GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Olympic (1976) Act — O-9.1 16
Where copyright vests in corporation 16 (1) For the purposes of and notwithstanding the Copyright Act , copyright in any model, painting, drawing, engraving, photograph, cinephotograph or other reproduction (a) made of any artistic work or architectural work of art, as defined in that Act, while that work is located or intended for location on one of the sites of the Olympic, or (b) made of one of the sites of the Olympic or any part thereof, is hereby vested in the Olympic Corporation and that corporation is the owner of the copyright therein. Term for which copyright vests (2) The term for which copyright vests in the Olympic Corporation for the purposes of this section ends on the 31st day of December, 1976, and thereupon copyright in the works by this section vested in the Olympic Corporation shall revest and subsist, in accordance with the Copyright Act , in the persons who, but for this section, would be the owners thereof. Legal proceedings preserved (3) Notwithstanding subsection (2), any action, suit or other legal proceeding in which the cause of action arises before January 1st, 1977, and any appeal from judgment therein, is not affected by reason of the revesting of copyright under that subsection. When copyright deemed infringed (4) In any action for infringement of or other legal proceeding respecting copyright by this section vested in the Olympic Corporation, (a) any copy of a work containing, indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy; (b) any copy of a work that is displayed for sale, sold or distributed in a manner indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy; and (c) it shall be presumed that any infringing copy will occasion immediate and irreparable injury to the Olympic Corporation. Application of provisions of Copyright Act (5) Except as otherwise provided in this section, all the provisions of the Copyright Act apply mutatis mutandis to the copyright of which the Olympic Corporation is deemed to be the owner by virtue of this section. 1974-75-76, c. 68, s. 4
Olympic (1976) Act — O-9.1 17
Report of Minister of Finance 17 (1) Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Minister of Finance shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing, (a) the costs incurred with respect to the minting of Olympic coins; (b) the amount of Olympic coins issued pursuant to this Act; (c) the respective dates and denominations of such Olympic coins; (d) the respective standard weight, standard millesimal fineness and remedy allowance prescribed in respect of such Olympic coins by date and denomination thereof; (e) the amount and other particulars of any Olympic coins redeemed by the Minister of Finance and the net costs of any such redemption; and (f) the aggregate amount of all payments made to the Olympic Corporation pursuant to this Act. Report of Postmaster General (2) Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Postmaster General shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing, (a) all administrative, merchandising, distribution, promotion and other costs incurred by Canada within and outside Canada in connection with the distribution and sale of Olympic coins; and (b) particulars of any commission, discount or other advantage paid, allowed or given by the Postmaster General to any person in connection with the distribution, promotion or sale of Olympic coins within or outside Canada, together with the name and address of any such person. Tabling in Parliament (3) The reports required to be prepared pursuant to this section shall be laid before Parliament within fifteen days after they have been prepared or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting. Debate on motion to refer report to standing committee (4) Where a motion for the consideration of the House of Commons that a report laid before Parliament pursuant to this section be referred to a particular standing committee of the House is signed by not less than sixty members of the House and filed with the Speaker, the House of Commons shall, within the first thirty days next after the motion is filed that the House is sitting, take up and consider the motion in accordance with the rules of the House. 1973-74, c. 31, s. 13; 1974-75-76, c. 68, s. 4
Olympic and Paralympic Marks Act — O-9.2
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Olympic and Paralympic Marks Act — O-9.2 1
Short title 1 This Act may be cited as the Olympic and Paralympic Marks Act .
Olympic and Paralympic Marks Act — O-9.2 2
Interpretation 2 (1) The following definitions apply in this Act. COC means the Canadian Olympic Committee, a corporation incorporated under Part II of The Companies Act, 1934 , chapter 33 of the Statutes of Canada, 1934. ( COC ) court means the Federal Court or the superior court of a province. ( tribunal ) CPC means the Canadian Paralympic Committee, a corporation incorporated under Part II of the Canada Corporations Act , chapter C-32 of the Revised Statutes of Canada, 1970. ( CPC ) Olympic or Paralympic mark means, subject to subsection (3), a mark set out in Schedule 1 or 2. ( marque olympique ou paralympique ) organizing committee means any organization that is recognized, by the COC and a city in Canada elected to host an Olympic Games or Paralympic Games, as being responsible for the planning, organizing, financing and staging of those Games. ( comité d’organisation ) Words and expressions (2) Unless the context otherwise requires, words and expressions used in this Act have the same meaning as in the Trademarks Act . Schedule 2 marks (3) A mark set out in column 1 of Schedule 2 is considered not to be an Olympic or Paralympic mark after the corresponding expiry date set out in column 2. 2007, c. 25, s. 2 2014, c. 20, s. 366(E)
Olympic and Paralympic Marks Act — O-9.2
COC means the Canadian Olympic Committee, a corporation incorporated under Part II of The Companies Act, 1934 , chapter 33 of the Statutes of Canada, 1934. ( COC )
Olympic and Paralympic Marks Act — O-9.2
court means the Federal Court or the superior court of a province. ( tribunal )
Olympic and Paralympic Marks Act — O-9.2
CPC means the Canadian Paralympic Committee, a corporation incorporated under Part II of the Canada Corporations Act , chapter C-32 of the Revised Statutes of Canada, 1970. ( CPC )
Olympic and Paralympic Marks Act — O-9.2
Olympic or Paralympic mark means, subject to subsection (3), a mark set out in Schedule 1 or 2. ( marque olympique ou paralympique )
Olympic and Paralympic Marks Act — O-9.2
organizing committee means any organization that is recognized, by the COC and a city in Canada elected to host an Olympic Games or Paralympic Games, as being responsible for the planning, organizing, financing and staging of those Games. ( comité d’organisation )
Olympic and Paralympic Marks Act — O-9.2 3
another person with that individual’s consent, of the mark “Olympian”, “Olympic”, “ Olympien ” or “ Olympique ”, or “Paralympian”, “Paralympic”, “ Paralympien ” or “ Paralympique ”, as the case may be, in reference to the individual’s participation in, or selection for, those Games. Clarification (5) For greater certainty, the use of an Olympic or Paralympic mark or a translation of it in any language in the publication or broadcasting of a news report relating to Olympic Games or Paralympic Games, including by means of electronic media, or for the purposes of criticism or parody relating to Olympic Games or Paralympic Games, is not a use in connection with a business. Clarification (6) For greater certainty, the inclusion of an Olympic or Paralympic mark or a translation of it in any language in an artistic work, within the meaning of the Copyright Act , by the author of that work, is not in itself a use in connection with a business if the work is not reproduced on a commercial scale. 2007, c. 25, s. 3; 2014, c. 20, s. 366(E), c. 32, s. 62; 2017, c. 6, s. 130
Olympic and Paralympic Marks Act — O-9.2 4
Prohibited acts 4 (1) No person shall, during any period prescribed by regulation, in association with a trademark or other mark, promote or otherwise direct public attention to their business, goods or services in a manner that misleads or is likely to mislead the public into believing that (a) the person’s business, goods or services are approved, authorized or endorsed by an organizing committee, the COC or the CPC; or (b) a business association exists between the person’s business and the Olympic Games, the Paralympic Games, an organizing committee, the COC or the CPC. Use of expressions set out in Schedule 3 (2) In determining whether a person has acted contrary to subsection (1), the court shall take into account any evidence that the person has used, in any language, (a) a combination of expressions set out in Part 1 of Schedule 3; or (b) the combination of an expression set out in Part 1 of Schedule 3 with an expression set out in Part 2 of that Schedule. Proximity to mark (3) The placement of an advertisement in proximity to published material — including material published electronically — that contains an Olympic or Paralympic mark or a translation of it in any language is not in itself an act contrary to subsection (1). 2007, c. 25, s. 4; 2014, c. 20, s. 366(E), c. 32, s. 62
Olympic and Paralympic Marks Act — O-9.2 5
Remedies 5 (1) If a court finds, on application, that an act has been done contrary to section 3 or 4 , it may make any order that it considers appropriate in the circumstances, including an order providing for relief by way of injunction and the recovery of damages or profits, for punitive damages, for the publication of a corrective advertisement and for the destruction, exportation or other disposition (a) of any offending goods, packaging, labels and advertising material; and (b) of any equipment used to apply to those goods, packaging, labels or advertising material a mark whose adoption or use is prohibited under section 3. Application to court (2) An application referred to in subsection (1) may be made (a) during any period prescribed by regulation, only by (i) an organizing committee, or (ii) the COC or the CPC, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3 (4)(a), if the COC, the CPC or the person, as the case may be, has obtained during that period an organizing committee’s written authorization to make the application, or has made a written request during that period to an organizing committee for its authorization to which the committee has not responded, in writing, within 10 days after receipt of the request; or (b) during any other period, only by (i) the COC or the CPC, or (ii) an organizing committee, or a person who uses an Olympic or Paralympic mark with the written consent referred to in paragraph 3 (4)(a), if the committee or person, as the case may be, has obtained during that period the COC’s or the CPC’s written authorization to make the application, or has made a written request during that period to the COC or the CPC for its authorization to which the COC or the CPC, as the case may be, has not responded, in writing, within 10 days after receipt of the request. No unreasonable refusal (3) The authorization may not be unreasonably refused. 2007, c. 25, s. 5; 2014, c. 20, s. 364, c. 32, s. 61
Olympic and Paralympic Marks Act — O-9.2 6
Interim or interlocutory injunction 6 If an interim or interlocutory injunction is sought during any period prescribed by regulation in respect of an act that is claimed to be contrary to section 3 or 4 , an applicant is not required to prove that they will suffer irreparable harm.
Olympic and Paralympic Marks Act — O-9.2 7
Limitation period 7 No remedy may be awarded in respect of an act contrary to section 3 or 4 that was committed more than three years before the commencement of an action under subsection 5 (1).
Olympic and Paralympic Marks Act — O-9.2 8
es the importation or exportation of goods, release, within the meaning of the Customs Act , the goods detained in accordance with the order without further notice to the applicant if, two weeks after the applicant has been notified under subparagraph (1)(a)(ii), that Minister has not been notified that an action has been commenced for an order under paragraph (1)(b). 2007, c. 25, s. 8; 2014, c. 20, s. 366(E), c. 32, s. 62
Olympic and Paralympic Marks Act — O-9.2 9
Exportation of goods 9 A court shall not make an order under subsection 5 (1) or paragraph 8(1)(b) for the exportation of goods bearing an Olympic or Paralympic mark unless it includes, as a condition of the order, a requirement that the mark be removed from the goods before they are exported. 2007, c. 25, s. 9; 2014, c. 32, s. 62
Olympic and Paralympic Marks Act — O-9.2 10
Jurisdiction of Federal Court 10 The Federal Court has jurisdiction to entertain any action or proceeding for the enforcement of any of the provisions of this Act or of any right or remedy conferred or provided by this Act.
Olympic and Paralympic Marks Act — O-9.2 11
Effect of public notice 11 For greater certainty, public notice by the Registrar of the adoption and use of a badge, crest, emblem or other mark in accordance with a request made under paragraph 9(1)(n) of the Trademarks Act has no legal effect if, at the time of the request, the requester was prohibited under section 3 from adopting or using it. 2007, c. 25, s. 11 2014, c. 20, s. 366(E)
Olympic and Paralympic Marks Act — O-9.2 12
Regulations 12 (1) The Governor in Council may, by regulation, on the recommendation of the Minister of Industry, prescribe periods for the purposes of paragraph 3 (4)(a), subsection 4 (1), paragraph 5 (2)(a), section 6 and paragraph 8(2)(a). Orders (2) The Governor in Council may, by order, on the recommendation of the Minister of Industry, (a) amend Schedule 1 by adding or deleting any mark relating to Olympic Games or Paralympic Games, other than those that are referred to in paragraph (b); (b) amend Schedule 2 by adding to or deleting from that Schedule, in column 1, any mark relating to Olympic Games or Paralympic Games hosted by Canada, and, in respect of any such mark, adding to or deleting from that Schedule, in column 2, the corresponding expiry date; and (c) amend Schedule 3 by adding any expression that in the opinion of the Governor in Council may be relevant in determining whether an act has been done contrary to section 4 , or by deleting any expression set out in that Schedule.
Olympic and Paralympic Marks Act — O-9.2 Order in council
Order in council * 15 (1) The provisions of this Act, other than section 13, come into force on a day or days to be fixed by order of the Governor in Council. Section 13 (2) Section 13 comes into force on December 31, 2010. * [Note: Act, other than section 13, in force December 17, 2007, see SI/2007-117.]
Online News Act — O-9.3
His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Online News Act — O-9.3 1
Short title 1 This Act may be cited as the Online News Act .
Online News Act — O-9.3
Commission means the Canadian Radio-television and Telecommunications Commission. ( Conseil )
Online News Act — O-9.3 (a)
covered agreement means, as applicable, (a) an agreement that is entered into as a result of bargaining sessions referred to in paragraph 19 (1)(a) or mediation sessions referred to in paragraph 19 (1)(b); or (b) an arbitration panel’s decision that is deemed to be an agreement under section 42 . ( accord assujetti )
Online News Act — O-9.3
digital news intermediary means an online communications platform, including a search engine or social media service, that is subject to the legislative authority of Parliament and that makes news content produced by news outlets available to persons in Canada. It does not include an online communications platform that is a messaging service the primary purpose of which is to allow persons to communicate with each other privately. ( intermédiaire de nouvelles numériques )
Online News Act — O-9.3
eligible in relation to a news business, means that the business is designated under subsection 27 (1). ( admissible )
Online News Act — O-9.3
entity includes a corporation or a trust, partnership, fund, joint venture or any other unincorporated association or organization. ( entité )
Online News Act — O-9.3 (a)
Indigenous news outlet means an undertaking or any distinct part of an undertaking whose primary purpose is to produce news content and that (a) is operated by an individual who belongs to an Indigenous group, community or people; and (b) produces news content primarily for Indigenous peoples. ( média d'information autochtone )
Online News Act — O-9.3
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones )
Online News Act — O-9.3
Minister means the Minister of Canadian Heritage or, if another federal minister is designated under section 5 , that minister. ( ministre )
Online News Act — O-9.3
news business means an individual or entity that operates a news outlet in Canada. ( entreprise de nouvelles )
Online News Act — O-9.3
news content means content — in any format, including an audio or audiovisual format — that reports on, investigates or explains current issues or events of public interest and includes such content that an Indigenous news outlet makes available by means of Indigenous storytelling. ( contenu de nouvelles )
Online News Act — O-9.3
news outlet means an undertaking or any distinct part of an undertaking whose primary purpose is to produce news content and includes an Indigenous news outlet or an official language minority community news outlet. ( média d’information )
Online News Act — O-9.3
official language minority community means English-speaking communities in Quebec and French-speaking communities outside Quebec. ( communauté de langue officielle en situation minoritaire )
Online News Act — O-9.3
official language minority community news outlet means an undertaking or any distinct part of an undertaking whose primary purpose is to produce news content and that produces news content primarily for an official language minority community. ( média d’information de communauté de langue officielle en situation minoritaire )
Online News Act — O-9.3
operator means an individual or entity that, through any means, operates a digital news intermediary. ( exploitant )
Online News Act — O-9.3 3
Freedom of expression 3 (1) For greater certainty, this Act is to be interpreted and applied in a manner that is consistent with freedom of expression. Journalistic independence (2) This Act is to be interpreted and applied in a manner that supports the journalistic independence enjoyed by news outlets in relation to news content produced primarily for the Canadian news marketplace, including local, regional and national news content. Treatment of news content (3) This Act is to be interpreted and applied in a manner that is aimed at ensuring news content is made available by digital news intermediaries without undue manipulation or interference.
Online News Act — O-9.3 4
Purpose 4 The purpose of this Act is to regulate digital news intermediaries with a view to enhancing fairness in the Canadian digital news marketplace and contributing to its sustainability, including the sustainability of news businesses in Canada, in both the non-profit and for-profits sectors, including independent local ones.
Online News Act — O-9.3 5
Designation 5 The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
Online News Act — O-9.3 6
Application 6 This Act applies in respect of a digital news intermediary if, having regard to the following factors, there is a significant bargaining power imbalance between its operator and news businesses: (a) the size of the intermediary or the operator; (b) whether the market for the intermediary gives the operator a strategic advantage over news businesses; and (c) whether the intermediary occupies a prominent market position.
Online News Act — O-9.3 7
Duty to notify 7 (1) If this Act applies in respect of a digital news intermediary, its operator must so notify the Commission. Information required (2) An individual or entity that operates an online communications platform must, at the request of the Commission and within the time and in the manner that it specifies, provide the Commission with any information that it requires for the purpose of verifying compliance with subsection (1) or preventing non-compliance with it.
Online News Act — O-9.3 8
List of digital news intermediaries 8 (1) The Commission must maintain a list of digital news intermediaries in respect of which this Act applies. The list must set out each intermediary’s operator and contact information for that operator and specify whether an order made under subsection 11 (1) or 12 (1) applies in relation to the intermediary. Statutory Instruments Act (2) The Statutory Instruments Act does not apply in respect of the list maintained under subsection (1). Publication (3) The Commission must publish the list on its website.
Online News Act — O-9.3 9
Broadcasting 9 This Act does not apply in respect of a digital news intermediary that is a broadcasting undertaking in respect of its broadcasting , as those terms are defined in subsection 2(1) of the Broadcasting Act .
Online News Act — O-9.3 10
Telecommunications service providers 10 For greater certainty, this Act does not apply to a telecommunications service provider , as defined in subsection 2(1) of the Telecommunications Act , when it is acting solely in that capacity.