provide the statement required by subsection 19(2) or 20(2) of the Regulations each year during the period beginning on May 1 and ending on June 30. Additional requirements (3) The statement must be accompanied by (a) proof, furnished by the relevant competent authority in the foreign practitioner’s country of residence, that they are authorized to act as a patent agent or as a trademark agent in that country; and (b) the fee set out in item 22 of Schedule 1, payable to the College. Extension of deadlines (4) The Registrar may, having regard to the specific circumstances of a foreign practitioner, extend the deadline for payment of the fee referred to in paragraph (3)(b).
By-laws of the College of Patent Agents and Trademark Agents — 83
Change of status 83 A foreign practitioner must notify the Registrar in writing without delay of the occurrence of any of the following: (a) they become a resident of Canada; (b) their country of residence changes, in which case they must provide the name of their new country of residence; (c) the country where they are authorized as a patent agent or trademark agent changes, in which case they must provide proof of the new authorization, furnished by the relevant competent authority; or (d) they cease to be authorized to act as a patent agent or trademark agent in any country.
By-laws of the College of Patent Agents and Trademark Agents — 84
Removal from Registers 84 The Registrar must remove from the Registers the name and contact information of any individual who no longer meets the requirements set out in paragraph 19(1)(a) or 20(1)(a) or subsection 19(2) or 20(2) of the Regulations.
By-laws of the College of Patent Agents and Trademark Agents — 85
Investigation 85 The Registrar must not dismiss a complaint when there are reasonable grounds to believe that the licensee who is the subject of the complaint has committed professional misconduct or was incompetent.
By-laws of the College of Patent Agents and Trademark Agents — 86
Request for appeal 86 A complainant’s request under subsection 38.1(4) of the Act for an appeal of the Registrar’s decision must be made in writing.
By-laws of the College of Patent Agents and Trademark Agents — 87
Licensee’s application for review of provisional action 87 (1) An application to the Discipline Committee under subsection 37.2(1) of the Act must be submitted to the Registrar and include a copy of the decision of the Investigations Committee made under subsection 37.1(1) of the Act and a description of the reasons for the appeal. Registrar to forward application (2) The Registrar must forward the application for review to the Discipline Committee together with a copy of the decision to be reviewed. Supplementary information (3) The Discipline Committee may request (a) that the licensee provide it with any additional information the Committee considers necessary to make its decision under subsection 37.2(2) of the Act; and (b) that the Investigations Committee provide it with any of the information and documents that the Investigations Committee considered in making its decision under subsection 37.1(1) of the Act.