GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Patent Agents and Trademark Agents Act — C-33.7 75
By-laws 75 (1) The Board may make by-laws respecting any matter necessary to carry on the activities of the College, including by-laws (a) respecting the election of directors, the terms of elected directors and their removal; (b) establishing ineligibility criteria for the purposes of subparagraphs 14 (f)(ii) and 17 (h)(iii); (c) respecting the filling of vacancies among elected directors; (d) respecting the remuneration and expenses of directors; (e) respecting the election and removal of the Chairperson of the Board and the Chairperson’s duties; (f) respecting the duties and functions of the Board and the meetings of the Board, including quorum; (f.1) respecting the creation of committees; (g) respecting the conflicts of interest of directors, members of the Investigations Committee and members of the Discipline Committee; (h) respecting the duties and functions of the Registrar; (i) respecting the maintenance of the Register of Patent Agents and the Register of Trademark Agents and information that is required to be included in those Registers; (i.1) defining the terms “professional misconduct” and “incompetence” for the purposes of this Act; (j) respecting the classes of firm in connection with which a licensee may work as a licensee; (k) fixing the annual fee — or the manner of determining the annual fee — that is to be paid by licensees; (l) fixing any other fee — or the manner of determining any other fee — that is to be paid by licensees, including any fee for the late payment of another fee; (m) establishing the time within which and the manner in which any fees or other amounts are to be paid; (n) respecting the information and documents that licensees must provide to the College; (o) respecting continuing professional development requirements for licensees; (p) respecting requirements for licensees to do pro bono work; (q) respecting the professional liability insurance that licensees are required to maintain; (r) exempting licensees from the requirement to be insured against professional liability; (s) respecting the suspension and revocation of licences under section 35 ; (t) respecting the surrender of licences and applications for a surrender; (t.1) prescribing the circumstances in which the Registrar must not dismiss a complaint or the reasons for which the Registrar must not dismiss a complaint; (t.2) respecting the form and manner in which the Registrar may dismiss a complaint; and (u) respecting the notification of licensees under section 38 . Different treatment (2) The by-laws made under paragraphs (1)(j) to (t) and (u) may distinguish among classes of licensees or licences. For greater certainty (3) For greater certainty, by-laws made under paragraphs (1)(i.1) to (u) are regulations for the purposes of the Statutory Instruments Act . 2018, c. 27, s. 247 “75” 2014, c. 20, s. 366(E) 2022, c. 10, s. 291
College of Patent Agents and Trademark Agents Act — C-33.7 76
Regulations — Governor in Council 76 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act, including regulations (a) respecting the Investigations Committee, the Discipline Committee and other committees of the College, including the composition of those committees, the eligibility for membership in them, the terms of the members and their removal; (a.1) respecting the application of any provisions of the Canada Not-for-profit Corporations Act to the College; (a.2) limiting the powers, duties and functions that may be delegated by the Registrar and the persons to whom they may be delegated; (b) respecting the reports and information that must be provided or submitted to the Minister; (c) respecting conditions to be imposed on licences or classes of licences; (d) respecting the requirements that individuals or classes of individuals must meet under section 26 or 29 , including requirements in relation to qualifying examinations and in relation to fees with respect to qualifying examinations; (e) respecting what constitutes representation for the purposes of sections 27 and 70 or for the purposes of sections 30 and 71 ; (f) respecting restrictions on the entitlement of licensees or classes of licensees to provide representation under section 27 or 30 ; (g) respecting the information to be included in the Register of Patent Agents or the Register of Trademark Agents; (g.1) prescribing the reasons for which the Registrar may dismiss a complaint; (h) respecting the sealing of documents and other things and objections under section 46 , including in relation to notifications, the identification of sealed packages, applications to the Federal Court and the retention, opening and return of sealed packages; and (i) respecting the determination of the applicable periods referred to in subsection 47 (1). Authorization (2) Regulations made under paragraph (1)(a.2) may authorize the Board or any committee of the College, and those made under paragraphs (1)(c), (d), (f) and (g) may authorize the Board, the Registrar or any committee of the College, to make by-laws with respect to all or part of the subject matter of the regulations and, for greater certainty, those by-laws are regulations for the purposes of the Statutory Instruments Act . Regulations — sealed packages (3) Regulations made under paragraph (1)(h) may authorize the Federal Court to make orders respecting the retention, opening or return of sealed packages. 2018, c. 27, s. 247 “76” 2014, c. 20, s. 366(E) 2022, c. 10, s. 292
College of Patent Agents and Trademark Agents Act — C-33.7 77
Regulations prevail 77 The regulations prevail over the by-laws to the extent of an inconsistency or conflict between them.
College of Patent Agents and Trademark Agents Act — C-33.7 78
Definition of coming-into-force day 78 In sections 79 to 86 , coming-into-force day means the day on which section 13 comes into force.
College of Patent Agents and Trademark Agents Act — C-33.7 79
Initial organization of board 79 (1) Before the coming-into-force day, the College’s board of directors is to be composed of five directors appointed by the Minister of Industry. Appointment on recommendation (2) Two of the directors are to be appointed on the recommendation of the Intellectual Property Institute of Canada, with one to be an individual whose name is on the register kept under section 15 of the Patent Act and the other to be an individual whose name is on the list of trademark agents kept under section 28 of the Trademarks Act . Chairperson (3) The Minister of Industry must designate a Chairperson from among the directors. Deemed election or appointment (4) The directors appointed on the recommendation of the Intellectual Property Institute of Canada who hold office on the coming-into-force day are deemed to have been elected under subsection 13 (5) on that day, for a term that ends on the earlier of the day on which the first election is held under that subsection and the first anniversary of the coming-into-force day. The other directors who hold office on the coming-into-force day are deemed to have been appointed under subsection 13 (3) on that day for a term that ends on the first anniversary of that day. For greater certainty (5) For greater certainty, section 17 applies as of the coming-into-force day with respect to directors who are deemed to be elected or appointed under subsection (4). Removal for cause (6) Before the coming-into-force day, a director appointed under subsection (1) may be removed for cause by the Minister of Industry. Remuneration (7) Before the coming-into-force day, the College may pay the remuneration and expenses that it fixes to the directors. Reference to the Board (8) Any reference in this Act to the Board is, until the coming-into-force day, a reference to the board of directors as constituted under this section. 2018, c. 27, s. 247 “79” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 80
Confirmation of by-laws 80 Any by-laws that are made by the Board before the first election is held under subsection 13 (5) are repealed on the 180th day after the day on which the first election is held, unless they are confirmed by a resolution of the Board, as it is constituted after that election, before that 180th day.
College of Patent Agents and Trademark Agents Act — C-33.7 81
College not a Crown Corporation 81 Despite Part X of the Financial Administration Act , the College is not a Crown corporation within the meaning of that Act.
College of Patent Agents and Trademark Agents Act — C-33.7 82
Deemed issued patent agent licence 82 An individual is deemed to have been issued a patent agent licence under subsection 26 (1) on the coming-into-force day if their name was, on the day before the coming-into-force day, on the register kept under section 15 of the Patent Act .
College of Patent Agents and Trademark Agents Act — C-33.7 83
Deemed issued trademark agent licence 83 An individual is deemed to have been issued a trademark agent licence under subsection 29 (1) on the coming-into-force day if their name was, on the day before the coming-into-force day, on the list of trademark agents kept under section 28 of the Trademarks Act . 2018, c. 27, s. 247 “83” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 84
Provision of information — patents 84 The Commissioner of Patents may, for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions under this Act, provide the Registrar with information relating to an individual or firm whose name is or was on the register kept under section 15 of the Patent Act , an individual who has sat for the qualifying examination for patent agents or an individual who has notified the Commissioner in writing of their intention to sit for the examination, including (a) the individual’s or firm’s name and contact information and, in the case of an individual, the name of any firm of which they are a member; (b) whether the Commissioner has refused to recognize the individual or firm as a patent agent or attorney under section 16 of the Patent Act ; (c) any complaints against the individual or firm; and (d) the results of any qualifying examinations for patent agents.
College of Patent Agents and Trademark Agents Act — C-33.7 85
Provision of information — trademarks 85 The Registrar of Trademarks may, for the purpose of enabling the College or the Registrar to exercise their powers or perform their duties and functions under this Act, provide the Registrar with information relating to an individual or firm whose name is or was on the list of trademark agents kept under section 28 of the Trademarks Act , an individual who has sat for the qualifying examination for trademark agents or an individual who has notified the Registrar of Trademarks in writing of their intention to sit for the examination, including (a) the individual’s or firm’s name and contact information and, in the case of an individual, the name of any firm of which they are a member; (b) any complaints against the individual or firm; and (c) the results of any qualifying examinations for trademark agents. 2018, c. 27, s. 247 “85” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 86
Regulations — transitional matters 86 Without limiting the generality of section 76 , the Governor in Council may make regulations respecting transitional matters relating to (a) qualifying examinations for patent agents and trademark agents; (b) the requirements to be met under section 26 by an individual who has sat for the qualifying examination for patent agents before the coming-into-force day or who has, before that day, notified the Commissioner of Patents in writing of their intention to sit for the examination but whose name was not, on the day before that day, on the register kept under section 15 of the Patent Act ; and (c) the requirements to be met under section 29 by an individual who has sat for the qualifying examination for trademark agents before the coming-into-force day or who has, before that day, notified the Registrar of Trademarks in writing of their intention to sit for the examination but whose name was not, on the day before that day, on the list of trademark agents kept under section 28 of the Trademarks Act . 2018, c. 27, s. 247 “86” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 87
By-laws 87 All by-laws that are made by the College before the coming into force of this section are deemed to have been made by the Board. 2022, c. 10, s. 293
College of Patent Agents and Trademark Agents Act — C-33.7 88
Deemed authority 88 All regulations authorizing the College to make by-laws under subsection 76(2), as it read immediately before the coming into force of this section, are deemed to authorize the Board to make the by-laws. 2022, c. 10, s. 293
Coastal Fisheries Protection Act — C-33 1
Short title 1 This Act may be cited as the Coastal Fisheries Protection Act . R.S., c. C-21, s. 1
Coastal Fisheries Protection Act — C-33 2
nts, brown algae, red algae, green algae and phytoplankton, and any part or derivative of a saltwater plant; ( plante marine ) Minister means the Minister of Fisheries and Oceans; ( ministre ) NAFO Regulatory Area means that part of the following area, being the Convention Area of the Northwest Atlantic Fisheries Organization, that is on the high seas: (a) the waters of the Northwest Atlantic Ocean north of 35°00′ north latitude and west of a line extending due north from 35°00′ north latitude and 42°00′ west longitude to 59°00′ north latitude, thence due west to 44°00′ west longitude, and thence due north to the coast of Greenland, and (b) the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ north latitude; ( zone de réglementation de l’OPAN ) participating state [Repealed, 2015, c. 18, s. 2] Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, approved by the Conference of the Food and Agriculture Organization of the United Nations in Rome on November 22, 2009; ( Accord sur les mesures de l’État du port ) protection officer means, subject to subsection 17(2), (a) a fishery officer within the meaning of the Fisheries Act , (b) a member of the Royal Canadian Mounted Police, or (c) any person authorized by the Governor in Council to enforce this Act. ( garde-pêche ) state party to the Fish Stocks Agreement means a foreign state or an organization of foreign states that is prescribed by regulation; ( État assujetti à l’Accord sur les stocks de poissons ) straddling stock [Repealed, 1999, c. 19, s. 1] Meaning of state (2) In section 5.4, subparagraphs 6(f)(iv) and (vi), paragraphs 16.1(b) and 17(2)(b), sections 18.01 and 18.02 and paragraph 18.1(a.2), state includes an organization of foreign states. R.S., 1985, c. C-33, s. 2; 1994, c. 14, s. 1; 1998, c. 16, s. 29; 1999, c. 19, s. 1; 2001, c. 26, s. 287 2015, c. 18, s. 2
Coastal Fisheries Protection Act — C-33
Canadian fisheries waters means all waters in the fishing zones of Canada, all waters in the territorial sea of Canada and all internal waters of Canada; ( eaux de pêche canadiennes )
Coastal Fisheries Protection Act — C-33 (a)
Canadian fishing vessel means a fishing vessel (a) that is registered or licensed under the Canada Shipping Act, 2001 , or (b) that is not registered or licensed under the Canada Shipping Act, 2001 or under the laws of another state but is owned by one or more persons each of whom is (i) a Canadian citizen, (ii) in the case of a vessel that is not required to be registered or licensed under that Act, a person resident and domiciled in Canada, or (iii) a corporation incorporated under the laws of Canada or a province, having its principal place of business in Canada; ( bateau de pêche canadien )
Coastal Fisheries Protection Act — C-33 (a)
fish includes (a) any part or derivative of a fish, (b) shellfish, crustaceans, marine animals and any part or derivative of any of them, and (c) the eggs, sperm, spawn, larvae, spat or juvenile stages, as the case may be, of fish, shellfish, crustaceans and marine animals; ( poisson )
Coastal Fisheries Protection Act — C-33
fisheries management organization means an organization or arrangement established by two or more states, or by one or more states and an organization of states, for the purpose of the conservation and management of fish stocks in the sea or any area of the sea; ( organisation de gestion des pêches )
Coastal Fisheries Protection Act — C-33
fishing means fishing for or catching or killing fish by any method; ( pêcher )
Coastal Fisheries Protection Act — C-33 (a)
fishing vessel means any of the following: (a) a ship, boat or any other description of vessel that is used in or equipped for (i) fishing, processing fish or transporting fish from fishing grounds, (ii) taking, processing or transporting marine plants, or (iii) provisioning, servicing, repairing or maintaining any vessels of a foreign fishing fleet while at sea, (b) a ship, boat or any other description of vessel that is used in transhipping fish, or marine plants, that have not been previously landed; ( bateau de pêche )
Coastal Fisheries Protection Act — C-33
fishing vessel of a participating state [Repealed, 2015, c. 18, s. 2]
Coastal Fisheries Protection Act — C-33
fishing vessel of a state party to the Fish Stocks Agreement means a foreign fishing vessel that is entitled to fly the flag of a state party to the Fish Stocks Agreement; ( bateau de pêche d’un État assujetti à l’Accord sur les stocks de poissons )
Coastal Fisheries Protection Act — C-33 (a)
fishing vessel without nationality means a fishing vessel that (a) has not been issued, under the laws of any state, a registration number, licence or other document granting it the right to fly the flag of that state, (b) sails under a flag that it is not entitled to fly, (c) does not sail under the flag of any state, (d) sails under the flag of two or more states, using them according to convenience, or (e) sails under the flag of a state that is not recognized by the international community; ( bateau de pêche sans nationalité )
Coastal Fisheries Protection Act — C-33
Fish Stocks Agreement means the Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks, adopted by the United Nations Conference on Straddling Fish Stocks and Highly Migratory Fish Stocks in New York on August 4, 1995; ( Accord sur les stocks de poissons )
Coastal Fisheries Protection Act — C-33
flag state means the state whose flag a fishing vessel is entitled to fly; ( État du pavillon )
Coastal Fisheries Protection Act — C-33
foreign fishing vessel means a fishing vessel that is not a Canadian fishing vessel; ( bateau de pêche étranger )
Coastal Fisheries Protection Act — C-33
government vessel means, subject to subsection 17(2), any vessel that belongs to or is in the service of Her Majesty in right of Canada; ( bateau de l’État )
Coastal Fisheries Protection Act — C-33
marine plant means a saltwater plant, including benthic and detached algae, flowering plants, brown algae, red algae, green algae and phytoplankton, and any part or derivative of a saltwater plant; ( plante marine )
Coastal Fisheries Protection Act — C-33
Minister means the Minister of Fisheries and Oceans; ( ministre )
Coastal Fisheries Protection Act — C-33 (a)
NAFO Regulatory Area means that part of the following area, being the Convention Area of the Northwest Atlantic Fisheries Organization, that is on the high seas: (a) the waters of the Northwest Atlantic Ocean north of 35°00′ north latitude and west of a line extending due north from 35°00′ north latitude and 42°00′ west longitude to 59°00′ north latitude, thence due west to 44°00′ west longitude, and thence due north to the coast of Greenland, and (b) the waters of the Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 78°10′ north latitude; ( zone de réglementation de l’OPAN )
Coastal Fisheries Protection Act — C-33
participating state [Repealed, 2015, c. 18, s. 2]
Coastal Fisheries Protection Act — C-33
Port State Measures Agreement means the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing, approved by the Conference of the Food and Agriculture Organization of the United Nations in Rome on November 22, 2009; ( Accord sur les mesures de l’État du port )
Coastal Fisheries Protection Act — C-33 (a)
protection officer means, subject to subsection 17(2), (a) a fishery officer within the meaning of the Fisheries Act , (b) a member of the Royal Canadian Mounted Police, or (c) any person authorized by the Governor in Council to enforce this Act. ( garde-pêche )
Coastal Fisheries Protection Act — C-33
state party to the Fish Stocks Agreement means a foreign state or an organization of foreign states that is prescribed by regulation; ( État assujetti à l’Accord sur les stocks de poissons )
Coastal Fisheries Protection Act — C-33
straddling stock [Repealed, 1999, c. 19, s. 1]
Coastal Fisheries Protection Act — C-33 3
Entry of foreign vessels into Canadian fisheries waters 3 No foreign fishing vessel shall enter Canadian fisheries waters for any purpose unless authorized by this Act or the regulations, any other law of Canada or a treaty. R.S., c. C-21, s. 3
Coastal Fisheries Protection Act — C-33 4
Fishing, etc., in Canada and Canadian fisheries waters 4 (1) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall in Canada or in Canadian fisheries waters (a) fish or prepare to fish, (b) unload, land or tranship any fish, outfit or supplies, (c) ship or discharge any crew member or other person, (d) purchase or obtain bait or any supplies or outfits, or (e) take or prepare to take marine plants, unless authorized by this Act or the regulations, any other law of Canada or a treaty. Fishing of sedentary species (2) No person, being aboard a foreign fishing vessel or being a member of the crew of or attached to or employed on a foreign fishing vessel, shall fish or prepare to fish for a sedentary species of fish in any portion of the continental shelf of Canada that is beyond the limits of Canadian fisheries waters, unless authorized by this Act or the regulations or any other law of Canada. Definition of sedentary species (3) For the purposes of subsection (2), sedentary species means any living organism that, at the harvestable stage, either is immobile on or under the seabed or is unable to move except in constant physical contact with the seabed or subsoil. R.S., 1985, c. C-33, s. 4; 1990, c. 44, s. 13; 1996, c. 31, s. 65
Coastal Fisheries Protection Act — C-33 5
Transporting fish into Canadian fisheries waters 5 No person, being aboard a Canadian fishing vessel, shall bring into Canadian fisheries waters fish received outside Canadian fisheries waters from a foreign fishing vessel, unless authorized by the regulations. R.S., c. C-21, s. 3