GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Patent Agents and Trademark Agents Act — C-33.7 45
Order — document or information 45 (1) On the application of an investigator, the Federal Court may make an order requiring a person to produce any document or other thing for examination, copying or removal by an investigator or to provide any information to an investigator, subject to any conditions that are specified in the order, 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 the document, thing or information is relevant to an investigation into the licensee’s conduct or activities; and (c) the order 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) paragraph 43 (1)(b) does not authorize the investigator to require the person to provide the information, or (iv) there are reasonable grounds to believe that the document or thing contains information that meets, or the information meets, all the conditions set out in paragraphs 43 (2)(a) to (c). Privileged information (2) An order under subsection (1) may be made with respect to any privileged information, including privileged information contained in a document or other thing. Ex parte application (3) An application under subsection (1) may be made ex parte . Receipt (4) An investigator who removes a document or other thing produced under an order must give a receipt for the document or thing to the person who produces it.
College of Patent Agents and Trademark Agents Act — C-33.7 46
Sealing and notification — legal counsel 46 (1) If an investigator requires the production of a document or other thing — or is about to examine, copy or remove it — under section 43 , under a warrant issued under section 44 or under an order made under section 45 , and the document or thing is in the possession of legal counsel or a firm of legal counsel, (a) the investigator must not examine or copy the document or thing; (b) legal counsel or a representative of the firm must place the document or thing in a package and seal and identify the package in accordance with the regulations; (c) the investigator must retain and remove the package once it is sealed; and (d) legal counsel or the firm must take all reasonable steps (i) to notify the holder of a privilege with respect to the document or thing within the period prescribed by regulation, or (ii) if the holder cannot be located within that period, to immediately notify the law society of the applicable province or the Chambre des notaires du Québec, as the case may be. Objection (2) If an investigator requires the production of a document or other thing — or is about to examine, copy or remove it — under section 43 , under a warrant issued under section 44 or under an order made under section 45 , a person in possession of the document or thing may object to its production, examination, copying or removal on one or more of the following grounds: (a) the document or thing is not relevant to the investigation; (b) if the investigator is acting under section 43 , the document or thing contains information that meets all the conditions set out in paragraphs 43 (2)(a) to (c); (c) if the investigator is acting under the authority of a warrant or order, the production, examination, copying or removal of the document or thing is not authorized by the warrant or order. Objection — sealing and notification (3) If the person makes an objection under subsection (2), (a) the investigator must not examine or copy the document or thing; (b) the person must place the document or thing in a package and seal and identify the package in accordance with the regulations; (c) the investigator must retain and remove the package once it is sealed; and (d) if the person is not the owner of the document or thing or the holder of a privilege with respect to it, the person must immediately notify the owner or holder of the objection. Application to Federal Court (4) The legal counsel or firm referred to in subsection (1), the person who makes the objection under subsection (2) or any other person who has a right or interest in the document or other thing that is sealed may apply to the Federal Court in accordance with the regulations for a determination of whether any of the grounds set out in paragraphs (2)(a) to (c) apply with respect to the document or thing. Handling of sealed package (5) The sealed package is to be retained, opened or returned only in accordance with the regulations.
College of Patent Agents and Trademark Agents Act — C-33.7 47
Return or application for retention order 47 (1) An investigator who, as a result of the application of any of sections 43 to 45 or the regulations referred to in subsection 46 (5), is in possession of a document or other thing that is not in a sealed package must, within the applicable period determined in accordance with the regulations made under paragraph 76 (1)(i), return the document or thing or apply to the Federal Court for a retention order under subsection (2). Retention order (2) On application by the investigator, the Federal Court may order that the document or thing may be retained by the investigator until no later than the conclusion of the investigation or, if an application is made to the Discipline Committee under subsection 49 (1), until the final disposition of the proceedings before the Discipline Committee and any appeals. If the Court does not order that the document or thing be retained, the document or thing must be returned as soon as feasible.
College of Patent Agents and Trademark Agents Act — C-33.7 48
Application for return 48 (1) A person who has a right or interest in a document or other thing that, as a result of the application of any of sections 43 to 45 or the regulations referred to in subsection 46 (5), is in the possession of an investigator and that is not in a sealed package may, on giving notice to the Investigations Committee, apply to the Federal Court for an order that the document or thing be returned or that any copies of the document or thing made by or on behalf of the Committee or an investigator be destroyed. Order (2) The Court may order, on any conditions that it considers appropriate, (a) that the document or thing be returned; and (b) that any copies of the document or thing made by or on behalf of the Investigations Committee or an investigator be destroyed, if the removal of the document or thing by an investigator was not authorized under this Act.
College of Patent Agents and Trademark Agents Act — C-33.7 49
Application or dismissal 49 (1) If, at the conclusion of an investigation, the Investigations Committee is satisfied that there is sufficient evidence that the licensee has committed professional misconduct or was incompetent, the Committee must apply to the Discipline Committee for a decision as to whether the licensee committed professional misconduct or was incompetent. Otherwise, the Investigations Committee must dismiss the matter. Written representations (2) The Investigations Committee must consider any written representations made by the licensee under section 38 before the conclusion of the investigation. Notice of application or dismissal (3) The Investigations Committee must, in writing, notify the licensee and any complainant of the application or dismissal and, in the case of dismissal, the reasons for it. Limitation (4) The Investigations Committee is not permitted to disclose privileged information in its notice to the licensee or complainant.
College of Patent Agents and Trademark Agents Act — C-33.7 50
Withdrawal of application 50 The Investigations Committee may withdraw an application to the Discipline Committee only if the Investigations Committee is no longer satisfied that there is sufficient evidence that the licensee has committed professional misconduct or was incompetent.
College of Patent Agents and Trademark Agents Act — C-33.7 51
Oral hearing 51 The Discipline Committee must hold an oral hearing for every application made by the Investigations Committee in order to determine whether a licensee committed professional misconduct or was incompetent.
College of Patent Agents and Trademark Agents Act — C-33.7 52
Hearings open to public 52 Except to the extent necessary to protect privileged or confidential information, the hearings of the Discipline Committee are open to the public.
College of Patent Agents and Trademark Agents Act — C-33.7 53
Parties 53 The Investigations Committee and the licensee are parties to the application.
College of Patent Agents and Trademark Agents Act — C-33.7 54
Right of complainant to make submissions 54 If the application results from a complaint, the complainant is entitled to make oral and written submissions to the Discipline Committee.
College of Patent Agents and Trademark Agents Act — C-33.7 55
Powers 55 (1) The Discipline Committee has the power (a) to summon and enforce the appearance of persons and compel them to give oral or written evidence on oath and to produce any document or other thing that the Committee considers necessary to decide the application, in the same manner and to the same extent as a superior court of record; (b) to administer oaths; and (c) to accept any evidence, whether admissible in a court of law or not. Privileged information (2) The Discipline Committee may take any action referred to in subsection (1) with respect to information that is privileged.
College of Patent Agents and Trademark Agents Act — C-33.7 56
Powers before decision 56 (1) Before making a decision under section 57 , the Discipline Committee may take any action referred to in any of paragraphs 57 (3)(a) to (c) if the Discipline Committee is satisfied that it is necessary for the protection of the public. Action is provisional (2) Any action taken under subsection (1) is provisional and ceases to have effect (a) after the decision on the application is made, unless the action is confirmed in the decision; or (b) if the application is withdrawn.
College of Patent Agents and Trademark Agents Act — C-33.7 57
Decision on application 57 (1) After the hearing of an application, the Discipline Committee must decide whether the licensee has committed professional misconduct or was incompetent. No professional misconduct or incompetence (2) If the Discipline Committee decides that the licensee did not commit professional misconduct or was not incompetent, the Committee must dismiss the application. Professional misconduct or incompetence (3) If the Discipline Committee decides that the licensee has committed professional misconduct or was incompetent, the Committee may, in its decision, (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 for a period of not more than two years or until specified conditions are met, or both; (d) revoke a licence of the licensee; (e) reprimand the licensee; (f) require the licensee to pay a penalty of not more than $10,000 to the College; (g) require the licensee to pay to the College or any complainant all or a portion of the costs incurred by them during the application before the Committee; (h) require the licensee to reimburse all or a portion of the fees or disbursements paid to the licensee by a client; and (i) take or require any other action that the Committee considers appropriate in the circumstances. Decision and reasons in writing (4) The Discipline Committee must give its decision and the reasons for it in writing. Decision and reasons available to public (5) A decision and the reasons for it, other than any privileged and confidential information contained in the decision or reasons, must be made available to the public on the College’s website.
College of Patent Agents and Trademark Agents Act — C-33.7 58
Notice to Registrar 58 (1) The Discipline Committee must provide a copy of every decision made under section 57 to the Registrar. Notice to licensees — revocation or suspension (2) The Registrar must notify all licensees of every decision made under subsection 57 (3) to revoke or suspend a licence. Notice to licensees — dismissal of application (3) The Registrar must, if requested by the licensee who was the subject of an application to the Discipline Committee that was dismissed, notify all licensees of the dismissal.
College of Patent Agents and Trademark Agents Act — C-33.7 59
Appeal to Federal Court 59 A party to an application may appeal a decision of the Discipline Committee made under section 57 to the Federal Court within 30 days after the day on which the decision is made.
College of Patent Agents and Trademark Agents Act — C-33.7 60
Filing of decision in Federal Court 60 (1) The College may file in the Federal Court a certified copy of a final decision of the Discipline Committee made under section 57 that is not subject to appeal. Effect of filing (2) On the certified copy being filed, the decision becomes and may be enforced as an order of the Federal Court.
College of Patent Agents and Trademark Agents Act — C-33.7 61
Suspension lifted if conditions met 61 (1) If the Discipline Committee suspends a licence under paragraph 57 (3)(c) until specified conditions are met, the Committee must, on application by the licensee, lift the suspension if the Committee is satisfied that the conditions are met. Ex parte application (2) An application under subsection (1) may be made ex parte . Notice to Registrar (3) The Discipline Committee must provide written notice to the Registrar as soon as feasible after it lifts the suspension. Revocation by Registrar (4) The Registrar may, at any time after the second anniversary of the day on which a licence is suspended under paragraph 57 (3)(c) until specified conditions are met and after giving at least 30 days’ written notice to the licensee, revoke the licence if the suspension has not been lifted under subsection (1). Notification (5) The Registrar must notify the licensee in writing as soon as feasible after their licence is revoked.
College of Patent Agents and Trademark Agents Act — C-33.7 62
Amounts paid as penalty 62 Amounts paid to the College as a penalty under paragraph 57 (3)(f) may be expended only for the purpose of supporting the mental health of licensees.
College of Patent Agents and Trademark Agents Act — C-33.7 63
Rules 63 The Investigations Committee and the Discipline Committee may make rules respecting the practice and procedure before them and rules for carrying out their work and for the management of their internal affairs. 2018, c. 27, s. 247 “63” 2022, c. 10, s. 290
College of Patent Agents and Trademark Agents Act — C-33.7 64
No waiver 64 For greater certainty, the disclosure of privileged information to the College, including to the Investigations Committee or to the Discipline Committee, or to an investigator does not constitute a waiver of the privilege.
College of Patent Agents and Trademark Agents Act — C-33.7 65
No disclosure 65 (1) Subject to subsection (2), the following persons must not disclose a complaint received by the College or any privileged or confidential information obtained in the course of an investigation or proceeding under this Act: (a) a current or former director of the Board; (b) a current or former member of the Investigations Committee or of the Discipline Committee; (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; (f) a person who is or has been engaged by the College. Exceptions (2) A person referred to in subsection (1) may disclose a complaint or information referred to in that subsection if (a) the disclosure is for the purpose of permitting the exercise of powers or the performance of duties or functions under this Act, including in connection with a proceeding under this Act; (b) the information is available to the public; (c) the disclosure is to the person’s legal counsel; (d) the person has obtained the written consent of all persons whose rights or interests might reasonably be affected by the disclosure; or (e) there are reasonable grounds to believe that (i) there is a significant risk of harm to any person if the disclosure is not made, and (ii) making the disclosure is likely to reduce the risk. Testimony and production (3) A person referred to in subsection (1) is not required, in any proceeding other than a proceeding under this Act, (a) to give testimony on a complaint received by the College or on any privileged or confidential information that the person is prohibited from disclosing under that subsection; or (b) to produce such a complaint or any document or other thing that contains any such privileged or confidential information.
College of Patent Agents and Trademark Agents Act — C-33.7 66
Application for order authorizing disclosure 66 (1) The College may apply to the Federal Court for an order authorizing the disclosure of confidential information that would be prohibited by section 65 to a law enforcement agency or other public authority. Limitation (2) The Court must not make an order if the information is privileged or if it was obtained by the College as a result of a person making, in the course of an investigation or proceeding under this Act, an oral or written statement that may tend to incriminate the person. Documents and other things (3) An order that authorizes the disclosure of information may also authorize the delivery of documents or other things that are in the possession of the College and that relate to the information.
College of Patent Agents and Trademark Agents Act — C-33.7 67
Claiming to be patent agent 67 A person, other than a patent agent whose licence is not suspended, must not (a) use the title “patent agent” or a variation or abbreviation of that title, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a patent agent; or (b) represent themselves, in any way or by any means, to be a patent agent.
College of Patent Agents and Trademark Agents Act — C-33.7 68
Claiming to be trademark agent 68 A person, other than a trademark agent whose licence is not suspended, must not (a) use the title “trademark agent” or a variation or abbreviation of that title, or any words, name or designation, in a manner that leads to a reasonable belief that the person is a trademark agent; or (b) represent themselves, in any way or by any means, to be a trademark agent. 2018, c. 27, s. 247 “68” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 69
Offence and punishment — section 67 or 68 69 (1) Every person who contravenes section 67 or 68 is guilty of an offence and liable on summary conviction to a fine of not more than (a) $25,000 for a first offence; and (b) $50,000 for a second or subsequent offence. Imprisonment precluded (2) If a person is convicted of an offence under subsection (1), no imprisonment is to be imposed as punishment for the offence or in default of payment of any fine imposed as punishment in relation to the offence. Due diligence (3) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
College of Patent Agents and Trademark Agents Act — C-33.7 70
Unauthorized representation before Patent Office 70 (1) Subject to subsection (2) and the regulations, a person must not represent another person in the presentation and prosecution of applications for patents or in other business before the Patent Office. Exception (2) Subsection (1) does not apply to a patent agent whose licence is not suspended, to legal counsel who is providing legal services as authorized by law or to a person who is part of a class of persons exempted under the regulations.
College of Patent Agents and Trademark Agents Act — C-33.7 71
Unauthorized representation before Office of the Registrar of Trademarks 71 (1) Subject to subsection (2) and the regulations, a person must not represent another person in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks. Exception (2) Subsection (1) does not apply to a trademark agent whose licence is not suspended, to legal counsel who is providing legal services as authorized by law or to a person who is part of a class of persons exempted under the regulations. 2018, c. 27, s. 247 “71” 2014, c. 20, s. 366(E)
College of Patent Agents and Trademark Agents Act — C-33.7 72
Regulations 72 The Governor in Council may make regulations exempting an activity, a class of persons or an activity that is performed by a class of persons from the application of subsection 70 (1) or 71 (1).
College of Patent Agents and Trademark Agents Act — C-33.7 73
Offence and punishment — section 70 or 71 73 (1) Every person who contravenes section 70 or 71 is guilty of an offence and liable on summary conviction (a) for a first offence, to a fine of not more than $25,000 or to imprisonment for a term of not more than six months, or to both; and (b) for a second or subsequent offence, to a fine of not more than $50,000 or to imprisonment for a term of not more than six months, or to both. Due diligence (2) A person is not to be found guilty of an offence under subsection (1) if they establish that they exercised due diligence to prevent the commission of the offence.
College of Patent Agents and Trademark Agents Act — C-33.7 74
Injunction 74 On application by the College, if the Federal Court is satisfied that a contravention of section 67 , 68 , 70 or 71 is being or is likely to be committed, the Court may grant an injunction, subject to any conditions that it considers appropriate, ordering any person to cease or refrain from any activity related to that contravention or ordering the person to take any measure that the Court considers appropriate.