GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
College of Patent Agents and Trademark Agents Regulations — 20
Register of Trademark Agents — additional information 20 (1) For the purposes of paragraph 31(1)(f) of the Act, the Registrar must include in the Register of Trademark Agents the name and contact information of an individual who (a) is a resident of a country other than Canada and is authorized to act as a trademark agent under the law of that country; and (b) has made a request in writing to the Registrar to be included in the Register. Register of Trademark Agents — annual requirement (2) In order to maintain their name in the Register, an individual referred to in subsection (1) must continue to meet the requirements of paragraph (1)(a) and must in each year, within the period established by by-laws made by the Board, provide to the Registrar a statement signed by the individual setting out their country of residence and declaring that they are authorized to act as a trademark agent under the law of that country.
College of Patent Agents and Trademark Agents Regulations — 21
Deemed holder of patent agent in training licence 21 (1) An individual is deemed to hold a patent agent in training licence during the period described in subsection (2) if that individual (a) is working in the area of Canadian patent law and practice, including the preparation and prosecution of applications for a patent; (b) is supervised, in respect of that work, (i) by an individual who holds a patent agent licence or who, before the day on which these Regulations come into force, is a patent agent, or (ii) by an individual who is responsible for a legal clinic associated with a Canadian faculty of law; (c) is resident in Canada; and (d) provides notice to the College that they meet the requirements of paragraphs (a) to (c). Period for purposes of subsection (1) (2) For the purpose of subsection (1), the applicable period begins on the later of the day on which these Regulations come into force and the day on which the notice referred to in paragraph (1)(d) is received and ends on the earliest of (a) the day on which the individual is issued a patent agent licence or a patent agent in training licence under section 26 of the Act, (b) the day on which the applicable licence referred to in subsection (1) is surrendered, (c) the day on which the applicable licence referred to in subsection (1) is revoked, and (d) the day that is one year after the day on which these Regulations come into force.
College of Patent Agents and Trademark Agents Regulations — 22
Deemed holder of trademark agent in training licence 22 (1) An individual is deemed to hold a trademark agent in training during the period described in subsection (2) if that individual (a) is working in the area of Canadian trademark law and practice, including the preparation and prosecution of applications for the registration of trademarks; (b) is supervised, in respect of that work, (i) by an individual who holds a trademark agent licence or who, before the day on which these Regulations come into force, is a trademark agent, or (ii) by an individual who is responsible for a legal clinic associated with a Canadian faculty of law; (c) is resident in Canada; and (d) provides notice to the College that they meet the requirements of paragraphs (a) to (c). Period for purposes of subsection (1) (2) For the purpose of subsection (1), the applicable period begins on the later of the day on which these Regulations come into force and the day on which the notice referred to in paragraph (1)(d) is received and ends on the earliest of (a) the day on which the individual is issued a trademark agent licence or a trademark agent in training licence under section 29 of the Act, (b) the day on which the applicable licence referred to in subsection (1) is surrendered, (c) the day on which the applicable licence referred to in subsection (1) is revoked, and (d) the day that is one year after the day on which these Regulations come into force.
College of Patent Agents and Trademark Agents Regulations — 23
Qualifying examination for patent agents 23 If, before the day on which these Regulations come into force, an individual sat for a paper of the qualifying examination for patent agents and, on that day, the final mark for that paper was not yet determined, (a) the Examining Board established under section 20 of the Patent Rules , as it read immediately before the day on which these Regulations come into force, must mark that paper; and (b) the individual may meet the requirements of subsection 26(1) of the Act by passing that qualifying examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College.
College of Patent Agents and Trademark Agents Regulations — 24
Qualifying examination for trademark agents 24 If, before the day on which these Regulations come into force, an individual sat for a qualifying examination for trademark agents and, on that day, the final mark for that examination was not yet determined, (a) the examining board established under section 17 of the Trademarks Regulations , as it read immediately before the day on which these Regulations come into force, must mark that examination; and (b) the individual may meet the requirements of subsection 29(1) of the Act by passing that examination and paying the fee, if any, established for that purpose by by-laws made by the Board or the College.
College of Patent Agents and Trademark Agents Regulations — 25
Patent agent licence — requirements for former patent agent 25 An individual who is resident in Canada, who has passed the qualifying examination for patent agents and who was a former patent agent whose name was removed under subsection 23(2) of the Patent Rules from the register of patent agents kept under section 15 of the Patent Act , as those provisions read immediately before the day on which these Regulations come in to force, is considered to meet the requirements for a patent agent licence if (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that register; and (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College.
College of Patent Agents and Trademark Agents Regulations — 26
Trademark agent licence — requirements for former trademark agent 26 An individual who is resident in Canada, who has passed the qualifying examination for trademark agents and who was a former trademark agent whose name was removed under subsection 20(2) of the Trademarks Regulations from the list of trademark agents kept under section 28 of the Trademarks Act , as those provisions read immediately before the day on which these Regulations come into force, is considered to meet the requirements for a trademark agent licence if (a) they apply in writing to the Registrar for reinstatement not later than one year after the day on which their name was removed from that list; and (b) they pay the fee, if any, established for that purpose by by-laws made by the Board or the College.
College of Patent Agents and Trademark Agents Regulations — 27
Request deemed to be made — patent agents 27 If, on the day before the day on which these Regulations come into force, the name of an individual was on the register of patent agents in accordance with paragraph 22(b) of the Patent Rules , as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 19 (1)(b) of these Regulations on the day on which these Regulations come into force.
College of Patent Agents and Trademark Agents Regulations — 28
Request deemed to be made — trademark agents 28 If, on the day before the day on which these Regulations come into force, the name of an individual was on the list of trademark agents in accordance with paragraph 19(b) of the Trademarks Regulations , as it read immediately before the day on which these Regulations come into force, the individual is deemed to have made the request referred to in paragraph 20 (1)(b) of these Regulations on the day on which these Regulations come into force.
College of Patent Agents and Trademark Agents Regulations — S.C. 2018, c. 27, s. 247
S.C. 2018, c. 27, s. 247 * 29 These Regulations come into force on the day on which paragraph 76(1)(c) of the College of Patent Agents and Trademark Agents Act come into force, but if they are registered after that day, they come into force on the day on which they are registered. * [Note: Regulations in force June 28, 2021, see SI/2021-30.]
Vessel Safety Certificates Regulations — Vessel Safety Certificates Regulations
Whereas the annexed Vessel Safety Certificates Regulations set out an amendment to the Navigation Safety Regulations, 2020 , which establishes additional or complementary standards to those set out in the International Convention for the Safety of Life At Sea of 1974 and the Protocol of 1988 relating to the Convention, and the Administrator in Council is satisfied that those standards meet the objectives of the Convention and Protocol;
Vessel Safety Certificates Regulations — (a)
Therefore, His Excellency the Administrator of the Government of Canada in Council, on the recommendation of the Minister of Transport and the Minister of Natural Resources with respect to the provisions of the annexed Regulations other than sections 21 to 27 , on the recommendation of the Minister of National Revenue with respect to that section 21 , of the Minister of Labour with respect to those sections 22 to 24 and of the Minister of Transport with respect to those sections 25 to 27 , makes the annexed Vessel Safety Certificates Regulations pursuant to (a) paragraph 7(1)(a) of the Canada Pension Plan a ; a R.S., c. C-8 (b) section 157 b of the Canada Labour Code c ; b S.C. 2019, c. 29, par. 375(1)(c) c R.S., c. L-2 (c) section 27 d of the Transportation of Dangerous Goods Act, 1992 e ; and d S.C. 2009, c. 9, s. 25 e S.C. 1992, c. 34 (d) subsection 35(1) f , sections 77 g , 100 h and 120 i , paragraph 136(1)(f) j , sections 190 k and 207 l and paragraphs 244(a), (f) m and (h) n of the Canada Shipping Act, 2001 o . f S.C. 2019, c. 1, s. 141 g S.C. 2011, c. 15, s. 43 h S.C. 2017, c. 26, s. 43 i S.C. 2018, c. 27, s. 694 j S.C. 2005, c. 29, s. 18 k S.C. 2018, c. 27, s. 707 l S.C. 2015, c. 3, s. 24 m S.C. 2014, c. 29, s. 75(1) n S.C. 2018, c. 27, s. 709 o S.C. 2001, c. 26
Vessel Safety Certificates Regulations — (a)
(a) paragraph 7(1)(a) of the Canada Pension Plan a ; a R.S., c. C-8
Vessel Safety Certificates Regulations — (b)
(b) section 157 b of the Canada Labour Code c ; b S.C. 2019, c. 29, par. 375(1)(c) c R.S., c. L-2
Vessel Safety Certificates Regulations — (c)
(c) section 27 d of the Transportation of Dangerous Goods Act, 1992 e ; and d S.C. 2009, c. 9, s. 25 e S.C. 1992, c. 34
Vessel Safety Certificates Regulations — (d)
(d) subsection 35(1) f , sections 77 g , 100 h and 120 i , paragraph 136(1)(f) j , sections 190 k and 207 l and paragraphs 244(a), (f) m and (h) n of the Canada Shipping Act, 2001 o . f S.C. 2019, c. 1, s. 141 g S.C. 2011, c. 15, s. 43 h S.C. 2017, c. 26, s. 43 i S.C. 2018, c. 27, s. 694 j S.C. 2005, c. 29, s. 18 k S.C. 2018, c. 27, s. 707 l S.C. 2015, c. 3, s. 24 m S.C. 2014, c. 29, s. 75(1) n S.C. 2018, c. 27, s. 709 o S.C. 2001, c. 26
Vessel Safety Certificates Regulations — 1
Definitions 1 The following definitions apply in these Regulations. Act means the Canada Shipping Act, 2001 . ( Loi ) inland voyage means a voyage that is not a sheltered waters voyage and is (a) on the inland waters of Canada; or (b) on the inland waters of Canada together with any part of a lake or river forming part of the inland waters of Canada that lies within the United States, or on Lake Michigan. ( voyage en eaux internes ) inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn (a) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and (b) from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. ( eaux internes du Canada ) Minister means the Minister of Transport. ( ministre ) near coastal voyage, Class 1 means a voyage (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2; (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and (c) during which a vessel is always (i) north of latitude 6°N, and (ii) 200 nautical miles or less from shore or above the continental shelf. ( voyage à proximité du littoral, classe 1 ) near coastal voyage, Class 2 means a voyage (a) that is not a sheltered waters voyage or an inland voyage; and (b) during which a vessel is always (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and (ii) 100 nautical miles or less from a place of refuge. ( voyage à proximité du littoral, classe 2 ) sheltered waters voyage means a voyage that is (a) in Canada on a river above tidal waters or on a lake, where it is impossible for a vessel to be more than 2.5 nautical miles from the closest shore; (b) on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or (c) made by a ferry between two or more points listed in column 1 of Schedule 2 during the period specified in column 2. ( voyage en eaux abritées ) SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. ( SOLAS ) unlimited voyage means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. ( voyage illimité )
Vessel Safety Certificates Regulations — Vessel Safety Certificates Regulations
Act means the Canada Shipping Act, 2001 . ( Loi )
Vessel Safety Certificates Regulations — (a)
inland voyage means a voyage that is not a sheltered waters voyage and is (a) on the inland waters of Canada; or (b) on the inland waters of Canada together with any part of a lake or river forming part of the inland waters of Canada that lies within the United States, or on Lake Michigan. ( voyage en eaux internes )
Vessel Safety Certificates Regulations — (a)
inland waters of Canada means all the rivers, lakes and other navigable fresh waters within Canada, and includes the St. Lawrence River as far seaward as a straight line drawn (a) from Cap-des-Rosiers to Pointe Ouest, Anticosti Island; and (b) from Anticosti Island to the north shore of the St. Lawrence River along longitude 63°W. ( eaux internes du Canada )
Vessel Safety Certificates Regulations — Vessel Safety Certificates Regulations
Minister means the Minister of Transport. ( ministre )
Vessel Safety Certificates Regulations — (a)
near coastal voyage, Class 1 means a voyage (a) that is not a sheltered waters voyage, an inland voyage or a near coastal voyage, Class 2; (b) that is between places in Canada, the United States (except Hawaii), Saint Pierre and Miquelon, the West Indies, Mexico, or Central America, or on the northeast coast of South America, including on any navigable waters connected with that coast; and (c) during which a vessel is always (i) north of latitude 6°N, and (ii) 200 nautical miles or less from shore or above the continental shelf. ( voyage à proximité du littoral, classe 1 )
Vessel Safety Certificates Regulations — (a)
near coastal voyage, Class 2 means a voyage (a) that is not a sheltered waters voyage or an inland voyage; and (b) during which a vessel is always (i) 25 nautical miles or less from shore in waters contiguous to Canada, the United States (except Hawaii) or Saint Pierre and Miquelon, and (ii) 100 nautical miles or less from a place of refuge. ( voyage à proximité du littoral, classe 2 )
Vessel Safety Certificates Regulations — (a)
sheltered waters voyage means a voyage that is (a) in Canada on a river above tidal waters or on a lake, where it is impossible for a vessel to be more than 2.5 nautical miles from the closest shore; (b) on the waters listed in column 1 of Schedule 1 during the period specified in column 2; or (c) made by a ferry between two or more points listed in column 1 of Schedule 2 during the period specified in column 2. ( voyage en eaux abritées )
Vessel Safety Certificates Regulations — Vessel Safety Certificates Regulations
SOLAS means the International Convention for the Safety of Life at Sea, 1974, and the Protocol of 1988 relating to the Convention, as amended from time to time. ( SOLAS )
Vessel Safety Certificates Regulations — Vessel Safety Certificates Regulations
unlimited voyage means a voyage that is not a sheltered waters voyage, an inland voyage, a near coastal voyage, Class 2 or a near coastal voyage, Class 1. ( voyage illimité )
Vessel Safety Certificates Regulations — 2
Interpretation 2 (1) For the purpose of interpreting the provisions of SOLAS that are incorporated by reference into these Regulations, (a) “should” is to be read as “must” and any recommendation or suggestion is to be read as an obligation; (b) “Administration” is to be read as “Minister”; (c) “ship” is to be read as “vessel”; and (d) “survey” is to be read as “inspection”. Inconsistency (2) In the event of an inconsistency between a provision in SOLAS and a provision in these Regulations, the provision in these Regulations prevails to the extent of the inconsistency.
Vessel Safety Certificates Regulations — 3
Canadian vessels and foreign vessels 3 (1) These Regulations apply in respect of Canadian vessels everywhere and foreign vessels in Canadian waters. Activities relating to oil or gas (2) These Regulations apply in respect of a vessel referred to in subsection (1) that is capable of engaging in the drilling for, or the production, conservation or processing of, oil or gas.
Vessel Safety Certificates Regulations — 4
Prescribed class — section 119 of the Act 4 A Canadian vessel in respect of which these Regulations apply is a vessel of a prescribed class for the purposes of section 119 of the Act.
Vessel Safety Certificates Regulations — 5
Application 5 This Division applies in respect of Canadian vessels that are Safety Convention vessels.
Vessel Safety Certificates Regulations — 6
Safety certificate 6 A vessel must hold the applicable safety certificates issued under section 7 to engage on a voyage.
Vessel Safety Certificates Regulations — 7
Issuance of safety certificate 7 (1) On application by the authorized representative of a vessel, the Minister must issue the applicable safety certificates referred to in SOLAS to the vessel if the vessel meets the requirements of regulations made under Part 4 of the Act in respect of the following that apply to the vessel when it is engaged in its intended service: (a) the vessel’s structure and its main and auxiliary machinery, boilers and other pressure vessels; (b) watertight subdivision arrangements and details; (c) subdivision load lines; (d) structural fire protection, fire safety systems and appliances and fire control plans; (e) life-saving appliances and equipment for lifeboats, life rafts and rescue boats; (f) line-throwing appliances and radio installations used in life-saving appliances; (g) radio installations; (h) shipborne navigational equipment, means of embarkation for pilots, and nautical charts and publications; and (i) lights, shapes and means of making distress and sound signals. Inspections and endorsements (2) The authorized representative of a vessel that holds a safety certificate must ensure that (a) the vessel undergoes all inspections required in respect of the applicable certificate under Part B of Chapter I of SOLAS; and (b) if Part B of Chapter I of SOLAS requires that the certificate be endorsed following the inspection, the certificate is endorsed by the Minister, in accordance with that Part, to indicate that the requirements for the issuance of the certificate continue to be met.
Vessel Safety Certificates Regulations — 8
Exemption certificate 8 On application by the authorized representative of a vessel, the Minister must issue an exemption certificate to the vessel if an exemption has been granted by the Marine Technical Review Board in accordance with section 28 of the Act in respect of the requirements that must be met for the issuance of a safety certificate under section 7 .
Vessel Safety Certificates Regulations — 9
Continuous synopsis record 9 (1) On application by the authorized representative of a vessel for a continuous synopsis record referred to in Regulation 5 of Chapter XI-1 of SOLAS, the Minister must issue the record to the vessel in accordance with that Regulation. Required information in application (2) The application must contain the information referred to in Regulation 5.3 of Chapter XI-1 of SOLAS. Update to information (3) If there is a change that affects the information that is contained in the continuous synopsis record, the authorized representative must, as soon as feasible, (a) inform the Minister in writing of the change; (b) submit a new application for an updated version of the continuous synopsis record; and (c) in respect of the information referred to in Regulations 5.3.4 to 5.3.12 of Chapter XI-1 of SOLAS, amend the continuous synopsis record to reflect the change. Prohibition from altering continuous synopsis record (4) Subject to paragraph (3)(c), the authorized representative must ensure that the continuous synopsis record is not altered or defaced and that any information contained in it is not modified or removed. Vessel transferred — continuous synopsis record on board (5) The authorized representative must ensure that the continuous synopsis record is left on board when the vessel is transferred to the flag of another state, is sold or another company assumes the responsibility for its operation. Vessel transferred — information to Minister (6) If a vessel is transferred to the flag of another state, the authorized representative must, as soon as feasible after the transfer, inform the Minister of the name of the state to allow the Minister to forward to that state a copy of each continuous synopsis record issued by the Minister to that vessel.
Vessel Safety Certificates Regulations — 10
Responsibilities of authorized representative 10 The authorized representative of a vessel that holds a safety certificate must ensure that (a) all safety certificates that are required by section 6 are kept on board; (b) any document that is required to be attached to the certificates under SOLAS and the regulations made under Part 4 of the Act is kept on board; (c) any exemption certificate that is referred to in section 8 is kept on board; and (d) if the authorized representative has applied for an updated continuous synopsis record under paragraph 9 (3)(b) and the authorized representative has not yet received the updated record, a copy of the application is kept on board.
Vessel Safety Certificates Regulations — 11
Application 11 (1) This Division applies in respect of the following Canadian vessels that are not Safety Convention vessels: (a) vessels of 15 gross tonnage or less that carry more than 12 passengers; and (b) vessels of more than 15 gross tonnage. Non-application (2) This Division does not apply in respect of (a) pleasure craft; (b) vessels to which the Special-purpose Vessel Regulations apply; (c) human-powered vessels; or (d) a vessel that does not have a mechanical means of propulsion and does not carry persons, dangerous chemicals in bulk or oil in bulk on board. Definition of dangerous chemical (3) For the purposes of paragraph (2)(d), dangerous chemical has the same meaning as in subsection 1(1) of the Vessel Pollution and Dangerous Chemicals Regulations .
Vessel Safety Certificates Regulations — 12
Safety certificate 12 A vessel must hold the applicable safety certificates issued under section 13 to engage on a voyage.