GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Scott Islands Protected Marine Area Regulations — 3
Exception — public safety, national security or emergency 3 Section 2 does not apply in respect of an activity carried out for the purpose of public safety or national security or in response to an emergency.
Scott Islands Protected Marine Area Regulations — 4
Exception — foreign vessels or aircraft 4 Section 2 does not apply in respect of activities of foreign vessels or aircraft in the part of the Protected Marine Area situated within the exclusive economic zone of Canada, unless the application of that section is consistent with Article 56 of the United Nations Convention on the Law of the Sea, signed by Canada on December 10, 1982.
Scott Islands Protected Marine Area Regulations — 5
Exception — fishing and navigation 5 Paragraphs 2 (1)(a) and (b) do not apply in respect of (a) fishing carried out in accordance with the Coastal Fisheries Protection Act and the Fisheries Act ; (b) the navigation of a vessel in accordance with the Canada Shipping Act, 2001 ; or (c) the navigation of a vessel that belongs to a foreign military force or that belongs to or is under the command of the Canadian Forces.
Scott Islands Protected Marine Area Regulations — 6
Exceptions — certain federal or provincial officers or employees 6 Paragraphs 2 (1)(d) and (e) do not apply in respect of (a) a federal or provincial enforcement officer when they are performing their duties or functions or a person who is acting under their direction or control; or (b) an employee or officer of the government of British Columbia who, in the course of performing their duties or functions, is carrying out an activity for the purpose of wildlife research or the conservation or interpretation of wildlife, or a person who is acting under the direction or control of that employee or officer.
Scott Islands Protected Marine Area Regulations — 7
Minister’s power 7 (1) Despite section 2 , the Minister may, on application, issue a permit authorizing any person or government body to carry out an activity described in that section if (a) the purpose of the proposed activity is to promote the conservation of wildlife or its habitat in the Protected Marine Area, the proposed activity is likely to provide benefits for the conservation of that wildlife or habitat that outweigh any adverse effects that it is likely to have on them and there is no alternative to the proposed activity that is likely to provide the same or equivalent benefits but that is likely to have less significant adverse effects on that wildlife or habitat; or (b) the adverse effects that the proposed activity is likely to have on wildlife or its habitat in the Protected Marine Area do not compromise their conservation, or are not likely to do so as a result of the applicant taking the measures described in paragraph (2)(d), and there is no alternative to the proposed activity that allows the applicant to achieve the same outcome but that is likely to have less significant adverse effects on that wildlife or habitat. Information to be provided (2) The application must include the following information: (a) the applicant’s contact information; (b) details regarding the activity that the applicant proposes to carry out, including (i) the purpose of the activity, (ii) the location where it will be carried out, (iii) the conveyances that will be used, (iv) the types of equipment that will be used, and (v) the number of persons who will be carrying out the activity and their qualifications; (c) details regarding the effects that the activity is likely to have on wildlife or its habitat in the Protected Marine Area, including (i) the likelihood that the effects will occur and their scope, and (ii) the likely effects on birds or their habitat or on species that are a significant source of food for birds; and (d) details regarding the measures that will be taken by the applicant to monitor the effects described in paragraph (c) and to prevent or, if prevention is not feasible, mitigate any adverse effects.
Scott Islands Protected Marine Area Regulations — 8
Criteria — evaluating effects 8 The Minister must, in evaluating the likely effects of a proposed activity on wildlife or its habitat in the Protected Marine Area and determining if the effects are adverse, consider the following: (a) the likelihood that the effects will occur and their scope; (b) the capacity of wildlife to recover or its habitat to be restored, if the effects occur; (c) the likely effects on birds or their habitat or on species that are a significant source of food for birds; and (d) the cumulative effects of the proposed activity when combined with the effects of other activities carried out in the Protected Marine Area.
Scott Islands Protected Marine Area Regulations — 9
Mandatory conditions 9 A permit must include the following conditions: (a) the permit holder must notify the Minister of any change to any information provided in the application for the permit; and (b) each individual who carries out an activity authorized by the permit must carry a copy of the permit on their person at all times when in the Protected Marine Area.
Scott Islands Protected Marine Area Regulations — 10
Other conditions 10 A permit may include any other conditions with respect to (a) the locations, dates, duration and frequency of the activity that may be carried out and the types of equipment or conveyances that may be used; (b) the name and type of any vessel that may be used to carry out the activity, the State in which it is registered, its registration number, radio call sign and the name and address of its owner, master and operator; (c) the measures that the permit holder must take to (i) monitor the effects that the activity is likely to have on wildlife or its habitat in the Protected Marine Area, and (ii) prevent or, if prevention is not feasible, mitigate any adverse effects; (d) the reports that the permit holder must provide to the Minister with respect to the activity, including its actual and likely effects on wildlife or its habitat in the Protected Marine Area; and (e) the minimum or maximum number of persons that may carry out the activity and the qualifications they are required to possess.
Scott Islands Protected Marine Area Regulations — 11
Maximum duration of permit 11 A permit expires on the fifth anniversary of the day on which it is issued or the date of expiry set out in the permit, whichever is earlier.
Scott Islands Protected Marine Area Regulations — 12
Suspension 12 (1) The Minister may suspend a permit if (a) it is necessary to do so for the conservation of wildlife or its habitat in the Protected Marine Area, particularly in relation to birds or species that are a significant source of food for birds; or (b) the permit holder has failed to comply with any condition of the permit. Period of suspension (2) The permit is suspended until the day on which the Minister notifies the permit holder that the suspension of the permit is lifted. Lifting of suspension (3) The Minister must lift the suspension when the grounds for the suspension no longer exist or when the permit holder has taken the measures that are necessary to remedy the situation.
Scott Islands Protected Marine Area Regulations — 13
Cancellation 13 The Minister may cancel a permit if (a) it is necessary to do so for the conservation of wildlife or its habitat in the Protected Marine Area, particularly in relation to birds or species that are a significant source of food for birds; (b) there are grounds on which to suspend the permit under subsection 12 (1) and the permit has been suspended at least twice before; (c) the permit has been suspended for at least six months; or (d) the permit holder has provided false or misleading information.
Scott Islands Protected Marine Area Regulations — Publication
Publication * 14 These Regulations come into force on the day on which they are published in the Canada Gazette , Part II. * [Note: Regulations in force June 27, 2018.]
Industrial Design Regulations — a
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, pursuant to section 25 a of the Industrial Design Act b , makes the annexed Industrial Design Regulations . a S.C. 2015, c. 36, s. 47 b R.S., c. I-9
Industrial Design Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Industrial Design Act . ( Loi ) application means an application for the registration of a design. ( Version anglaise seulement ) Commissioner means the Commissioner of Patents. ( commissaire ) Common Regulations means the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement, including any amendments made from time to time. ( Règlement d’exécution commun ) date of registration means, in relation to a design that is the subject of a Hague registration, the date of registration as determined under subsection 44 (4). ( date d’enregistrement ) divisional application means an application filed in accordance with subsection 20 (2). ( demande divisionnaire ) Hague Agreement means the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999, including any amendments and revisions made from time to time to which Canada is a party. ( Arrangement ) Hague application means an application referred to in subsection 41 (1). ( demande visée par l’Arrangement ) Hague registration means a registration referred to in subsection 44 (3). ( enregistrement visé par l’Arrangement ) holder means the person in whose name an international registration is recorded in the International Register. ( titulaire ) International Bureau means the International Bureau of the World Intellectual Property Organization. ( Bureau international ) International Designs Bulletin means the periodical bulletin in which the International Bureau effects the publications provided for in the Hague Agreement or the Common Regulations. ( Bulletin des dessins et modèles internationaux ) International Register means the official collection of data concerning international registrations maintained by the International Bureau. ( Registre international ) international registration means the international registration of a design effected according to the Hague Agreement. ( enregistrement international ) international registration designating Canada means an international registration resulting from an international application that contains an indication under Article 5(1)(v) of the Hague Agreement that Canada is a designated Contracting Party. ( enregistrement international désignant le Canada ) Office means the Canadian Intellectual Property Office. ( Office )
Industrial Design Regulations — Industrial Design Regulations
Act means the Industrial Design Act . ( Loi )
Industrial Design Regulations — Industrial Design Regulations
application means an application for the registration of a design. ( Version anglaise seulement )
Industrial Design Regulations — Industrial Design Regulations
Commissioner means the Commissioner of Patents. ( commissaire )
Industrial Design Regulations — Industrial Design Regulations
Common Regulations means the Common Regulations Under the 1999 Act and the 1960 Act of the Hague Agreement, including any amendments made from time to time. ( Règlement d’exécution commun )
Industrial Design Regulations — Industrial Design Regulations
date of registration means, in relation to a design that is the subject of a Hague registration, the date of registration as determined under subsection 44 (4). ( date d’enregistrement )
Industrial Design Regulations — Industrial Design Regulations
divisional application means an application filed in accordance with subsection 20 (2). ( demande divisionnaire )
Industrial Design Regulations — Industrial Design Regulations
Hague Agreement means the Geneva (1999) Act of the Hague Agreement Concerning the International Registration of Industrial Designs, adopted at Geneva on July 2, 1999, including any amendments and revisions made from time to time to which Canada is a party. ( Arrangement )
Industrial Design Regulations — Industrial Design Regulations
Hague application means an application referred to in subsection 41 (1). ( demande visée par l’Arrangement )
Industrial Design Regulations — Industrial Design Regulations
Hague registration means a registration referred to in subsection 44 (3). ( enregistrement visé par l’Arrangement )
Industrial Design Regulations — Industrial Design Regulations
holder means the person in whose name an international registration is recorded in the International Register. ( titulaire )
Industrial Design Regulations — Industrial Design Regulations
International Bureau means the International Bureau of the World Intellectual Property Organization. ( Bureau international )
Industrial Design Regulations — Industrial Design Regulations
International Designs Bulletin means the periodical bulletin in which the International Bureau effects the publications provided for in the Hague Agreement or the Common Regulations. ( Bulletin des dessins et modèles internationaux )
Industrial Design Regulations — Industrial Design Regulations
International Register means the official collection of data concerning international registrations maintained by the International Bureau. ( Registre international )
Industrial Design Regulations — Industrial Design Regulations
international registration means the international registration of a design effected according to the Hague Agreement. ( enregistrement international )
Industrial Design Regulations — Industrial Design Regulations
international registration designating Canada means an international registration resulting from an international application that contains an indication under Article 5(1)(v) of the Hague Agreement that Canada is a designated Contracting Party. ( enregistrement international désignant le Canada )
Industrial Design Regulations — Industrial Design Regulations
Office means the Canadian Intellectual Property Office. ( Office )
Industrial Design Regulations — 2
Written communications 2 Written communications that are intended for the Minister or Commissioner must be addressed to the “Industrial Design Office”.
Industrial Design Regulations — 3
Communications not submitted in writing 3 Neither the Minister nor the Commissioner is required to have regard to communications that are not submitted in writing.
Industrial Design Regulations — 4
Submission of documents, information or fees 4 Unless submitted by electronic means under subsection 24.1(1) of the Act, any document, information or fee that is submitted to the Minister or Commissioner must be submitted by physical delivery to the Office or to an establishment that is designated by the Minister or Commissioner as being accepted for that purpose.
Industrial Design Regulations — 5
Deemed receipt — Office 5 (1) Documents, information or fees that are submitted by physical delivery to the Office are deemed to have been received by the Minister or Commissioner (a) if they are delivered when the Office is open to the public, on the day on which they are delivered to the Office; and (b) if they are delivered when the Office is closed to the public, on the first day on which the Office is next open to the public. Deemed receipt — designated establishment (2) Documents, information or fees that are submitted by physical delivery to a designated establishment are deemed to have been received by the Minister or Commissioner (a) if they are delivered when the establishment is open to the public, (i) in the case where the Office is open to the public for all or part of the day on which they are delivered, on that day, and (ii) in any other case, on the first day on which the Office is next open to the public; and (b) if they are delivered when the establishment is closed to the public, on the first day on which the Office is next open to the public that falls on or after the day on which the establishment is next open to the public. Deemed receipt — electronic means (3) Documents, information or fees that are submitted by electronic means under subsection 24.1(1) of the Act are deemed to have been received on the day on which the Office receives them, according to the local time of the place where the Office is located.
Industrial Design Regulations — 6
Electronic communications 6 If the Minister or Commissioner makes a communication available by a particular electronic means to a person who has consented to receiving communications by that means, the communication is deemed to have been sent to that person.
Industrial Design Regulations — 7
Postal address 7 A person doing business before the Office must provide the Minister with their postal address.
Industrial Design Regulations — 8
Written communications in respect of application 8 (1) Written communications submitted to the Minister or Commissioner in respect of an application must contain the name of the applicant and, if known, the application number. Written communications in respect of registered design (2) Written communications submitted to the Minister or Commissioner in respect of a registered design must contain the name of the registered proprietor and the registration number.
Industrial Design Regulations — 9
Manner of presentation of documents 9 Documents submitted to the Minister or Commissioner must be (a) clear and legible and permit direct reproduction; and (b) in a form that is specified by the Minister or Commissioner as being accepted for that purpose.
Industrial Design Regulations — 10
Material not in English or French 10 The Minister and Commissioner must not have regard to any part of a document submitted in a language other than English or French, except for a representation of a design filed under paragraph 4(1)(b) of the Act or a document referred to in paragraph 27 (1)(a).
Industrial Design Regulations — 11
Acknowledgment of protest 11 Communications received by the Minister before the registration of a design with the stated or apparent intention of protesting against the registration of that design must be acknowledged but, subject to section 8.3 of the Act, information must not be given as to the action taken.
Industrial Design Regulations — 12
Power to appoint agent 12 (1) A person may appoint an agent to represent them in business before the Office. Effect of act by agent (2) An act by or in relation to an agent in respect of business before the Office has the effect of an act by or in relation to the person who appointed the agent. Business before Office (3) Subject to subsection (4), in business before the Office for the purpose of prosecuting an application, (a) if an agent is appointed by a person, the person must be represented by that agent; or (b) if a person has not appointed an agent, the person must represent themselves. Exception (4) A person may represent themselves or be represented by any person authorized by them for the purpose of filing an application, paying a fee, giving notice under subsection (5) or making a request or providing evidence under section 13 of the Act. Effective date (5) The appointment of an agent or the revocation of such an appointment is effective starting on the day on which the Minister receives notice of the appointment or revocation. Postal address (6) In the case of an appointment, the notice must contain the postal address of the agent.
Industrial Design Regulations — 13
Prescribed information and statements 13 For the purpose of subsection 3(1) of the Act, the prescribed information and statements that must be contained in the Register of Industrial Designs are (a) the date of registration; (b) the filing date of the application; (c) particulars of any request for priority submitted under section 8.1 of the Act; (d) the registration number; (e) the name and address of the registered proprietor of the design on the date of registration; (f) particulars of any change in the name or address of a registered proprietor recorded under section 35 ; (g) particulars of any transfer that is registered under section 13 of the Act that relates to a registered design; (h) the date prescribed under subsection 8.3(1) of the Act; (i) the name of the finished article in respect of which the design is registered; (j) the representation of the design contained in the application on the date of registration; (k) if the application contains a statement under section 17 or 18 , that statement; (l) particulars of the payment of maintenance fees; and (m) particulars of any correction made under section 3.1 of the Act.
Industrial Design Regulations — 14
Requirements for representation of design 14 The prescribed requirements for the purpose of paragraph 4(1)(b) of the Act are that a representation of the design must (a) be sufficient to disclose the design fully, taking into account the name of the finished article and any statement under section 17 or 18 ; (b) be in the form of one or more of the following: (i) photographs, (ii) graphic reproductions, or (iii) any other visual reproduction specified by the Minister or Commissioner as being accepted for that purpose; (c) be of sufficient quality to permit the features of the design to be identified clearly and accurately; and (d) include at least one photograph or reproduction that shows the design in isolation or the finished article in isolation.
Industrial Design Regulations — 15
Presentation of photographs or reproductions 15 Photographs or reproductions contained in an application must be presented in the manner specified by the Minister or Commissioner as being accepted for that purpose.
Industrial Design Regulations — 16
Name and postal address 16 For the purpose of paragraph 4(1)(c) of the Act, an application must contain the applicant’s name and postal address.
Industrial Design Regulations — 17
Features of shape, configuration, pattern and ornament 17 (1) Subject to subsections (2) to (4), an application is deemed to relate to all of the features of shape, configuration, pattern and ornament shown in the representation of the design that, in the finished article, appeal to and are judged solely by the eye. Exception — statement of limitation (2) If the application contains a statement clearly indicating that it relates only to some of the features of shape, configuration, pattern or ornament that, in the finished article, appeal to and are judged solely by the eye, or only to some or all of those features of a part of the finished article, then the application relates only to those features. Exception — features in dotted or broken lines (3) An application is deemed not to relate to a feature that is shown in the representation of the design in dotted or broken lines, unless the application contains a statement to the contrary. Exception — blurring or colouring (4) An application is deemed not to relate to a feature that is shown in the representation of the design by means of blurring or colouring if it is evident that the purpose of the blurring or colouring is to indicate that the application does not relate to that feature.
Industrial Design Regulations — 18
Optional description 18 An application may contain a brief statement describing the representation or the features of the design, but the statement must not describe a utilitarian function or a method or principle of manufacture or construction.
Industrial Design Regulations — 19
Hague applications 19 The contents of a Hague application on its filing date are deemed to comply with paragraphs 14 (b) to (d) and sections 15 , 16 and 18 .