GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Patent Act — P-4 9
Definitions 9 In this section and sections 10 to 13, commencement day means the day on which section 3 of this Act comes into force; ( date d’entrée en vigueur ) former Act means the Patent Act , as it read immediately before the commencement day. ( loi antérieure )
Patent Act — P-4
commencement day means the day on which section 3 of this Act comes into force; ( date d’entrée en vigueur )
Patent Act — P-4
former Act means the Patent Act , as it read immediately before the commencement day. ( loi antérieure )
Patent Act — P-4 10
Pending proceedings 10 Any proceeding pending before the Patented Medicine Prices Review Board immediately before the commencement day shall be taken up and continued under and in accordance with sections 79 to 101 of the Patent Act , as enacted by section 7 of this Act, as if the proceeding had been commenced on or after that day.
Patent Act — P-4 11
Licences continued 11 (1) A licence that has been granted under section 39 of the former Act before December 20, 1991 and that has not been terminated before the commencement day shall continue in effect according to its terms and, subject to subsection (2), sections 39 to 39.14 of the former Act shall continue to apply in respect of that licence as if they had not been repealed by section 3 of this Act. Exception (2) For the purposes of applying sections 39 to 39.14 of the former Act in respect of a licence continued by subsection (1), the prohibitions set out in subsections 39.11(1) and 39.14(1) of the former Act do not apply in respect of any medicine or medicines in respect of which an order has been made under paragraph 39.15(3)( d ) of the former Act, if that order is in force immediately before the commencement day.
Patent Act — P-4 12
Licences ceasing to have effect 12 (1) Every licence granted under section 39 of the former Act on or after December 20, 1991 shall cease to have effect on the expiration of the day preceding the commencement day, and all rights or privileges acquired or accrued under that licence or under the former Act in relation to that licence shall thereupon be extinguished. Actions for infringement barred (2) For greater certainty, no action for infringement of a patent lies under the Patent Act in respect of any act that is done before the commencement day under a licence referred to in subsection (1) in accordance with the terms of that licence and sections 39 to 39.17 of the former Act.
Patent Act — P-4 13
Actions and proceedings barred 13 No action or proceeding for any compensation or damages lies against Her Majesty in right of Canada in respect of any direct or indirect consequence resulting from the application of section 11 or 12 or the repeal of sections 39 to 39.17 of the former Act.
Patent Act — P-4 14
Review of certain sections 14 (1) On the expiration of four years after this Act is assented to, the provisions of the Patent Act enacted by this Act shall be referred to such committee of the House of Commons, of the Senate or of both Houses of Parliament as may be designated or established for the purpose of the review referred to in subsection (2). Idem (2) The committee shall undertake a comprehensive review of the provisions of the Patent Act enacted by this Act and shall, within one year after the review is undertaken or within such further time as the House or Houses that designated or established the committee may authorize, submit a report thereon, including such recommendations as the committee may wish to make pertaining to those provisions.
Patent Act — P-4 191
No liability 191 (2) Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a patented invention before the day on which subsection (1) comes into force.
Patent Act — P-4 200
Section 52.1 of Patent Act 200 Section 52.1 of the Patent Act applies in respect of any action or proceeding that has not been finally disposed of on the coming into force of that section.
Patent Act — P-4 201
Sections 53.1 and 123.1 of Patent Act 201 Sections 53.1 and 123.1 of the Patent Act apply in respect of any action or proceeding that has not been finally disposed of on the coming into force of that section 53.1.
Patent Act — P-4 202
Section 55.3 of Patent Act 202 Section 55.3 and paragraph 124(1)(f) of the Patent Act apply in respect of any action or proceeding that has not been finally disposed of on the coming into force of that section 55.3.
Patent Act — P-4 203
Section 56 of Patent Act 203 (1) Section 56 of the Patent Act , as enacted by section 194 of this Act, applies only in respect of an action or proceeding in respect of a patent issued on the basis of an application whose filing date is on or after October 1, 1989 that is commenced on or after October 29, 2018. Section 56 — previous version (2) Section 56 of the Patent Act , as it read immediately before the coming into force of section 194 of this Act, applies in respect of any action or proceeding that is in respect of a patent issued on the basis of an application whose filing date is on or after October 1, 1989 and that is commenced before October 29, 2018.
Pension Benefits Division Act — P-6.7 1
Short title 1 This Act may be cited as the Pension Benefits Division Act .
Pension Benefits Division Act — P-6.7 2
Definitions 2 In this Act, agreement means an agreement referred to in subparagraph 4(2)(b )(ii); ( accord ) application means an application made under subsection 4(1);  ( demande ) common-law partner means a person who establishes that the person is cohabiting with a member of a pension plan in a relationship of a conjugal nature, having so cohabited for a period of at least one year; ( conjoint de fait ) court order means an order referred to in paragraph 4(2)(a) or subparagraph 4(2)(b)(i);  ( ordonnance ) member , in relation to a pension plan, means a person who is or may become entitled to a pension benefit under that pension plan by reason of (a) the person ceasing or having ceased to be employed, to hold an office, to be a member of the Senate or House of Commons or to serve in the Canadian Forces or the Royal Canadian Mounted Police, or (b) any other prescribed circumstances; ( participant ) Minister , for the purposes of applications and other matters pertaining to a particular pension plan under this Act, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council to act as the Minister for the purposes of those applications and matters;  ( ministre ) pension benefit means any pension, allowance, annuity, return of contributions or other benefit or amount payable under a pension plan, and includes any benefit or amount payable under the Public Service Pension Adjustment Act , chapter P-33 of the Revised Statutes of Canada, 1970, or the Supplementary Retirement Benefits Act in respect of a pension, allowance or annuity payable under that pension plan;  ( prestation de retraite ) pension plan means (a) a superannuation or pension plan provided by (i) the Public Service Superannuation Act , (ii) the Canadian Forces Superannuation Act , (iii) the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, (iv) the Royal Canadian Mounted Police Superannuation Act , (v) the Royal Canadian Mounted Police Pension Continuation Act , chapter R-10 of the Revised Statutes of Canada, 1970, (vi) the Diplomatic Service (Special) Superannuation Act , (vii) the Lieutenant Governors Superannuation Act , or (viii) the Governor General’s Act , (b) a pension plan or retirement compensation arrangement provided by the Members of Parliament Retiring Allowances Act , or (c) a special pension plan or retirement compensation arrangement established under the Special Retirement Arrangements Act ; ( régime ) prescribed means prescribed by regulation;  ( Version anglaise seulement ) spousal agreement [Repealed, 2000, c. 12, s. 243] spouse , in relation to a member of a pension plan, includes a person who is party to a void marriage with the member. ( époux ) 1992, c. 46, Sch. II, s. 2; 2000, c. 12, s. 243
Pension Benefits Division Act — P-6.7
agreement means an agreement referred to in subparagraph 4(2)(b )(ii); ( accord )
Pension Benefits Division Act — P-6.7
application means an application made under subsection 4(1);  ( demande )
Pension Benefits Division Act — P-6.7
common-law partner means a person who establishes that the person is cohabiting with a member of a pension plan in a relationship of a conjugal nature, having so cohabited for a period of at least one year; ( conjoint de fait )
Pension Benefits Division Act — P-6.7
court order means an order referred to in paragraph 4(2)(a) or subparagraph 4(2)(b)(i);  ( ordonnance )
Pension Benefits Division Act — P-6.7 (a)
member , in relation to a pension plan, means a person who is or may become entitled to a pension benefit under that pension plan by reason of (a) the person ceasing or having ceased to be employed, to hold an office, to be a member of the Senate or House of Commons or to serve in the Canadian Forces or the Royal Canadian Mounted Police, or (b) any other prescribed circumstances; ( participant )
Pension Benefits Division Act — P-6.7
Minister , for the purposes of applications and other matters pertaining to a particular pension plan under this Act, means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council to act as the Minister for the purposes of those applications and matters;  ( ministre )
Pension Benefits Division Act — P-6.7
pension benefit means any pension, allowance, annuity, return of contributions or other benefit or amount payable under a pension plan, and includes any benefit or amount payable under the Public Service Pension Adjustment Act , chapter P-33 of the Revised Statutes of Canada, 1970, or the Supplementary Retirement Benefits Act in respect of a pension, allowance or annuity payable under that pension plan;  ( prestation de retraite )
Pension Benefits Division Act — P-6.7 (a)
pension plan means (a) a superannuation or pension plan provided by (i) the Public Service Superannuation Act , (ii) the Canadian Forces Superannuation Act , (iii) the Defence Services Pension Continuation Act , chapter D-3 of the Revised Statutes of Canada, 1970, (iv) the Royal Canadian Mounted Police Superannuation Act , (v) the Royal Canadian Mounted Police Pension Continuation Act , chapter R-10 of the Revised Statutes of Canada, 1970, (vi) the Diplomatic Service (Special) Superannuation Act , (vii) the Lieutenant Governors Superannuation Act , or (viii) the Governor General’s Act , (b) a pension plan or retirement compensation arrangement provided by the Members of Parliament Retiring Allowances Act , or (c) a special pension plan or retirement compensation arrangement established under the Special Retirement Arrangements Act ; ( régime )
Pension Benefits Division Act — P-6.7
prescribed means prescribed by regulation;  ( Version anglaise seulement )
Pension Benefits Division Act — P-6.7
spousal agreement [Repealed, 2000, c. 12, s. 243]
Pension Benefits Division Act — P-6.7
spouse , in relation to a member of a pension plan, includes a person who is party to a void marriage with the member. ( époux )
Pension Benefits Division Act — P-6.7 3
Inconsistency with other law 3 In the event of any inconsistency between this Act and the regulations made under this Act and any other law, this Act and the regulations shall prevail to the extent of the inconsistency.
Pension Benefits Division Act — P-6.7 4
Application 4 (1) A member of a pension plan or a spouse, former spouse or former common-law partner of a member may, in the circumstances described in subsection (2), apply to the Minister to divide the member’s pension benefits between the member and the spouse, former spouse or former common-law partner. Circumstances in which application may be made (2) The circumstances in which an application may be made are: (a) where a court in Canada of competent jurisdiction, in proceedings in relation to divorce, annulment of marriage or separation, makes an order that provides for the pension benefits to be divided between the member and the spouse, former spouse or former common-law partner; or (b) where the member and the spouse, former spouse or former common-law partner are living separate and apart, having lived separate and apart for a period of at least one year and, either before or after they commenced to live separate and apart, (i) a court in Canada of competent jurisdiction makes an order that provides for the pension benefits to be divided between them, or (ii) the member and the spouse, former spouse or former common-law partner have entered into a written agreement that provides for the pension benefits to be divided between them. Calculation of period of separation (3) For the purposes of paragraph (2)(b), (a) the member and the spouse, former spouse or former common-law partner are deemed to have lived separate and apart for any period during which they lived apart and either of them had the intention to live separate and apart from the other; and (b) a period during which the member and the spouse, former spouse or former common-law partner have lived separate and apart shall not be considered to have been interrupted or terminated by reason only (i) that the member or the spouse, former spouse or former common-law partner has become incapable of forming or having an intention to continue to live separate and apart or of continuing to live separate and apart of the member’s or the spouse’s, former spouse’s or former common-law partner’s own volition, if it appears to the Minister that the separation would probably have continued if the member or the spouse, former spouse or former common-law partner had not become so incapable, or (ii) that the member and the spouse, former spouse or former common-law partner have resumed cohabitation during a period of, or periods totalling, not more than ninety days with reconciliation as its primary purpose. Form of application, etc. (4) An application must (a) be made in writing and contain the prescribed information; and (b) be accompanied by a certified true copy of the court order or agreement and such other documents as are prescribed. 1992, c. 46, Sch. II, s. 4; 2000, c. 12, ss. 244, 249, 250(E), 251(E)
Pension Benefits Division Act — P-6.7 5
Notice of receipt of application 5 (1) The Minister shall, after receiving an application, send a notice of the receipt in the prescribed manner to each interested party. If interested party is not the applicant (2) In the case of an interested party who is not the applicant, the notice must (a) include the prescribed information and any other information that the Minister considers necessary; and (b) be accompanied by a copy of the court order or agreement and any other documents that accompanied the application. Notice deemed to be received (3) The notice is deemed to be received by an interested party thirty days after the day on which it is sent in the prescribed manner to that party. Definition of “interested party” (4) In this section and sections 6 to 8, interested party means the member of the pension plan and the spouse, former spouse or former common-law partner between whom the member’s pension benefits are sought to be divided. 1992, c. 46, Sch. II, s. 5; 2000, c. 12, ss. 249, 251(E)
Pension Benefits Division Act — P-6.7 6
Interested party may object 6 (1) An interested party who objects to the division of the pension benefits on any of the grounds described in subsection (2) may submit a notice of objection in writing to the Minister within sixty days after the day on which notice of the receipt of the application is deemed under subsection 5(3) to be received by that party. Grounds for objection (2) The grounds for objection are (a) that the court order or agreement has been varied or is of no force or effect; (b) that the terms of the court order or agreement have been or are being satisfied by other means; or (c) that proceedings have been commenced in a court in Canada of competent jurisdiction to appeal or review the court order or challenge the terms of the agreement. Documentary evidence (3) An interested party who submits a notice of objection shall include with that notice documentary evidence to establish the grounds for objection. 1992, c. 46, Sch. II, s. 6; 2000, c. 12, s. 251(E)
Pension Benefits Division Act — P-6.7 7
Approval of division 7 (1) Subject to subsections (2) and (3), the Minister shall, as soon as is practicable after the Minister is satisfied that an application meets the requirements of this Act, approve the division of the pension benefits for which the application is made. If notice of objection is submitted (2) If an interested party submits a notice of objection to the Minister in accordance with section 6, the Minister shall (a) where the grounds for objection are the grounds referred to in paragraph 6(2)(a) or (b), defer any decision on the application until such time as the Minister is able to ascertain to the Minister’s satisfaction whether those grounds have been established; and (b) where the grounds for objection are the grounds referred to in paragraph 6(2)(c), defer any decision on the application until the final disposition of the proceedings on which those grounds are based. Minister shall refuse approval (3) The Minister shall refuse to approve the division of the pension benefits if (a) the application is withdrawn in accordance with the regulations; (b) where an interested party submits a notice of objection to the Minister in accordance with section 6 and the grounds for objection are the grounds referred to in paragraph 6(2)(a) or (b), the Minister is satisfied that those grounds have been established and that they provide sufficient reason to refuse the division; (c) where an interested party submits a notice of objection to the Minister in accordance with section 6 and the grounds for objection are the grounds referred to in paragraph 6(2)(c), the court order or agreement is of no force or effect as a result of the proceedings on which those grounds are based; (d) the period subject to division cannot be determined under subsection 8(2) or (3); or (e) the Minister is satisfied, based on evidence submitted to the Minister, that it would not be just to approve the division. Exception (4) Notwithstanding subsection (3), the Minister may approve the division of the pension benefits on the basis of an order of a court issued pursuant to any proceedings referred to in paragraph 6(2)(c). Transitional (5) The Minister may approve the division of the pension benefits notwithstanding that the court order or agreement on which the application is based was made or entered into before the day on which subsection 4(1) comes into force. 1992, c. 46, Sch. II, s. 7; 2000, c. 12, s. 251(E)
Pension Benefits Division Act — P-6.7 9
Further divisions precluded 9 Where a division of pension benefits that have accrued to a member of a pension plan during any period is effected under section 8, no further divisions may be made under that section in respect of that period.
Pension Benefits Division Act — P-6.7 10
Amounts transferred in error 10 If the amount transferred in respect of a spouse, former spouse or former common-law partner or paid to their estate or succession under section 8 exceeds the amount that the spouse, former spouse or former common-law partner was entitled to have transferred or the estate or succession was entitled to be paid, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that spouse, former spouse, former common-law partner, estate or succession. 1992, c. 46, Sch. II, s. 10; 2000, c. 12, s. 246
Pension Benefits Division Act — P-6.7 11
Amounts paid before adjustment 11 Where an adjustment is made under paragraph 8(1)(b) and an amount is or has been paid to a member of a pension plan that exceeds the amount to which that member is or would have been entitled under that pension plan after the effective date of that adjustment, the amount in excess constitutes a debt due to Her Majesty in right of Canada by that member and may be recovered at any time by set-off against any pension benefit that is payable to that member under any pension plan, without prejudice to any other recourse available to Her Majesty in right of Canada with respect to the recovery thereof.
Pension Benefits Division Act — P-6.7 12
Void transactions 12 (1) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to have transferred under section 8 are not capable of being assigned, charged, anticipated or given as security, and any transaction that purports to assign, charge, anticipate or give as security any such amount is void. Exemption from attachment, etc. (2) Amounts that a spouse, former spouse or former common-law partner is or may become entitled to have transferred under section 8 are exempt from attachment, seizure and execution, either at law or in equity. 1992, c. 46, Sch. II, s. 12; 2000, c. 12, s. 249
Pension Benefits Division Act — P-6.7 13
Court order 13 (1) Notwithstanding any other provision of this Act or the provisions of any pension plan or Act under which a pension plan is established or by which a pension plan is provided, where a court in Canada of competent jurisdiction so orders, the Minister shall not, for such period as that court may order, take any action on the direction of a member of a pension plan that may prejudice the ability of the spouse or former spouse or common-law partner or former common-law partner of that member to make an application or obtain a division of pension benefits under this Act. Information (2) The Minister shall, in accordance with the regulations, on request of a spouse or former spouse or common-law partner or former common-law partner of a member of a pension plan, provide that person with prescribed information concerning the benefits that are or may become payable to or in respect of that member under that pension plan or under Part II of the Public Service Superannuation Act , Part II of the Canadian Forces Superannuation Act , the Public Service Pension Adjustment Act or the Supplementary Retirement Benefits Act . 1992, c. 46, Sch. II, s. 13; 2000, c. 12, s. 247
Pension Benefits Division Act — P-6.7 14
Payment out of Consolidated Revenue Fund 14 All amounts payable under this Act shall be paid out of the Consolidated Revenue Fund and be charged to the Consolidated Revenue Fund, to a fund as defined in section 2 of the Public Sector Pension Investment Board Act or to an account or accounts in the accounts of Canada, as provided for by the regulations. 1992, c. 46, Sch. II, s. 14; 2001, c. 34, s. 64
Pension Benefits Division Act — P-6.7 15
Offence 15 Every person who knowingly makes a false or misleading representation to the Minister in any application or other proceeding under this Act is guilty of an offence punishable on summary conviction.