Olympic (1976) Act (S.C. 1973-74, c. 31)

Act current to 2017-12-11

Olympic Account

Marginal note:Olympic Account
  •  (1) There shall be established in the accounts of Canada an account to be known as the Olympic Account.

  • Marginal note:Credits to Account

    (2) There shall be credited to the Olympic Account

    • (a) the proceeds less production costs, as determined by the Minister of Finance, before deduction of the costs referred to in paragraph (3)(a), derived by Canada from the issue and sale of Olympic coins; and

    • (b) the amount of the net proceeds derived by Canada from the sale of Olympic stamps and postal related products as determined under section 8.

  • Marginal note:Charges on Account

    (3) There shall be paid out of the Consolidated Revenue Fund and charged to the Olympic Account

    • (a) all administrative, merchandising, distribution, promotion and other costs incurred by Canada in connection with the distribution and sale of Olympic coins, as determined by the Postmaster General;

    • (b) the net costs, as determined by the Minister of Finance, of any redemption of Olympic coins pursuant to subsection 5(4); and

    • (c) all amounts paid to the Olympic Corporation pursuant to subsection (4).

  • Marginal note:Payments to Olympic Corporation

    (4) Subject to such terms and conditions as the Governor in Council may prescribe, the Minister of Finance may authorize the payment, from time to time, to the Olympic Corporation out of the Consolidated Revenue Fund of such part of any amount then standing to the credit of the Olympic Account as exceeds the amount that in his opinion may be required for the payment of the costs referred to in paragraphs (3)(a) and (b).

  • Marginal note:Limitation

    (5) The aggregate amount of all payments made to the Olympic Corporation under this section shall not exceed two hundred and sixty million dollars and, subject to subsection (6), no payment shall be made out of the Consolidated Revenue Fund under this section in excess of the amount then standing to the credit of the Olympic Account.

  • Marginal note:Permitted deficit

    (6) During the first twelve months after this Act comes into force, payment of the costs referred to in paragraph (3)(a) may be made out of the Consolidated Revenue Fund and charged to the Olympic Account notwithstanding the amount standing to the credit of that Account at the time of payment, but the Olympic Account shall not have a deficiency for any greater amount than five hundred thousand dollars, or have a deficiency at any time after those first twelve months.

Marginal note:Selling price of gold for coins

 With respect to any gold held by or on behalf of the Minister of Finance for the Exchange Fund Account that is used in the production of gold Olympic coins, the Minister of Finance shall, for the purposes of this Act and the Currency and Exchange Act, determine the selling price of that gold on the basis of the market price of the gold when the selling price is determined.

  • 1974-75-76, c. 68, s. 3.

General

Marginal note:Income Tax Act application

 The Olympic Corporation shall be deemed to be a registered Canadian amateur athletic association as described in paragraph 110(8)(b) of the Income Tax Act for the purposes of that Act.

Trade Marks and Symbol

Marginal note:Public authority

 The Olympic Corporation is and always has been a public authority in Canada for the purposes of the Trade Marks Act.

  • 1974-75-76, c. 68, s. 4.
Marginal note:Trade marks
  •  (1) The following are marks of the Olympic Corporation, namely,

    • (a) the words “Olympic”, “Olympique”, “Olympics”, “Olympiques”, “COJO”, “Olympiad”, “Olympiade”, “Games”, “Jeux”, “Olympic Games”, “Jeux olympiques”, “Summer Games” and “Jeux d’été” when used in connection with the numerals “1976”, “76” or “XXI”;

    • (b) the words “Montreal” or “Montréal” when used in connection with the numerals “1976”, “76” or “XXI” or any of the words listed in paragraph (a); and

    • (c) the two representations of the beaver that appear in Schedule I.

  • Marginal note:Official symbol

    (2) The symbol that appears in Schedule II is the official symbol of the Olympic.

  • 1974-75-76, c. 68, s. 4.
Marginal note:Definitions
  •  (1) In this section,

    adopt

    adopt, in relation to a trade mark, has the same meaning as in the Trade Marks Act; (adopter)

    goods

    goods has the same meaning as wares in the Trade Marks Act. (biens)

  • Marginal note:Adoption of mark, symbol, etc.

    (2) Except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation, no person shall, after June 13, 1975 and before January 1st, 1977, adopt, in connection with any business or any establishment or premises in which a business is carried on, as a trade mark or otherwise,

    • (a) any mark of the Olympic Corporation or the official symbol of the Olympic, whether such mark or symbol is used alone or in connection with any word, abbreviation, expression, symbol, emblem, insignia or design; or

    • (b) any word, abbreviation, expression, symbol, emblem, insignia or design containing, indicating or implying any reference to the Olympic or so closely resembling any mark of the Olympic Corporation or the official symbol of the Olympic as to be likely to be mistaken for such mark or symbol.

  • Marginal note:Use of mark, symbol, etc.

    (3) No person shall, after June 13, 1975 and before January 1st, 1977, use in connection with any business or any establishment or premises in which a business is carried on, as a trade mark or otherwise, any mark, word, abbreviation, expression, symbol, emblem, insignia or design adopted contrary to subsection (2).

  • Marginal note:Sale, etc., of goods

    (4) No person shall, after June 13, 1975 and before January 1st, 1977, sell, offer for sale or have in his possession for sale any goods to which has been applied any mark, word, abbreviation, expression, symbol, emblem, insignia or design contrary to subsection (3).

  • Marginal note:Restriction on use of previously adopted mark, symbol, etc.

    (5) Where, before June 14, 1975, a person adopted any mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), as a trade mark or otherwise, in association with goods or services or in connection with any business or any establishment or premises in which a business is carried on, that person shall not, after June 13, 1975 and before January 1st, 1977, use such mark, word, abbreviation, expression, symbol, emblem, insignia or design, as a trade mark or otherwise, in association with any goods or services of a different class or of a different kind within the same class or in connection with any other business or other establishment or premises in which a business is carried on, except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation.

  • Marginal note:When mark, etc., deemed to be applied

    (6) For the purposes of this section, a mark, word, abbreviation, expression, symbol, emblem, insignia or design shall be deemed to have been applied to goods when it is marked on or on any package containing such goods, or when it is used or displayed in the course of selling, distributing or advertising such goods.

  • Marginal note:Application of Trade Marks Act

    (7) For the purposes of sections 52 and 53 of the Trade Marks Act, each of the marks of the Olympic Corporation and the official symbol of the Olympic are registered trade marks of that corporation, and a reference in those sections to the Trade Marks Act or the provisions of that Act shall be construed as including a reference to this section.

  • Marginal note:Presumption of injury

    (8) In any action or suit in which an injunction is sought under the Trade Marks Act, it shall be presumed that any contravention of this section will occasion immediate and irreparable injury to the Olympic Corporation.

  • Marginal note:Presumption as to time of adoption

    (9) Where, in any legal proceeding arising from this section, it is shown that a person adopted a mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), it shall be presumed, unless the contrary is proved, that such adoption occurred after June 13, 1975 and before January 1st, 1977.

  • Marginal note:Offence

    (10) Every person who contravenes this section is guilty of an offence punishable on summary conviction.

  • 1974-75-76, c. 68, s. 4.
 
Date modified: