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. T-13Trade-marks Act (continued)
68 Paragraphs 12(1)(g) and (h) of the Act are replaced by the following:
(g) in whole or in part a protected geographical indication identifying a wine, where the trade-mark is to be registered in association with a wine not originating in a territory indicated by the geographical indication;
(h) in whole or in part a protected geographical indication identifying a spirit, where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication;
(h.1) in whole or in part a protected geographical indication, and the trade-mark is to be registered in association with an agricultural product or food — belonging to the same category, as set out in the schedule, as the agricultural product or food identified by the protected geographical indication — not originating in a territory indicated by the geographical indication; and
Marginal note:1994, c. 47, s. 196
69 Subsection 20(2) of the Act is replaced by the following:
Marginal note:Exception
(2) The registration of a trade-mark does not prevent a person from making any use of any of the indications mentioned in subsection 11.18(3) in association with a wine, any of the indications mentioned in subsection 11.18(4) in association with a spirit or any of the indications mentioned in subsection 11.18(4.1) in association with an agricultural product or food.
Marginal note:2014, c. 32, s. 43
70 (1) The definition relevant registered trade-mark in section 51.02 of the Act is replaced by the following:
- relevant protected mark
relevant protected mark means
(a) a trade-mark registered for goods that is identical to, or cannot be distinguished in its essential aspects from, a trade-mark on such goods, including their labels or packaging, that are detained by a customs officer; or
(b) a protected geographical indication identifying, as the case may be, a wine or spirit, or an agricultural product or food of a category set out in the schedule, that is identical to, or cannot be distinguished in its essential aspects from, an indication on such a wine or spirit or such an agricultural product or food, or on their labels or packaging, that is detained by a customs officer. (marque protégée en cause)
(2) Section 51.02 of the Act is amended by adding the following in alphabetical order:
- owner
owner, with respect to a protected geographical indication identifying a wine or spirit or agricultural product or food, means the responsible authority, as defined in section 11.11, for the wine or spirit or agricultural product or food identified by the indication. (propriétaire)
- protected mark
protected mark means a registered trade-mark or a protected geographical indication. (marque protégée)
Marginal note:2014, c. 32, s. 43
71 Subsection 51.03(3) of the Act is replaced by the following:
Marginal note:Wine or spirits
(2.1) Wine or spirits shall not be imported or exported if they, or their labels or packaging, bear a protected geographical indication and the wine or spirits
(a) do not originate in the territory indicated by the indication; or
(b) do originate in the territory indicated by the indication but were not produced or manufactured in accordance with the law applicable to that territory.
Marginal note:Agricultural products or food
(2.2) An agricultural product or food of a category set out in the schedule shall not be imported or exported if it, or its label or packaging, bears a protected geographical indication and the agricultural product or food
(a) does not originate in the territory indicated by the indication; or
(b) does originate in the territory indicated by the indication, but was not produced or manufactured in accordance with the law applicable to that territory.
Marginal note:Exception
(2.3) Subsections (2.1) and (2.2) do not apply if
(a) the sale or distribution of the wine or spirit or the agricultural product or food — or, if the label or packaging of that wine, spirit or agricultural product or food bears a protected geographical indication and the sale or distribution of that wine, spirit or agricultural product or food in association with that label or packaging — would not be contrary to this Act;
(b) the wine or spirit or the agricultural product or food is imported or exported by an individual in their possession or baggage and the circumstances, including the number of such goods, indicate that they are intended only for the individual’s personal use; or
(c) the wine or spirit or the agricultural product or food, while being shipped from one place outside Canada to another, is in customs transit control or customs transhipment control in Canada.
Marginal note:Restriction
(3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy under section 53.2.
Marginal note:2014, c. 32, s. 43
72 Section 51.04 of the Act is replaced by the following:
Marginal note:Request for assistance
51.04 (1) The owner of a protected mark may file with the Minister, in the form and manner specified by the Minister, a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03.
Marginal note:Information in request
(2) The request for assistance shall include the name and address in Canada of the owner of the protected mark and any other information that is required by the Minister, including information about the trade-mark and the goods for which it is registered or, in the case of a geographical indication, the goods identified by the indication.
Marginal note:Validity period
(3) A request for assistance is valid for a period of two years beginning on the day on which it is accepted by the Minister. The Minister may, at the request of the owner of the protected mark, extend the period for two years, and may do so more than once.
Marginal note:Security
(4) The Minister may, as a condition of accepting a request for assistance or of extending a request’s period of validity, require that the owner of the protected mark furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner of the protected mark becomes liable under section 51.09.
Marginal note:Update
(5) The owner of the protected mark shall inform the Minister in writing, as soon as feasible, of any changes to
(a) the validity of the protected mark that is the subject of the request for assistance;
(b) the ownership of the protected mark; or
(c) the goods for which the trade-mark is registered or, in the case of a geographical indication, the goods identified by the indication.
Marginal note:2014, c. 32, s. 43
73 The portion of subsection 51.06(1) of the French version of the Act before paragraph (a) is replaced by the following:
Marginal note:Fourniture de renseignements en vue de l’exercice de recours
51.06 (1) L’agent des douanes qui a des motifs raisonnables de soupçonner que des produits qu’il retient en vertu de l’article 101 de la Loi sur les douanes sont interdits d’importation ou d’exportation au titre de l’article 51.03 peut, à sa discrétion, fournir au propriétaire de la marque protégée en cause, si celui-ci a présenté une demande d’aide acceptée par le ministre à l’égard de cette marque, des échantillons des produits ainsi que des renseignements au sujet des produits qui pourraient lui être utiles pour l’exercice de ses recours au titre de la présente loi, tels que :
Marginal note:2002, c. 8, s. 177
74 Section 61 of the Act is replaced by the following:
Marginal note:Judgments
61 An officer of the Registry of the Federal Court shall file with the Registrar a certified copy of every judgment or order made by the Federal Court, the Federal Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the register or to any protected geographical indication.
75 The Act is amended by adding the following before section 66:
Marginal note:Regulations
65.2 The Governor in Council may make regulations
(a) respecting the list to be kept under subsection 11.12(1), including information relating to the listed geographical indications and translations to be included on the list; and
(b) respecting proceedings under section 11.13, including documents relating to those proceedings.
Marginal note:1993, c. 15, s. 71
76 The heading before section 69 of the Act is replaced by the following:
Transitional Provisions
Marginal note:Use of the indication “Beaufort”
68.1 (1) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Beaufort”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Use of the indication “Nürnberger Bratwürste”
(2) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of fresh, frozen and processed meats, as set out in the schedule, for less than five years before October 18, 2013.
Marginal note:Use of the indication “Jambon de Bayonne”
(3) During the period that begins on the day on which this subsection comes into force and ends on the fifth anniversary of that day, section 11.15 does not apply to the use, in connection with a business, of the indication “Jambon de Bayonne”, or any translation of it in any language, by a person if they or their predecessor in title used the indication or the translation in relation to any business or commercial activity in respect of an agricultural product or food of the category of dry-cured meats, as set out in the schedule, for less than 10 years before October 18, 2013.
Marginal note:Restriction
(4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.
77 The Act is amended by adding, at the end of the Act, the schedule set out in Schedule 2 to this Act.
Marginal note:Replacement of “relevant registered trade-mark”
78 The Act is amended by replacing “relevant registered trade-mark” with “relevant protected mark” wherever it occurs in the following provisions:
(a) sections 51.05 and 51.06;
(b) sections 51.08 and 51.09;
(c) subsection 51.11(5); and
(d) section 51.12.
Marginal note:Replacement of “trade-mark owner”
79 The English version of the Act is amended by replacing “trade-mark owner” with “owner of the mark” wherever it occurs in the following provisions:
(a) paragraph 51.06(3)(c); and
(b) paragraphs 51.09(1)(b) and (c) and 5(a).
R.S., c. 28 (1st Supp.)Investment Canada Act
Marginal note:2009, c. 2, s. 449
80 Section 14.2 of the Investment Canada Act is replaced by the following:
Marginal note:Limits for trade agreement investors — paragraph 14(1)(a) or (b)
14.11 (1) Despite the limits set out in subsections 14(3) and 14.1(1), an investment described in paragraph 14(1)(a) or (b) by a trade agreement investor, other than a state-owned enterprise, or — if the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a trade agreement investor — by a non-Canadian other than a trade agreement investor and other than a state-owned enterprise, is reviewable under section 14 only if the enterprise value, calculated in the prescribed manner, of the assets described in paragraph 14(3)(a) or (b), as the case may be, is equal to or greater than
(a) for an investment implemented at any time in the period that begins on the day on which this paragraph comes into force and that ends on December 31 of the following calendar year, $1,500,000,000, and
(b) for an investment implemented in any subsequent calendar year, the amount determined in respect of that calendar year under subsection (3).
Marginal note:Limits for trade agreement investors — paragraph 14(1)(c) or (d)
(2) Despite the limits set out in subsections 14(3) and (4), an investment described in paragraph 14(1)(c) or (d) by an investor described in any of the following paragraphs is reviewable under section 14 only if the enterprise value, calculated in the prescribed manner, of the assets described in paragraph 14(3)(b) or subsection 14(4), as the case may be, is equal to or greater than the applicable amount referred to under paragaph (1)(a) or (b):
(a) a trade agreement investor that is neither a WTO investor as defined in subsection 14.1(6) nor a state-owned enterprise; or
(b) a non-Canadian that is not a trade agreement investor, a WTO investor as defined in subsection 14.1(6) or a state-owned enterprise, if the Canadian business that is the subject of the investment is, immediately prior to the implementation of the investment, controlled by a trade agreement investor.
Marginal note:Amount
(3) The amount for any year for the purposes of paragraph (1)(b) shall be determined by the Minister in January of that year by rounding off to the nearest million dollars the amount arrived at by using the following formula:
(Current Nominal GDP at Market Prices / Previous Year Nominal GDP at Market Prices) × amount determined for previous year
where
(a) the Current Nominal GDP at Market Prices is the average of the Nominal Gross Domestic Products at market prices for the most recent four consecutive quarters; and
(b) the Previous Year Nominal GDP at Market Prices is the average of the Nominal Gross Domestic Products at market prices for the four consecutive quarters for the comparable period in the year preceding the year used in calculating the Current Nominal GDP at Market Prices.
Marginal note:Publication in Canada Gazette
(4) As soon as possible after determining the amount for any particular year, the Minister shall publish the amount in the Canada Gazette.
Marginal note:Exception
(5) This section does not apply in respect of an investment to acquire control of a Canadian business that is a cultural business, as defined in subsection 14.1(6).
Marginal note:Definitions
(6) The following definitions apply in this section.
- controlled by a trade agreement investor
controlled by a trade agreement investor, with respect to a Canadian business, means, despite subsection 28(2),
(a) the ultimate direct or indirect control in fact of the Canadian business by a trade agreement investor through the ownership of voting interests; or
(b) the ownership by a trade agreement investor of all or substantially all of the assets used in carrying on the Canadian business. (sous le contrôle d’un investisseur (traité commercial))
- trade agreement country
trade agreement country means a country other than Canada that is a party either to the Agreement described in subparagraph (a)(i) of the definition trade agreement investor in this subsection or to a trade agreement listed in column 1 of the schedule. (pays (traité commercial))
- trade agreement investor
trade agreement investor means
(a) an individual, other than a Canadian, who is
(i) a natural person within the meaning of Article 8.1 of the Agreement as defined in section 2 of the Canada-European Union Comprehensive Economic and Trade Agreement Implementation Act, or
(ii) a national within the meaning of any provision set out in column 2 of the schedule corresponding to a trade agreement set out in column 1;
(b) the government of a trade agreement country, whether federal, state or local, or an agency of such a government;
(c) an entity that is not a Canadian-controlled entity, as determined under subsection 26(1) or (2), and that is a trade agreement investor-controlled entity, as determined in accordance with subsection (7);
(d) a corporation or limited partnership that meets the following criteria:
(i) it is not a Canadian-controlled entity, as determined under subsection 26(1),
(ii) it is not an entity described in paragraph (c),
(iii) less than a majority of its voting interests are owned by trade agreement investors,
(iv) it is not controlled in fact through the ownership of its voting interests, and
(v) two thirds of the members of its board of directors, or two thirds of its general partners, as the case may be, are any combination of Canadians and trade agreement investors;
(e) a trust that meets the following criteria:
(i) it is not a Canadian-controlled entity, as determined under subsection 26(1) or (2),
(ii) it is not an entity described in paragraph (c),
(iii) it is not controlled in fact through the ownership of its voting interests, and
(iv) two thirds of its trustees are any combination of Canadians and trade agreement investors; or
(f) any other form of business organization specified by the regulations that is controlled by a trade agreement investor. (investisseur (traité commercial))
Marginal note:Interpretation
(7) For the purpose only of determining whether an entity is a trade agreement investor-controlled entity under paragraph (c) of the definition trade agreement investor in subsection (6),
(a) subsections 26(1) and (2) and section 27 apply and, for that purpose,
(i) every reference in those provisions to “Canadian” or “Canadians” shall be read and construed as a reference to “trade agreement investor” or “trade agreement investors”, respectively,
(ii) every reference in those provisions to “non-Canadian” or “non-Canadians” shall be read and construed as a reference to “non-Canadian other than a trade agreement investor,” or “non-Canadians, other than trade agreement investors,” respectively, except for the reference to “non-Canadians” in subparagraph 27(d)(ii), which shall be read and construed as a reference to “not trade agreement investors”,
(iii) every reference in those provisions to “Canadian-controlled” shall be read and construed as a reference to “trade agreement investor-controlled”, and
(iv) the reference in subparagraph 27(d)(i) to “Canada” shall be read and construed as a reference to “a trade agreement country”; and
(b) if two persons, one being a Canadian and the other being a trade agreement investor, own equally all of the voting shares of a corporation, the corporation is deemed to be trade agreement investor-controlled.
Marginal note:Regulations
14.2 The Governor in Council may make any regulations that the Governor in Council considers necessary for carrying out the purposes and provisions of sections 14.1 and 14.11.
Marginal note:Order
14.3 The Governor in Council may, by order, amend the schedule by adding, deleting or replacing the name of a trade agreement in column 1 or a corresponding provision setting out the meaning of national in column 2.
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