GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Patent Agents and Trademark Agents Act — C-33.7 18
Remuneration 18 The College may pay to the directors the remuneration and expenses that are determined in accordance with the by-laws.
College of Patent Agents and Trademark Agents Act — C-33.7 19
Chairperson 19 (1) The Chairperson is to be elected by the Board from among the directors in accordance with the by-laws. Duties (2) The Chairperson presides over meetings of the Board and performs any other duties that are assigned to the Chairperson by the by-laws. Removal (3) The Board may remove the Chairperson in accordance with the by-laws.
College of Patent Agents and Trademark Agents Act — C-33.7 20
Meetings 20 (1) The Board must hold a meeting at least once every calendar year. Open to public (2) Subject to the by-laws, meetings of the Board are open to the public.
College of Patent Agents and Trademark Agents Act — C-33.7 20.1
Power to act on College’s behalf 20.1 For the purposes of this Act, the Board may act on the College’s behalf and may, by by-law, authorize the College’s directors, the members of its committees, the Registrar, the investigators and any officers or employees of the College to act on behalf of the College. 2022, c. 10, s. 285
College of Patent Agents and Trademark Agents Act — C-33.7 21
Investigations Committee and Discipline Committee 21 (1) Two committees of the College are established, to be known as the Investigations Committee and the Discipline Committee. Appointment (2) The members of each committee are to be appointed by the Board in accordance with the regulations. Limitation (3) An individual is not permitted to be a member of either committee if (a) they are a member of an association whose primary purpose is to represent the interests of persons who provide advice on patents or trademarks; or (b) they are a member of a governing body or a committee of an association referred to in paragraph (a). Limitation (4) An individual is not permitted to be a member of the Discipline Committee and the Investigations Committee at the same time. 2018, c. 27, s. 247 “21” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 22
Registrar 22 (1) The Board must appoint a Registrar of the College, who is responsible for the Register of Patent Agents and the Register of Trademark Agents. Delegation (2) Subject to the regulations, the Registrar may delegate any of the powers, duties and functions conferred on the Registrar under this Act. 2018, c. 27, s. 247 “22” 2014, c. 20, s. 366(E) 2022, c. 10, s. 286
College of Patent Agents and Trademark Agents Act — C-33.7 23
Chief Executive Officer 23 The Board may appoint a Chief Executive Officer, who is responsible for the College’s day-to-day operations.
College of Patent Agents and Trademark Agents Act — C-33.7 23.1
Responsibility for damages — directors and others 23.1 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act: (a) a current or former director of the Board; (b) a current or former member of a committee of the College; (c) the Registrar or a former Registrar; (d) a current or former investigator; (e) a current or former officer, employee, agent or mandatary of the College; and (f) a person who is or has been engaged by the College. 2022, c. 10, s. 287
College of Patent Agents and Trademark Agents Act — C-33.7 23.2
Right of indemnification 23.2 The College must indemnify the persons referred to in section 23.1 against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by them in respect of any civil, criminal, administrative or other proceeding in which they are involved for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act. 2022, c. 10, s. 287
College of Patent Agents and Trademark Agents Act — C-33.7 23.3
Responsibility for damages — complainant or others 23.3 No action or other proceeding for damages lies or may be instituted against a person for disclosing any information or document to the College or to an investigator in good faith, or for making a complaint about a licensee to the College in good faith. 2022, c. 10, s. 287
College of Patent Agents and Trademark Agents Act — C-33.7 24
Powers of Minister 24 (1) The Minister may (a) review the Board’s activities and require the Board to provide reports and information, other than privileged information, to the Minister; or (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law — 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 Patent Agents and Trademark Agents Act — C-33.7 25
Annual report 25 (1) On or before March 31 of each year, the College must submit to the Minister a report on the College’s activities during the preceding calendar year. Tabling report (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.
College of Patent Agents and Trademark Agents Act — C-33.7 26
Patent agent licence 26 (1) On application, the Registrar must issue a patent agent licence to an individual who meets the requirements under the regulations. Patent agent in training licence (2) On application, the Registrar must issue a patent agent in training licence to an individual who meets the requirements under the regulations. Conditions (3) A licence issued under this section is subject to any conditions imposed under this Act.
College of Patent Agents and Trademark Agents Act — C-33.7 27
Representation before Patent Office 27 Subject to any restrictions imposed under this Act, a patent agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for patents or in other business before the Patent Office.
College of Patent Agents and Trademark Agents Act — C-33.7 28
Register 28 (1) The Register of Patent Agents must include the following information: (a) the name and contact information of every patent agent and the name and contact information of any firm of which the patent agent is a member; (b) for every patent agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation; (c) in the case of a patent agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended; (d) for every patent agent, all disciplinary measures imposed on them by the Discipline Committee; (e) the name of every individual whose patent agent licence or patent agent in training licence was surrendered or revoked; and (f) any other information required by the regulations or by-laws. Updated information (2) The Registrar must ensure that the information included in the Register is updated in a timely manner. Available to public (3) The Register must be made available to the public on the College’s website in a searchable format. Information for Commissioner of Patents (4) The Registrar must provide the Commissioner of Patents, within the time and in the form and manner that are specified by the Commissioner, with the most recent information referred to in paragraph (1)(a), other than information relating to a patent agent whose licence is suspended.
College of Patent Agents and Trademark Agents Act — C-33.7 29
Trademark agent licence 29 (1) On application, the Registrar must issue a trademark agent licence to an individual who meets the requirements under the regulations. Trademark agent in training licence (2) On application, the Registrar must issue a trademark agent in training licence to an individual who meets the requirements under the regulations. Conditions (3) A licence issued under this section is subject to any conditions imposed under this Act. 2018, c. 27, s. 247 “29” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 30
Representation before Office of the Registrar of Trademarks 30 Subject to any restrictions imposed under this Act, a trademark agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks. 2018, c. 27, s. 247 “30” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 31
Register 31 (1) The Register of Trademark Agents must include the following information: (a) the name and contact information of every trademark agent and the name and contact information of any firm of which the trademark agent is a member; (b) for every trademark agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation; (c) in the case of a trademark agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended; (d) for every trademark agent, all disciplinary measures imposed on them by the Discipline Committee; (e) the name of every individual whose trademark agent licence or trademark agent in training licence was surrendered or revoked; and (f) any other information required by the regulations or by-laws. Updated information (2) The Registrar must ensure that the information included in the Register is updated in a timely manner. Register available to public (3) The Register must be made available to the public on the College’s website in a searchable format. Information for Registrar of Trademarks (4) The Registrar must provide the Registrar of Trademarks, within the time and in the form and manner that are specified by the Registrar of Trademarks, with the most recent information referred to in paragraph (1)(a), other than information relating to a trademark agent whose licence is suspended. 2018, c. 27, s. 247 “31” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 32
Standards of professional conduct and competence 32 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.
College of Patent Agents and Trademark Agents Act — C-33.7 33
Code of professional conduct 33 (1) The Minister must, by regulation, establish a code of professional conduct for licensees. Amendment or repeal (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.
College of Patent Agents and Trademark Agents Act — C-33.7 34
Professional liability insurance 34 (1) Subject to subsections (2) and (3), a licensee must be insured against professional liability. Exception — employee of Her Majesty (2) A licensee who is employed by Her Majesty in right of Canada or a province, or by an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province, is not required to be insured against professional liability for work done as a licensee within the scope of that employment. Exception — by-laws (3) A licensee may be exempted by the by-laws from the application of subsection (1).
College of Patent Agents and Trademark Agents Act — C-33.7 35
Suspension 35 (1) The Registrar may, in accordance with the by-laws, suspend a licence if the licensee fails to (a) pay the annual fee in accordance with the by-laws; (b) pay, within the time and in the manner provided for under this Act, any other fee or amount that the licensee is required to pay under this Act; (c) provide any information or document in accordance with the by-laws; (d) comply with any requirement that is imposed by the by-laws with respect to continuing professional development; (e) comply with a condition of their licence that is imposed under this Act; (f) comply with any requirement with respect to professional liability insurance that is imposed under this Act; or (g) comply with any other requirement that is imposed under the by-laws. Notification (2) The Registrar must notify a licensee in writing if their licence is suspended under this section. Length of suspension (3) A licence is suspended under this section until the licensee complies with the requirements set out in the by-laws to address the failure that led to the suspension or until the licence is revoked by the Registrar under subsection (4). Revocation (4) The Registrar may, in accordance with the by-laws, revoke a suspended licence if it has been suspended under this section for the applicable period of time that is specified in the by-laws.
College of Patent Agents and Trademark Agents Act — C-33.7 36
Surrender of licence 36 The Registrar may, in accordance with by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.
College of Patent Agents and Trademark Agents Act — C-33.7 37
Investigation 37 The Investigations Committee must, on the basis of a complaint or on its own initiative, conduct an investigation into a licensee’s conduct and activities if it has reasonable grounds to believe that the licensee has committed professional misconduct or was incompetent.
College of Patent Agents and Trademark Agents Act — C-33.7 37.1
Powers 37.1 (1) The Investigations Committee may take any of the following actions in respect of a licensee who is under investigation if it is satisfied that it is necessary for the protection of the public: (a) impose conditions on a licence of the licensee; (b) impose restrictions on the licensee’s entitlement to represent persons under section 27 or 30; (c) suspend a licence of the licensee. Notice (2) The Investigations Committee must notify the licensee in writing of any action taken in respect of the licensee and must inform them of their right to make an application for a review by the Discipline Committee at any time. Action is provisional (3) Any action taken under subsection (1) is provisional and ceases to have effect if (a) the Discipline Committee makes a decision under subsection 37.2 (2) that amends or revokes the action; (b) the Investigations Committee dismisses the matter under subsection 49 (1); (c) the Investigations Committee withdraws the application under section 50 ; (d) the Discipline Committee exercises its powers under section 56 ; or (e) the Discipline Committee renders a decision under section 57 . 2022, c. 10, s. 288
College of Patent Agents and Trademark Agents Act — C-33.7 37.2
Request for review 37.2 (1) A licensee who receives a notice under subsection 37.1 (2) may, at any time, request a review of the decision of the Investigations Committee made under subsection 37.1(1) by making an application to the Discipline Committee. Decision (2) On completion of the review, the Discipline Committee may confirm, amend or revoke any action taken by the Investigations Committee. If the Discipline Committee amends the actions, they cease to have effect in the circumstances referred to in paragraphs 37.1 (3)(b) to (e). Notice (3) The Discipline Committee must, in writing, notify the licensee and the Investigations Committee of its decision and the reasons for it. 2022, c. 10, s. 288
College of Patent Agents and Trademark Agents Act — C-33.7 38
Notice to licensee 38 The Investigations Committee must give notice, before the conclusion of the investigation and in accordance with the by-laws, of the nature of an investigation to the licensee who is its subject and give the licensee a period of at least 30 days after the date of the notice within which they may make written representations to the Committee.
College of Patent Agents and Trademark Agents Act — C-33.7 38.1
Dismissal or referral 38.1 (1) The Registrar must consider all complaints received by the College relating to professional misconduct or incompetence by a licensee and may, subject to and in accordance with the by-laws, dismiss any complaint, in whole or in part, for any of the reasons set out in the regulations, but if they do not dismiss the complaint the Registrar must refer it to the Investigations Committee for consideration. Notice of dismissal (2) If the Registrar dismisses the complaint, the Registrar must notify the complainant in writing of the decision and the reasons for the dismissal and the notice must inform the complainant of their right to appeal the decision to the Investigations Committee within 30 days after the date of the notice. Limitation (3) The Registrar is not permitted to disclose privileged information in their notice to the complainant. Appeal (4) The complainant who receives a notice under subsection (2) may, within 30 days after the date of the notice, request an appeal of the Registrar’s decision to the Investigations Committee. Decision (5) The Investigations Committee must dispose of the appeal by dismissing it or allowing it and, if they allow it, they must consider the complaint. 2022, c. 10, s. 289
College of Patent Agents and Trademark Agents Act — C-33.7 39
Role of Investigations Committee 39 The Investigations Committee must consider all complaints that are referred to it by the Registrar and make a determination in respect of all appeals requested under subsection 38.1 (4). 2018, c. 27, s. 247 “39” 2022, c. 10, s. 289
College of Patent Agents and Trademark Agents Act — C-33.7 40
Conclusion of consideration 40 (1) If, after considering a complaint, the Investigations Committee does not have reasonable grounds to believe that the licensee has committed professional misconduct or was incompetent, the Committee must dismiss the complaint and notify the complainant in writing of the dismissal and the reasons for it. Limitation (2) The Investigations Committee is not permitted to disclose privileged information in its notice to the complainant.
College of Patent Agents and Trademark Agents Act — C-33.7 41
Referral 41 With the complainant’s consent, the Investigations Committee may refer a complaint that it has dismissed to a body that has a statutory duty to regulate a profession.
College of Patent Agents and Trademark Agents Act — C-33.7 42
Investigator 42 (1) The Investigations Committee may designate an individual as an investigator to conduct an investigation under the Committee’s direction. Revocation (2) The Investigations Committee may revoke the designation.
College of Patent Agents and Trademark Agents Act — C-33.7 43
Powers of investigator 43 (1) For the purpose of investigating a licensee’s conduct and activities, an investigator may (a) subject to subsection (3), enter the licensee’s business premises at any reasonable time and require the production of any document or other thing that is relevant to the investigation, and examine or copy the document or thing or remove it for examination or copying; and (b) require the licensee, or a business partner or employee of the licensee or any person employed by the same employer as the licensee, to provide any information that is relevant to the investigation. Privileged information (2) An investigator may take any action under subsection (1) with respect to any privileged information, including privileged information contained in a document or other thing, unless the information (a) is subject to litigation privilege or solicitor-client privilege or the professional secrecy of advocates and notaries; (b) is not protected by the privilege set out in section 16.1 of the Patent Act or section 51.13 of the Trademarks Act ; and (c) is not related to a patent, a trademark, a geographical indication or a mark referred to in paragraph 9(1)(e), (i), (i.1), (i.3), (n) or (n.1) of the Trademarks Act . Warrant to enter dwelling-house (3) If the licensee’s business premises are in a dwelling-house, the investigator may enter them only with the occupant’s consent or under the authority of a warrant issued under section 44 . Receipt (4) An investigator may remove a document or other thing from business premises under paragraph (1)(a) only if the investigator gives a person who appears to be in control of the premises a receipt for the document or thing. 2018, c. 27, s. 247 “43” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 44
Warrant 44 (1) On the application of an investigator, the Federal Court may issue a warrant authorizing an investigator to do anything set out in subsection (2) if the Court is satisfied by information on oath that (a) there are reasonable grounds to believe that a licensee has committed professional misconduct or was incompetent; (b) there are reasonable grounds to believe that there are documents or things in a place, including a dwelling-house, that are relevant to an investigation into the licensee’s conduct or activities; and (c) the warrant is necessary because (i) there are reasonable grounds to believe that the matter is urgent and that it would be impractical to carry out the investigation using only other investigative procedures, (ii) there are reasonable grounds to believe that the powers conferred by section 43 have been or are likely to be ineffective, (iii) there are reasonable grounds to believe that information in the documents or other things meets all the conditions set out in paragraphs 43 (2)(a) to (c), or (iv) section 43 does not authorize the investigator to enter the place. Powers (2) A warrant may authorize an investigator, subject to any conditions set out in the warrant, to (a) enter and search the place referred to in paragraph (1)(b); (b) examine or copy any document or other thing that is relevant to the investigation and that is in the place, including any document or thing that contains information that is privileged; and (c) remove from the place any document or other thing that is relevant to the investigation, including any document or thing that contains information that is privileged. Receipt (3) An investigator who removes a document or other thing from a place under the warrant must give a receipt for the document or thing to a person who appears to be in control of the place. Use of force (4) In executing a warrant, an investigator may use force only if they are named in the warrant, are expressly authorized by it to use force and are accompanied by a peace officer. Ex parte application (5) An application under subsection (1) may be made ex parte .