GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Children’s Special Allowance Regulations — 7
7 The information referred to in section 11 of the Act may be furnished to the government of a province or to an Indigenous governing body, under the terms of an agreement between the Minister and that government or Indigenous governing body, for the purpose of the administration of a social, income assistance or health insurance program of that province or Indigenous governing body that is specified in the agreement, on condition that (a) the agreement is in writing and provides that the information shall remain privileged and shall not be communicated to anyone not legally entitled thereto; and (b) the information is used only to determine a person’s eligibility under that program. 2022, c. 10, s. 47
Children’s Special Allowance Regulations — 8
8 (1) The Minister may suspend payment of a special allowance where the Minister has reasonable grounds to believe, on the basis of information received, that an applicant’s continuing eligibility to receive the special allowance is in question and an investigation respecting that applicant’s eligibility for a special allowance has been commenced. (2) Payment of a special allowance shall be resumed in the circumstance where the investigation establishes that the applicant is eligible to receive the special allowance. (3) Where payment of a special allowance is resumed under subsection (2), the special allowance shall be paid for all portions of the period of suspension for which the applicant was eligible to receive the special allowance.
Children’s Special Allowance Regulations — 9
9 For the purposes of the Act, a child is considered to be maintained by an applicant in a month if (a) the applicant, at the end of the month, provides for the child’s care, maintenance, education, training and advancement to a greater extent than any other department, agency, institution, Indigenous governing body or any person; or (b) the applicant is an entity referred to in any of paragraphs 3(1)(a) to (c) of the Act that has applied in respect of a child who (i) was formerly in the care of foster parents or was formerly maintained by an entity referred to in any of paragraphs 3(1)(a) to (c) of the Act, and (ii) has been placed in the permanent or temporary custody of a guardian, tutor or other individual occupying a similar role for the month, under a decree, order or judgment of a competent tribunal, or under the laws of an Indigenous governing body, who has received financial assistance from the applicant for the month in respect of the child’s maintenance. SOR/97-35, s. 3; 2011, c. 24, s. 151 2022, c. 10, s. 48
Children’s Special Allowance Regulations — 10
10 The amount of a special allowance payment made to a person or applicant to which the person or applicant is not entitled, or the amount in excess of the amount to which the person or applicant is entitled, may be deducted and retained, up to the full amount, from any payments of the special allowance thereafter payable to that person or applicant.
Children’s Special Allowance Regulations — 11
11 These Regulations come into force on January 1, 1993.
Children’s Special Allowance Regulations — 151.
Application 151. (2) Section 9 of the Regulations, as enacted by subsection (1), applies to special allowances payable for months after December 2011.
Bolster and Sideframe Remission Order — *
His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to section 101 of the Customs Tariff * , is pleased hereby to make the annexed Order respecting the remission of customs duties on specified bolsters and sideframes for railcars . * R.S., c. 41 (3rd Supp.)
Bolster and Sideframe Remission Order — 1
1 This Order may be cited as the Bolster and Sideframe Remission Order .
Bolster and Sideframe Remission Order — 2
2 Subject to section 3, remission is hereby granted of the customs duties paid or payable under Schedule I to the Customs Tariff on railcar bolsters and sideframes imported by Ronsco Inc., Montreal, Quebec.
Bolster and Sideframe Remission Order — 3
3 The remission is granted pursuant to section 2 on the condition that: (a) the bolsters and sideframes are for use by CN North America, Montreal, in the conversion of 525 boxcars from 70 ton capacity to 100 ton capacity at its Transcona shop in Winnipeg or its shop in Moncton, New Brunswick; and (b) a claim for remission is made to the Minister of National Revenue within three years of the date of importation of the goods for which remission is claimed. SOR/94-215, s. 1
Patented Medicines (Notice of Compliance) Regulations — *
His Excellency the Governor General in Council, on the recommendation of the Minister of Consumer and Corporate Affairs, pursuant to subsection 55.2(4) * of the Patent Act , is pleased hereby to make the annexed Regulations respecting a notice of compliance pertaining to patented medicines. * S.C. 1993, c. 2, s. 4
Patented Medicines (Notice of Compliance) Regulations — 1
1 These Regulations may be cited as the Patented Medicines (Notice of Compliance) Regulations .
Patented Medicines (Notice of Compliance) Regulations — 2
2 (1) In these Regulations, claim for the dosage form means a claim for a delivery system for administering a medicinal ingredient in a drug or a formulation of a drug that includes within its scope that medicinal ingredient or formulation; ( revendication de la forme posologique ) claim for the formulation means a claim for a mixture that is composed of medicinal and non-medicinal ingredients, that is contained in a drug and that is administered to a patient in a particular dosage form; ( revendication de la formulation ) claim for the medicinal ingredient includes a claim in the patent for the medicinal ingredient, whether chemical or biological in nature, when prepared or produced by the methods or processes of manufacture particularly described and claimed in the patent, or by their obvious chemical equivalents, and also includes a claim for different polymorphs of the medicinal ingredient, but does not include different chemical forms of the medicinal ingredient; ( revendication de l’ingrédient médicinal ) claim for the medicine itself [Repealed, SOR/2006-242, s. 1] claim for the use of the medicinal ingredient means a claim for the use of the medicinal ingredient for the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms; ( revendication de l’utilisation de l’ingrédient médicinal ) claim for the use of the medicine [Repealed, SOR/2006-242, s. 1] court [Repealed, SOR/2017-166, s. 1] expire means (a) in relation to a patent, expire, lapse or terminate by operation of law; and (b) in relation to a certificate of supplementary protection, expire or terminate by operation of law; ( expiré ) first person means the person referred to in subsection 4(1); ( première personne ) medicine [Repealed, SOR/2006-242, s. 1] Minister means the Minister of Health; ( ministre ) notice of compliance means a notice issued under section C.08.004 or C.08.004.01 of the Food and Drug Regulations ; ( avis de conformité ) patent list means a list submitted under subsection 4(1); ( liste de brevets ) register means the register maintained by the Minister in accordance with subsection 3(2); ( registre ) second person means the person referred to in subsection 5(1) or (2) who files a submission or supplement referred to in those subsections. ( seconde personne ) (2) For the purposes of the definition claim for the formulation in subsection (1), the claim for the formulation need not specify the non-medicinal ingredients contained in the drug. (3) In these Regulations, a reference to the owner of a patent includes the owner of a patent set out in a certificate of supplementary protection. SOR/98-166, s. 1; SOR/99-379, s. 1; SOR/2006-242, s. 1; err. (E), Vol. 140, No. 23; SOR/2008-211, s. 1; SOR/2011-89, s. 1; SOR/2015-169, s. 2; SOR/2017-166, s. 1
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the dosage form means a claim for a delivery system for administering a medicinal ingredient in a drug or a formulation of a drug that includes within its scope that medicinal ingredient or formulation; ( revendication de la forme posologique )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the formulation means a claim for a mixture that is composed of medicinal and non-medicinal ingredients, that is contained in a drug and that is administered to a patient in a particular dosage form; ( revendication de la formulation )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the medicinal ingredient includes a claim in the patent for the medicinal ingredient, whether chemical or biological in nature, when prepared or produced by the methods or processes of manufacture particularly described and claimed in the patent, or by their obvious chemical equivalents, and also includes a claim for different polymorphs of the medicinal ingredient, but does not include different chemical forms of the medicinal ingredient; ( revendication de l’ingrédient médicinal )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the medicine itself [Repealed, SOR/2006-242, s. 1]
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the use of the medicinal ingredient means a claim for the use of the medicinal ingredient for the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms; ( revendication de l’utilisation de l’ingrédient médicinal )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
claim for the use of the medicine [Repealed, SOR/2006-242, s. 1]
Patented Medicines (Notice of Compliance) Regulations — (a)
expire means (a) in relation to a patent, expire, lapse or terminate by operation of law; and (b) in relation to a certificate of supplementary protection, expire or terminate by operation of law; ( expiré )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
first person means the person referred to in subsection 4(1); ( première personne )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
Minister means the Minister of Health; ( ministre )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
notice of compliance means a notice issued under section C.08.004 or C.08.004.01 of the Food and Drug Regulations ; ( avis de conformité )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
patent list means a list submitted under subsection 4(1); ( liste de brevets )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
register means the register maintained by the Minister in accordance with subsection 3(2); ( registre )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
second person means the person referred to in subsection 5(1) or (2) who files a submission or supplement referred to in those subsections. ( seconde personne )
Patented Medicines (Notice of Compliance) Regulations — 3
ause of a change in manufacturer. (5) If, after an identification number is cancelled under paragraph C.01.014.6(1)(a) of the Food and Drug Regulations , an identification number is assigned for the same drug, the Minister shall add to the register the patent that was deleted under subsection (3) when the Minister receives the document required by section C.01.014.3 of the Food and Drug Regulations in respect of the drug. (6) The register shall be open to public inspection during business hours. (7) No patent on a patent list or certificate of supplementary protection shall be added to the register until after the Minister has issued a notice of compliance in respect of the new drug submission or the supplement to a new drug submission, as the case may be, to which the patent or certificate of supplementary protection relates. (8) The Minister may consult with officers or employees of the Patent Office for the purposes of determining whether a patent or certificate of supplementary protection is to be added to or deleted from the register or verifying the date on which any additional term granted for any patent that is on a patent list submitted to the Minister will expire. SOR/98-166, s. 2; SOR/2006-242, s. 2; SOR/2011-89, s. 2; SOR/2017-166, s. 2 SOR/2024-241, s. 24
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
identification number means a number, preceded by the letters “DIN”, that is assigned for a drug in accordance with subsection C.01.014.2(1) of the Food and Drug Regulations . ( identification numérique )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
new drug submission means a new drug submission or an extraordinary use new drug submission as those terms are used in Division 8 of Part C of the Food and Drug Regulations , but excludes such a submission that is based solely on the change of name of the manufacturer. ( présentation de drogue nouvelle )
Patented Medicines (Notice of Compliance) Regulations — Patented Medicines (Notice of Compliance) Regulations
supplement to a new drug submission means a supplement to a new drug submission or a supplement to an extraordinary use new drug submission as those terms are used in Division 8 of Part C of the Food and Drug Regulations , but excludes such a supplement that is based solely on one or more of the matters mentioned in any of paragraphs C.08.003(2)(b) and (d) to (g) and subparagraphs C.08.003(2)(h)(iv) and (v) of those Regulations. ( supplément à une présentation de drogue nouvelle )
Patented Medicines (Notice of Compliance) Regulations — 3.1
3.1 (1) The Minister shall not delete from the register a patent on a patent list that was submitted before June 17, 2006, unless (a) the patent has expired; (b) a court has, under subsection 60(1) of the Patent Act , declared that the patent is invalid or void; (c) the identification number assigned to the drug in respect of which the patent is listed is cancelled under paragraph C.01.014.6(1)(a) of the Food and Drug Regulations ; or (d) the first person in respect of that patent list requests the Minister to delete the patent. (2) The Minister shall not refuse to add to the register a patent on a patent list that was submitted before June 17, 2006 solely on the basis that the patent is not relevant to the submission for a notice of compliance to which the patent list relates. SOR/2008-211, s. 2; SOR/2017-166, s. 3
Patented Medicines (Notice of Compliance) Regulations — 4
 patent list shall contain the following: (a) an identification of the new drug submission or the supplement to a new drug submission to which the list relates; (b) the medicinal ingredient, brand name, dosage form, strength, route of administration and use set out in the new drug submission or the supplement to a new drug submission to which the list relates; (c) for each patent on the list, the patent number, the filing date of the patent application in Canada, the date of grant of the patent and the date on which the patent will expire; (d) for each patent on the list, a statement that the first person who filed the new drug submission or the supplement to a new drug submission to which the list relates (i) is the owner of the patent, (ii) has an exclusive licence to the patent or to a certificate of supplementary protection in which that patent is set out, or (iii) has obtained the consent of the owner of the patent to its inclusion on the list; (e) the address in Canada for service, on the first person, of a notice of allegation referred to in paragraph 5(3)(a) or the name and address in Canada of another person on whom service may be made with the same effect as if service were made on the first person; and (f) a certification by the first person that the information submitted under this subsection is accurate and that each patent on the list meets the eligibility requirements of subsection (2) or (3). (5) Subject to subsection (6), a first person who submits a patent list must do so at the time the person files the new drug submission or the supplement to a new drug submission to which the patent list relates. (6) A first person may, after the date of filing of a new drug submission or a supplement to a new drug submission, and within 30 days after the issuance of a patent that was issued on the basis of an application that has a filing date in Canada that precedes the date of filing of the submission or supplement, submit a patent list, including the information referred to in subsection (4), in relation to the submission or supplement. (7) A first person who has submitted a patent list must keep the information on the list up to date, including by informing the Minister of the date on which any additional term granted for the patent – as set out in the corresponding certificate of additional term that is made available on the website of the Canadian Intellectual Property Office under subsection 117.04(3) of the Patent Rules or set out in an order made under subsection 46.4(2) of the Patent Act – will expire, but, in so doing, may not add a patent to the list. (8) The Minister shall insert on the patent list the date of filing and submission number of the new drug submission or the supplement to a new drug submission in relation to which the list was submitted. SOR/98-166, s. 3; SOR/2006-242, s. 2; err. (E), Vol. 140, No. 23; SOR/2015-169, s. 4; SOR/2017-166, s. 5 SOR/2024-241, s. 25
Patented Medicines (Notice of Compliance) Regulations — 4.1
4.1 (1) In this section, supplement to the new drug submission means a supplement to a new drug submission or a supplement to an extraordinary use new drug submission as those terms are used in Division 8 of Part C of the Food and Drug Regulations . (2) A first person who submits a patent list in relation to a new drug submission referred to in subsection 4(2) may, if the list is added to the register, resubmit the same list in relation to a supplement to the new drug submission, but may not submit a new patent list in relation to a supplement except in accordance with subsection 4(3). SOR/2006-242, s. 2; SOR/2011-89, s. 3
Patented Medicines (Notice of Compliance) Regulations — 6
6 (1) The first person or an owner of a patent who receives a notice of allegation referred to in paragraph 5 (3)(a) may, within 45 days after the day on which the first person is served with the notice, bring an action against the second person in the Federal Court for a declaration that the making, constructing, using or selling of a drug in accordance with the submission or supplement referred to in subsection 5(1) or (2) would infringe any patent or certificate of supplementary protection that is the subject of an allegation set out in that notice. (2) If the person who brings an action under subsection (1) is not the owner of each patent — or of a patent that is set out in each certificate of supplementary protection — that is the subject of the action, the owner of each of those patents shall be or be made a party to the action. (3) The second person may bring a counterclaim for a declaration (a) under subsection 60(1) or (2) of the Patent Act in respect of any patent claim asserted in the action brought under subsection (1); or (b) under 125(1) or (2) of that Act in respect of any claim, asserted in the action brought under subsection (1), in the patent set out in the certificate of supplementary protection in question in that action. (4) If the Federal Court makes a declaration referred to in subsection (1), it may order any other remedy that is available under the Patent Act , or at law or in equity, in respect of infringement of a patent or a certificate of supplementary protection. SOR/98-166, ss. 5, 9; SOR/99-379, s. 3; SOR/2006-242, s. 3; err. (E), Vol. 140, No. 23; SOR/2008-211, s. 3; SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.01
6.01 No action, other than one brought under subsection 6 (1), may be brought against the second person for infringement of a patent or a certificate of supplementary protection that is the subject of a notice of allegation served under paragraph 5 (3)(a) in relation to the making, constructing, using or selling of a drug in accordance with the submission or supplement referred to in subsection 5 (1) or (2) unless the first person or the owner of the patent did not, within the 45-day period referred to in subsection 6 (1), have a reasonable basis for bringing an action under that subsection. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.02
6.02 No action may be joined to a given action brought under subsection 6 (1) during any period during which the Minister shall not issue a notice of compliance because of paragraph 7(1)(d) other than (a) another action brought under that subsection in relation to the submission or supplement in that given action; and (b) an action brought in relation to a certificate of supplementary protection that is added to the register after the filing of the submission or supplement in that given action, if the patent that is set out in that certificate of supplementary protection is at issue in that given action. SOR/2017-166, s. 7
Patented Medicines (Notice of Compliance) Regulations — 6.03
6.03 (1) If a second person makes a request under subsection 5 (3.1), the person who brings the action must serve on the second person at the same time as their statement of claim, (a) a document setting out the information referred to in paragraph (3.1)(a) and the documents referred to in paragraph (3.1)(b); (b) a document setting out an explanation of the steps that have been and are being taken to locate that information or those documents, along with a statement that they will be provided as soon as feasible; or (c) a document setting out the reasons for not providing them, if applicable. (2) The person bringing the action may impose on the second person any reasonable rules for maintaining the confidentiality of the information set out in any document provided under paragraph (1)(a). (3) Those confidentiality rules are binding and enforceable by the Federal Court, which may award any remedy that it considers just if they are not respected. (4) On motion of the second person or on its own initiative, after giving an opportunity to be heard to the parties to the action, the Federal Court may set aside or vary any or all of those confidentiality rules in any manner that it considers just. (5) Any person who is, under paragraph (1)(a), required to provide a document may — if there is reason to believe that the intended recipient of the document is not in Canada — refuse to provide it unless the recipient attorns to the jurisdiction of the Federal Court with respect to the confidentiality of the information set out in the document. SOR/2017-166, s. 7