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CONSEQUENTIAL AMENDMENTS
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| R.S., c. 35
(4th Supp.) [c.
A-10.1]
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Air Canada Public Participation Act
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| 1993, c. 34, s.
3
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1. The portion of the definition
``non-resident'' in subsection 6(7) after
paragraph (f) is replaced by the following:
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(g) a mutual company within the
meaning of the Insurance Companies
Act, if its head office and chief place of
business are situated in Canada and at
least three quarters of its board of
directors and each committee of its
directors are Canadian citizens who are
ordinarily resident in Canada, or
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(h) a company within the meaning of that
Act that is a subsidiary of a foreign
institution within the meaning of that Act
or a foreign company within the meaning
of that Act, where the company or the
foreign company is acquiring shares to
form part of the assets of a segregated
fund maintained pursuant to section 451
or 593 of that Act that has been
established with respect to one or more
policies or amounts for the
administration of a pension fund for the
benefit of individuals a majority of whom
are residents;
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| 1991, c. 10 [c.
P-11.1]
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Petro-Canada Public Participation Act
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| 1993, c. 34, s.
101
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2. The portion of the definition
``non-resident'' in subsection 9(8) after
paragraph (f) is replaced by the following:
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(g) a mutual company within the
meaning of the Insurance Companies
Act, if its head office and chief place of
business are situated in Canada and at
least three quarters of its board of
directors and each committee of its
directors are Canadian citizens who are
ordinarily resident in Canada, or
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(h) a company within the meaning of that
Act that is a subsidiary of a foreign
institution within the meaning of that Act
or a foreign company within the meaning
of that Act, where the company or the
foreign company is acquiring shares to
form part of the assets of a segregated
fund maintained pursuant to section 451
or 593 of that Act that has been
established with respect to one or more
policies or amounts for the
administration of a pension fund for the
benefit of individuals a majority of whom
are residents;
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| R.S., c. D-1
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Defence Production Act
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3. Paragraph (b) of the definition
``royalties'' in section 2 is replaced by the
following:
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(b) claims for damages for the
infringement or use of any registered
topography within the meaning of the
Integrated Circuit Topography Act or of
any patent or registered industrial design;
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4. Section 22 is replaced by the following:
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| Relief from
claims and
proceedings
for royalties
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22. (1) The Minister may, on behalf of Her
Majesty, contract with any person that Her
Majesty will relieve that person from any
claims, actions or proceedings for the
payment of royalties for the use or
infringement of any patent, registered
industrial design or registered topography by
that person in, or for the furnishing of any
engineering or technical assistance or services
to that person for, the performance of a
defence contract.
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| Relief from
royalty
payments
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(2) A person with whom the Minister has
contracted under subsection (1) is not liable to
pay royalties under any contract, statute or
otherwise by reason of the use or infringement
of a patent, registered industrial design or
registered topography in, or in respect of
engineering or technical assistance or services
furnished for, the performance of a defence
contract and to which the contract under
subsection (1) applies.
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| Compensation
for use
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(3) A person who, but for subsection (2),
would be entitled to a royalty from another
person for the infringement or use of a patent,
registered industrial design or registered
topography or in respect of engineering or
technical assistance or services is entitled to
reasonable compensation from Her Majesty
for the infringement, use or services and, if the
Minister and that person cannot agree as to the
amount of the compensation, it shall be fixed
by the Commissioner of Patents.
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| Appeal
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(4) Any decision of the Commissioner of
Patents under subsection (3) is subject to
appeal to the Federal Court under the Patent
Act.
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| Definition of
``registered
topography''
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(5) In this section, ``registered topography''
has the same meaning as in the Integrated
Circuit Topography Act.
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| R.S., c. E-19
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Export and Import Permits Act
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5. Paragraph 5(1)(c) is repealed.
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| R.S., c. 28
(3rd Supp.) [c.
N-20.01]
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National Transportation Act, 1987
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6. (1) Subsection 27(2) is replaced by the
following:
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| Approval of
certain rules,
etc.
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(2) Subject to subsections (3) and (4), but
notwithstanding anything in any other Act of
Parliament, a rule, order or regulation that is
authorized to be made by the Agency under
this Act or any other Act of Parliament shall,
where the rule, order or regulation is directed
to more than one person or body and is made
in the exercise of a legislative power and not
in the exercise of a judicial or quasi-judicial
power of the Agency, be made only with the
approval of the Governor in Council.
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(2) Section 27 is amended by adding the
following after subsection (3):
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| Idem
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(4) The Agency may make an order under
subsection 37.1(2) of the Western Grain
Transportation Act without the approval of the
Governor in Council.
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