Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6)
Full Document:
Assented to 2017-05-16
PART 2Related Amendments (continued)
R.S., c. E-19Export and Import Permits Act (continued)
21 The Act is amended by adding the following after section 8.3:
Marginal note:Export permits — allocation
8.31 Despite subsection 7(1), if goods have been included on the Export Control List, the Minister shall, at the request of any person who has been issued an export allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a permit to export the goods, subject to
(a) the export allocation; and
(b) the person’s compliance with any regulations made under section 12.
Marginal note:2001, c. 28, s. 50; 2014, c. 14, s. 19
22 Section 9.1 of the Act is replaced by the following:
Marginal note:Minister may issue certificate — Schedule 4
9.1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country listed in column 1 of Schedule 4 or with an international organization acting on behalf of such a country — or of implementing an intergovernmental arrangement applicable to a territory listed in column 1 — respecting the administration of the provisions set out in column 2, issue a certificate with respect to an exportation of goods to that country or territory stating the specific quantity of those goods that, on importation into the country or territory, is eligible for the rate of duty provided for in the provisions set out in column 3.
Marginal note:2012, c. 26, s. 54
23 The schedule to the Act is renumbered as Schedule 1.
24 The Act is amended by adding, after Schedule 1, the Schedules 2 to 4 set out in Schedule 1 to this Act.
R.S., c. F-11Financial Administration Act
25 Schedule VII to the Financial Administration Act is amended by adding the following in alphabetical order:
- Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.
R.S., c. F-27Food and Drugs Act
26 Subsection 30(1) of the Food and Drugs Act is amended by striking out “and” at the end of paragraph (q) and by adding the following after paragraph (r):
(s) respecting the implementation, in relation to any food, drug, cosmetic or device, of international agreements that affect them; and
(t) prescribing anything that by this Act is to be prescribed.
Marginal note:1993, c. 34, s. 73; 2004, c. 23, s. 3
27 Section 37 of the Act is replaced by the following:
Marginal note:Conditions under which exports exempt
37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if
(a) it is manufactured or prepared in Canada;
(b) it is intended for export and is not manufactured or prepared for consumption or use in Canada nor sold for consumption or use in Canada;
(c) a certificate that the package and its contents do not contravene any known requirement of the law of the country to which it is or is about to be consigned has been issued in respect of the package and its contents in prescribed form and manner; and
(d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.
Marginal note:Exception — Act
(1.1) Despite subsection (1),
(a) section 4, subsection 5(1) and section 7 apply to any food;
(b) section 8, subsection 9(1) and section 11 apply to any drug that is not a natural health product within the meaning of the Natural Health Products Regulations;
(c) sections 16 and 18 apply to any cosmetic; and
(d) section 19 and subsection 20(1) apply to any device.
Marginal note:Exception — regulations
(1.2) Despite subsection (1), any prescribed provision of the regulations respecting the method of manufacture, preparation, preserving, packaging, storing and testing of any food, drug, cosmetic or device continues to apply to any packaged food, drug, cosmetic or device.
Marginal note:Exception — General Council Decision
(2) Despite subsection (1), this Act applies in respect of any drug or device to be manufactured for the purpose of being exported in accordance with the General Council Decision, as defined in subsection 30(6), and the requirements of the Act and the regulations apply to the drug or device as though it were a drug or device to be manufactured and sold for consumption or use in Canada, unless the regulations provide otherwise.
R.S., c. I-3Importation of Intoxicating Liquors Act
28 Section 2 of the Importation of Intoxicating Liquors Act is amended by adding the following in alphabetical order:
- EU country or other CETA beneficiary
EU country or other CETA beneficiary has the same meaning as in subsection 2(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)
Marginal note:2012, c. 26, s. 58
29 The portion of paragraph 3(2)(f.1) of the Act before subparagraph (i) is replaced by the following:
(f.1) the importation of bulk spirits into a province from a country or territory listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits
Marginal note:2012, c. 26, s. 59; 2014, c. 14, s. 22
30 The heading of column 1 of the schedule to the Act is replaced by “Country or Territory”.
31 The schedule to the Act is amended by adding, in alphabetical order, a reference to “EU country or other CETA beneficiary” in column 1 and a corresponding reference to “Canada–European Union Tariff in the List of Tariff Provisions set out in the schedule to the Customs Tariff” in column 2.
R.S., c. P-4Patent Act
32 (1) The definition regulation and rule in section 2 of the Patent Act is repealed.
Marginal note:1994, c. 47, s. 141
(2) The definition country in section 2 of the Act is replaced by the following:
- country
country includes a WTO Member, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act; (pays)
(3) The definition legal representatives in section 2 of the Act is replaced by the following:
- legal representatives
legal representatives includes heirs, executors, administrators of the estate, liquidators of the succession, guardians, curators, tutors, transferees and all other persons claiming through applicants for patents and patentees of inventions or through holders of certificates of supplementary protection; (représentants légaux)
(4) Section 2 of the Act is amended by adding the following in alphabetical order:
- regulation
regulation includes a rule or form; (règlement)
- rule
rule includes a regulation or form; (règle)
(5) Section 2 of the Act is amended by adding the following in alphabetical order:
- certificate of supplementary protection
certificate of supplementary protection means a certificate issued by the Minister of Health under section 113; (certificat de protection supplémentaire)
- holder
holder means, with respect to a certificate of supplementary protection, the person for the time being that is entitled to the benefit of the certificate; (titulaire)
33 Subsection 7(1) of the Act is replaced by the following:
Marginal note:Officers of Patent Office not to deal in patents, etc.
7 (1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in any invention, patent, right to a patent, certificate of supplementary protection or right to such a certificate, or any interest in any of them, and every purchase, sale, acquisition or transfer of any of them, or of any interest in any of them, made by or to such an officer or employee is void or, in Quebec, null.
Marginal note:R.S., c. 33 (3rd Supp.), s. 3
34 (1) Paragraph 12(1)(a) of the French version of the Act is replaced by the following:
a) régir la forme et le contenu des demandes de brevet;
Marginal note:R.S., c. 33 (3rd Supp.), s. 3
(2) Paragraph 12(1)(g) of the French version of the Act is replaced by the following:
g) régir le paiement des taxes réglementaires, y compris le moment et la manière selon laquelle ces taxes doivent être payées, les surtaxes qui peuvent être levées pour les paiements en souffrance, ainsi que les circonstances dans lesquelles les taxes peuvent être remboursées en tout ou en partie;
Marginal note:1993, c. 15, s. 29(2)
(3) Paragraph 12(1)(j.8) of the Act is replaced by the following:
(j.8) authorizing the Commissioner to extend, subject to any prescribed terms and conditions, the time fixed by or under this Act in respect of any business before the Patent Office for doing anything where the Commissioner is satisfied that the circumstances justify the extension;
Marginal note:R.S., c. 33 (3rd Supp.), s. 7
35 Section 26 of the Act is replaced by the following:
Marginal note:Annual report
26 The Commissioner shall, in each year, cause to be prepared and laid before each House of Parliament a report of the Commissioner’s activities under this Act.
Marginal note:1993, c. 15, s. 34
36 Section 29 of the Act is repealed.
37 (1) Section 47 of the Act is amended by adding the following after subsection (1):
Marginal note:Certificate of supplementary protection
(1.1) Subsection (1) also applies in the case where the original patent is set out in a certificate of supplementary protection and the original patent’s term has expired, except that in that case the issuance of the new patent, whose term remains expired, is for the purpose of establishing the rights, privileges and liberties granted under the certificate.
(2) Subsection 47(2) of the French version of the Act is replaced by the following:
Marginal note:Effet du nouveau brevet
(2) L’abandon visé au paragraphe (1) ne prend effet qu’au moment de la délivrance du nouveau brevet, et ce nouveau brevet, ainsi que la description et spécification rectifiée, a le même effet en droit, dans l’instruction de toute action engagée par la suite pour tout motif survenu subséquemment, que si cette description et spécification rectifiée avait été originalement déposée dans sa forme corrigée, avant la délivrance du brevet original. Dans la mesure où les revendications du brevet original et du brevet redélivré sont identiques, un tel abandon n’atteint aucune instance pendante au moment de la redélivrance, ni n’annule aucun motif d’instance alors existant, et le brevet redélivré, dans la mesure où ses revendications sont identiques à celles du brevet original, constitue une continuation du brevet original et est maintenu en vigueur sans interruption depuis la date du brevet original.
38 Subsection 53(3) of the Act is repealed.
Marginal note:1993, c. 2, s. 4; 2001, c. 10, s. 2(2)
39 Subsection 55.2(4) of the Act is replaced by the following:
Marginal note:Regulations
(4) The Governor in Council may make regulations respecting the infringement of any patent that, directly or indirectly, could result or results from the making, construction, use or sale of a patented invention in accordance with subsection (1), including regulations
(a) respecting the conditions that must be fulfilled before a document — including a notice, certificate or permit — concerning any product to which a patent may relate may be issued to any person under any Act of Parliament that regulates the manufacture, construction, use or sale of that product, in addition to any conditions provided for by or under that Act;
(b) respecting the earliest day on which such a document may be issued to a person and the earliest day on which it may take effect, and respecting the manner in which each day is to be determined;
(c) respecting the issuance, suspension or revocation of such a document in circumstances where, directly or indirectly, the document’s issuance could result or results in the infringement of a patent;
(d) respecting the prevention and resolution of disputes with respect to the day on which such a document may be issued or take effect;
(e) respecting the prevention and resolution of disputes with respect to the infringement of a patent that could result directly or indirectly from the manufacture, construction, use or sale of a product referred to in paragraph (a);
(f) respecting the resolution of disputes with respect to the infringement of a patent that results directly or indirectly from the manufacture, construction, use or sale of such a product;
(g) conferring rights of action with respect to disputes referred to in any of paragraphs (d) to (f);
(h) restricting or excluding the application of other rights of action under this Act or another Act of Parliament to disputes referred to in any of paragraphs (d) to (f);
(i) designating the court of competent jurisdiction in which a proceeding with respect to rights of action referred to in paragraph (g) is to be heard;
(j) respecting such proceedings, including the procedure of the court in the matter, the defences that may be pleaded, the remedies that may be sought, the joinder of parties and of rights of action and the consolidation of other proceedings, the decisions and orders the court may make and any appeals from those decisions and orders; and
(k) specifying who may be an interested person for the purposes of subsection 60(1) with respect to disputes referred to in paragraph (e).
Marginal note:1993, c. 15, s. 49
40 Section 62 of the Act is replaced by the following:
Marginal note:Judgment voiding patent
62 A patent, or part of a patent, that is voided by a judgment shall be and be held to have been void and of no effect, unless the judgment is reversed on appeal as provided in section 63.
41 Subsection 66(3) of the Act is repealed.
42 Subsection 68(2) of the Act is replaced by the following:
Marginal note:Service
(2) The Commissioner shall consider the matters alleged in the application and declarations referred to in subsection (1) and, if satisfied that the applicant has a bona fide interest and that a case for relief has been made, the Commissioner shall direct the applicant to serve copies of the application and declarations on the patentee and on any other persons appearing from the records of the Patent Office to be interested in the patent, and the applicant shall advertise the application both
(a) in the Canada Gazette; and
(b) on the website of the Canadian Intellectual Property Office or in any other prescribed location.
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