GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Access to Funds Regulations — 8
8 An institution must disclose the information referred to in section 7 to its customers and to the public by means of a written notice, copies of which must be displayed and made available at each of the institution’s branches where personal deposit accounts are offered, at each of the institution’s points of service and on each of the institution’s websites through which it offers products and services in Canada.
Access to Funds Regulations — 9
9 (1) An institution must disclose any change to the information referred to in section 7 (a) by means of a notice that is displayed, for a period of at least 60 days immediately before the effective date of the change, at each of the institution’s branches where products or services are offered, at each of the institution’s points of service and on each of the institution’s websites through which it offers products and services in Canada; and (b) by providing every customer in whose name a retail deposit account is kept and to whom a statement of account is provided with a notice in writing at least 30 days before the effective date of the change or, if the customer has instructed the institution in writing to provide such a notice to another person, by providing that other person with the notice in writing at least 30 days before the effective date of the change. (2) If the change results in a shortened period during which an institution may hold funds deposited by cheque or other instrument, the institution may meet the obligations set out in paragraph (1)(a) and (b) after the effective date of the change. (3) A notice that is sent to a customer by mail is considered to be provided to the customer on the fifth business day after the postmark date.
Access to Funds Regulations — 11
11 These Regulations come into force on August 1, 2012.
Patented Medicine Prices Review Board Rules of Practice and Procedure — a
His Excellency the Governor General in Council, on the recommendation of the Minister of Health, pursuant to subsection 96(2) a of the Patent Act b , approves the making of the annexed Patented Medicine Prices Review Board Rules of Practice and Procedure by the Patented Medicine Prices Review Board. a S.C. 1993, c. 2, s. 7 b R.S., c. P-4
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
The Patented Medicine Prices Review Board, pursuant to subsection 96(2) a of the Patent Act b , makes the annexed Patented Medicine Prices Review Board Rules of Practice and Procedure .
Patented Medicine Prices Review Board Rules of Practice and Procedure — 1
1 The definitions in this section apply in these Rules. Act means the Patent Act . ( Loi ) Chairperson means the Chairperson of the Board designated under subsection 93(1) of the Act. ( président ) concerned minister means a federal Minister or a provincial minister referred to in subsection 86(2) of the Act, as the context requires. ( ministre intéressé ) counsel means a member of the bar of a province. ( conseiller juridique ) hearing includes a conference held under these Rules. ( audience ) party means (a) a respondent; (b) Board Staff; (c) a concerned minister; or (d) a person who has been granted leave to intervene under Rule 20. ( partie ) person includes an unincorporated organization or entity. ( personne ) respondent means a rights holder, or a former rights holder, against whom an order of the Board is proposed to be made under the Act. ( intimé ) Secretary means the Director of Board Secretariat or anyone acting on her or his behalf. ( secrétaire ) SOR/2021-117, s. 1
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
Chairperson means the Chairperson of the Board designated under subsection 93(1) of the Act. ( président )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
concerned minister means a federal Minister or a provincial minister referred to in subsection 86(2) of the Act, as the context requires. ( ministre intéressé )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
counsel means a member of the bar of a province. ( conseiller juridique )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
hearing includes a conference held under these Rules. ( audience )
Patented Medicine Prices Review Board Rules of Practice and Procedure — (a)
party means (a) a respondent; (b) Board Staff; (c) a concerned minister; or (d) a person who has been granted leave to intervene under Rule 20. ( partie )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
person includes an unincorporated organization or entity. ( personne )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
respondent means a rights holder, or a former rights holder, against whom an order of the Board is proposed to be made under the Act. ( intimé )
Patented Medicine Prices Review Board Rules of Practice and Procedure — Patented Medicine Prices Review Board Rules of Practice and Procedure
Secretary means the Director of Board Secretariat or anyone acting on her or his behalf. ( secrétaire )
Patented Medicine Prices Review Board Rules of Practice and Procedure — 2
Composition of Board 2 For the purposes of these Rules, the members assigned by the Chairperson under subsection 93(2) of the Act to deal with a matter constitute the Board.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 3
Application 3 These Rules apply in respect of any proceeding before the Board.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 4
Quorum 4 In any proceeding, a quorum of the Board consists of two members.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 5
Defect in form or procedure 5 (1) A proceeding or any part of a proceeding may not be defeated by reason only of a defect in form or procedure. Unanticipated procedural matters (2) Any procedural matter or question that is not provided for in the Act, in these Rules or in any regulations made pursuant to the Act that arises in the course of any proceeding may be dealt with in any manner that the Board directs in order to ensure the fair and expeditious conduct of any proceeding. Board discretion (3) For the purpose of ensuring the fair and expeditious conduct of any proceeding, the Board may vary, supplement or dispense with any requirement set out in these Rules.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 6
Board powers 6 (1) In relation to any proceeding, the Board may (a) receive any evidence that it considers appropriate; (b) take notice of facts that may be judicially noticed and of any generally recognized scientific or technical facts, information or opinions concerning patented or protected medicines; (c) add parties at any stage of the proceeding; (d) permit the amendment of any document filed with the Secretary; and (e) decide any question of procedure. Directions — information, documents and facts (2) The Board may, at any time, direct (a) that a party provide any information or documents, in paper or electronic format, that the Board considers concerned to any proceeding; and (b) that a particular fact be established by affidavit. Affidavits (3) All affidavits must be filed with the Secretary. SOR/2021-117, s. 2
Patented Medicine Prices Review Board Rules of Practice and Procedure — 7
Witnesses appearing before Board 7 Witnesses appearing before the Board must testify under oath or solemn affirmation and may be examined by the party calling the witness and cross-examined by parties adverse in interest.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 8
Admissibility of expert evidence 8 (1) Expert witness evidence is not admissible in a proceeding before the Board in respect of any issue unless the issue has been raised in the pleadings or in a pre-hearing conference order or the expert witness evidence is called for the purpose of rebutting the evidence of an expert witness introduced by another party. Maximum number (2) More than two expert witnesses may not be called by a party, per issue, without leave of the Board. Report, declaration and availability (3) Every party who, in a proceeding before the Board, intends to introduce evidence given by an expert witness must (a) file with the Secretary and serve on each of the parties in accordance with the Board’s schedule of events, an expert witness report that is supported by an affidavit and that must include (i) a statement of the issues addressed in the report, (ii) a description of the qualifications of the expert with respect to those issues, (iii) the expert’s curriculum vitae attached to the report as a schedule, (iv) the facts and assumptions on which the opinions in the report are based, (v) a summary of the opinions expressed, (vi) in the case of a report provided in response to another expert’s report, an indication of the points of agreement and of disagreement with the other expert’s opinions, (vii) the reasons supporting each opinion expressed, (viii) any literature or other documents specifically relied on in support of the opinions expressed, (ix) a summary of the methodology on which the expert has relied; (b) file with the Secretary and serve on each of the parties a signed Expert Witness Declaration in Form 1 set out in the schedule; and (c) ensure that the expert witness is available for examination and cross-examination at the hearing. Duration of examination in chief (4) Examination in chief of any expert witness may not, without the Board’s consent, exceed 90 minutes.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 9
Computation of time 9 (1) If a time limit set out in these Rules expires on a Saturday, Sunday or a holiday, the period is extended to the next business day. Deemed service (2) Any document that is served after 5:00 p.m. at the local time for the recipient is deemed to be served at 9:00 a.m. on the next business day.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 10
Manner of service 10 (1) Unless otherwise provided in these Rules, the giving of notice or the service of any document under these Rules must be effected (a) by personal service in accordance with Rule 11; (b) by courier, in which case service is deemed to have been made on the day of delivery of the document; (c) by electronic transmission of a copy of the document to the address for service, in which case service is deemed to have been made on the day of transmission; or (d) in any other manner that the Board may direct. Service of filed documents (2) If a document is required to be filed with the Board pursuant to these Rules or a direction of the Board, except in connection with ex parte motions, the person who files the document must, concurrently with the filing, serve a copy of the document on every person who is, at the time of service, a party to the proceeding. Proof of service to be filed (3) Proof of service of any document that is required to be served must, at the request of the Board, be filed with the Secretary. Service on respondent residing outside Canada (4) If these Rules require or permit giving notice to or the service of any document on a respondent who does not reside or carry on business at a specified address in Canada, the giving of notice or the service may be effected by giving notice to or serving the representative of the respondent who is appointed pursuant to section 29 of the Act.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 11
Personal service 11 Personal service of a document must be effected by leaving a copy of the document (a) in the case of service on an individual, with that individual; (b) in the case of service on a partnership, with one of the partners; (c) in the case of service on a corporation, with an officer or director of the corporation; (d) in the case of service on a concerned minister, with the concerned minister or the person apparently in charge of the office; or (e) if counsel has filed a notice of appearance on behalf of a person referred to in any of paragraphs (a) to (d), with counsel.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 12
Address for service 12 The address for service for a party is (a) if there is counsel of record for the party, the business address of counsel as shown on the last document filed by counsel; (b) if a party is unrepresented, (i) in the case of a concerned minister, the address of the concerned minister’s office, or (ii) in the case of any other person, the address of the person as shown on the notice of hearing; and (c) if a notice of change of address for service has been filed with the Board, the new address.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 13
Notice of appearance 13 (1) Counsel must file a notice of appearance with the Secretary before representing a party before the Board. Beginning of representation (2) A party is represented by counsel before the Board beginning on the date of filing of the notice of appearance. Notice of change of counsel (3) A person may change counsel by filing a notice of change of counsel with the Board, together with proof of service of that notice on counsel and on all other parties. Notice of withdrawal of counsel (4) Counsel may withdraw from a proceeding by filing with the Board a notice of withdrawal, together with proof of service of that notice on all parties. Any party that is not an individual (5) Any party that is not an individual must be represented by counsel in all proceedings.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 14
Manner of filing 14 (1) The filing of a document with the Board must be effected (a) by personal service of the document on the Secretary; (b) by delivery of the document by courier or by registered or certified mail to the Secretary; or (c) by transmitting the document electronically to the Secretary. Electronic filing (2) Any documents that are filed with the Board electronically must meet the following requirements: (a) the electronic and paper versions of documents must have the same cover page, table of contents and page numbers; (b) the filename of an electronic document must include the name of either the patented or protected medicine or the company if the hearing does not relate to a specific patented or protected medicine, the name of the party filing the document, the title of the document and the date which appears on the document or must meet alternative requirements, if any, set out by the Secretary; and (c) documents must be filed as PDF (Portable Document Format) documents or in any format authorized by the Secretary. Deemed filing date (3) The date of receipt marked by the Secretary on a document is deemed to be the date on which the document was filed with the Secretary. Copies (4) Three paper copies of any document that is served by a party must be filed with the Secretary. If the document is filed electronically, the three copies must be filed with the Secretary within 48 hours of electronic filing. Confirmation of filing (5) On the request of a party or any interested person filing a document with the Secretary, the Secretary must provide the party or interested person with confirmation of that filing. Confidential documents (6) If a party files a document with the Board that contains confidential information, it must ensure that “CONFIDENTIAL/CONFIDENTIEL” appears prominently on the cover and pages of the document which contain confidential information. SOR/2021-117, s. 3
Patented Medicine Prices Review Board Rules of Practice and Procedure — 15
Signed notice of hearing 15 (1) Proceedings are initiated by issuance of a notice of hearing signed by the Secretary. Personal service (2) A notice of hearing must be served personally on the respondent, all concerned ministers and on any other person that the Board may direct, in accordance with Rule 11. Statement of allegation or notice of application (3) A notice of hearing must be accompanied by (a) in the case of an allegation of a patented or protected medicine sold at an excessive price, a statement of allegation set out in consecutively numbered paragraphs containing the material facts, the allegations and the order sought by Board Staff in the proceeding; or (b) in the case of an allegation of a failure to provide information and documents related to a patented or protected medicine, a notice of application set out in consecutively numbered paragraphs containing a statement of the relief sought by Board Staff, the grounds for the relief and the material facts on which Board Staff intends to rely. SOR/2021-117, s. 4
Patented Medicine Prices Review Board Rules of Practice and Procedure — 16
Content of notice of hearing 16 (1) A notice of hearing issued by the Board must (a) specify the date and time of the teleconference referred to in Rule 22; (b) contain a statement of the purpose of the hearing; (c) state that the hearing will be held in public unless, on representations made by a respondent, the Board is satisfied that specific, direct and substantial harm would be caused to the respondent by the disclosure of information or documents relating to the hearing; (d) be accompanied by a schedule of events; and (e) contain any other information that the Board considers appropriate. Public notice (2) The Secretary must give public notice of each hearing in the Canada Gazette and in any other manner that the Chairperson may direct.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 17
Contents 17 Subject to section 87 and subsection 88(4) of the Act, if the Board issues a notice of hearing, the Secretary must establish a record of the proceeding that includes (a) the notice of hearing; (b) any document filed with the Secretary by a party in relation to the proceeding; (c) any direction, decision, notice or order of the Board in relation to the proceeding; (d) the transcript of any pre-hearing conference; (e) the transcript of the hearing in relation to the proceeding; and (f) any other document or information that is directed by the Board to be placed on the record of the proceeding.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 18
Filing of response 18 (1) A respondent who wishes to oppose the making of an order sought by Board Staff that is set out in a statement of allegation or in a notice of application must, within 20 days after being served with the notice of hearing, file with the Secretary and serve on all other parties a response that is dated and signed by the respondent. Content of response (2) A response must be set out in consecutively numbered paragraphs and must include (a) an admission or denial of each ground or material fact set out in the statement of allegation or notice of application; (b) the grounds on which the proposed order is opposed and the material facts on which the respondent is relying; (c) the name and address of the person on whom service of any document in relation to the proceeding may be effected. No response filed (3) If a respondent has not filed a response within the period set out in subsection (1), the Board may, where the Board is satisfied that a copy of the notice of hearing was served on the respondent and where the Board has received any evidence that it required the respondent to provide, make any finding and issue any order that the Board considers appropriate under section 83 of the Act.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 19
Filing of reply 19 (1) If Board Staff wishes to reply to the response it must, within 20 days after being served with the response, file with the Board and serve on all other parties a reply that is dated and signed by Board Staff. Content of reply (2) A reply must be set out in consecutively numbered paragraphs and must set out an admission or denial of each ground or material fact that was set out in the response. No reply filed (3) If Board Staff does not file a reply, it is deemed to have denied each ground and each material fact alleged in the response.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 20
Motion for leave to intervene 20 (1) Any person who claims an interest in the subject-matter of a proceeding may, within any period and under any conditions that the Board may specify, bring a motion to the Board for leave to intervene in the proceeding. Content of motion for leave to intervene (2) A motion for leave to intervene must set out (a) the name and address of the proposed intervener and of any counsel representing the intervener; (b) a concise statement of the nature of the proposed intervener’s interest in the hearing and the reasons the intervention is necessary; (c) a concise statement of the facts upon which the motion is based; and (d) the issues that the proposed intervener intends to address. Filing of motion (3) A motion for leave to intervene must be filed with the Board and served on the parties in accordance with Rule 10. Filing of representations (4) The parties who are served with a motion for leave to intervene may make submissions with respect to the motion by filing their submissions with the Board and serving a copy of the submissions on the person seeking leave to intervene. Factors considered by the Board (5) Subject to section 87 of the Act, if a person has moved to intervene in a proceeding, the Board may grant or deny the intervention and impose any conditions or restrictions on the intervention that it determines to be appropriate after considering relevant factors, including (a) whether the person has an interest in the proceeding that is sufficient to warrant the intervention; (b) whether the intervention will prejudice any party to the proceeding; and (c) whether the intervention will interfere with the fair and expeditious conduct of the proceeding.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 21
Filing of notice of appearance 21 (1) A concerned minister who intends to appear and make representations with respect to a matter that is before the Board must, within 20 days after being served with the notice of hearing, file with the Board and serve on all parties a notice of appearance that is dated and signed by the concerned minister. Content of notice of appearance (2) A notice of appearance must set out the name and address of the individual on whom service of any document intended for the concerned minister may be effected and must be accompanied by (a) a concise statement of the representations that the concerned minister intends to make and the material facts on which the concerned minister is relying, and (b) a list of the documents that may be used in evidence to support the material facts on which the concerned minister is relying. No notice of appearance filed (3) A concerned minister who has not filed a notice of appearance within the period set out in subsection (1) need no longer be served by the parties.
Patented Medicine Prices Review Board Rules of Practice and Procedure — 22
Teleconference 22 The Secretary must convene a teleconference with counsel to be held no later than 45 days following the issuance of the notice of hearing for the purpose of (a) fixing the hearing schedule; (b) establishing the official language the parties wish to use during the proceeding; (c) discussing the filing of evidence by the parties; (d) considering the procedure to be followed and means of expediting the hearing, including determining whether written submissions will be submitted; (e) determining the expected duration of the hearing; (f) facilitating the exchange among the parties of information and documents to be submitted at the hearing; and (g) identifying other issues to be resolved.