Bill C-57

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Royal Assent

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R.S., c. F-10	Fertilizers Act
1993, c. 44, s. 155	*115. Subsections 5(2) and (3) of the Fertilizers Act* are replaced by the following:**
Regulations re North American Free Trade Agreement and WTO Agreement	(2) Without limiting the authority conferred by subsection (1), the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to fertilizers or supplements, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.
Definitions	(3) In subsection (2),
``North American Free Trade Agreement'' « Accord de libre-échange nord-américai n»	``North American Free Trade Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the North American Free Trade Agreement Implementation Act;
``WTO Agreement'' « Accord sur l'OMC »	```WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act.
R.S., c. F-ll	Financial Administration Act
	*116. The Financial Administration Act* is amended by adding the following after section 89.1:**
	Implementation of World Trade Organization Agreement
Directive	89.2 (1) Notwithstanding subsection 85(1), the Governor in Council may give a directive pursuant to subsection 89(1) to any parent Crown corporation for the purpose of implementing any provision of the WTO Agreement that pertains to that Crown corporation.
Regulations	(2) The Governor in Council may, on the recommendation of the Treasury Board and the appropriate Minister made at the request of a Crown corporation, make such regulations in relation to that corporation as the Governor in Council considers necessary for the purpose of implementing any provision of the WTO Agreement that pertains to that corporation.
Definition	(3) In subsections (1) and (2), ``WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act.
R.S., c. F-27	Food and Drugs Act
1993, c. 44, s. 158	*117. Subsections 30(3) and (4) of the Food and Drugs Act* are replaced by the following:**
Regulations re the North American Free Trade Agreement and WTO Agreement	(3) Without limiting or restricting the authority conferred by any other provisions of this Act or any Part thereof for carrying into effect the purposes and provisions of this Act or any Part thereof, the Governor in Council may make such regulations as the Governor in Council deems necessary for the purpose of implementing, in relation to drugs, Article 1711 of the North American Free Trade Agreement or paragraph 3 of Article 39 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.
Definitions	(4) In subsection (3),
``North American Free Trade Agreement « Accord de libre-échange nord-américai n »	``North American Free Trade Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the North American Free Trade Agreement Implementation Act;
``WTO Agreement'' « Accord sur l'OMC »	``WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act.
R.S., c. I-9	Industrial Design Act
1993, c. 44, s. 171	*118. (1) The portion of section 29 of the Industrial Design Act* before paragraph (a) is replaced by the following:**
Application filed in another country	29. (1) Subject to the regulations, an application for the registration of an industrial design filed in Canada by any person who has, or whose predecessor in title has, previously regularly filed an application for the registration of the same industrial design in or for a foreign country has the same force and effect as the same application would have if filed in Canada on the date on which the application for the registration of the same industrial design was first filed in or for that foreign country, if
	(2) Section 29 of the Act is amended by adding the following after subsection (1):
Definitions	(2) In this section,
``foreign country'' « pays étranger »	``foreign country''
	(a) means a country that by treaty, convention or law affords a privilege to citizens of Canada that is similar to the privilege afforded by subsection (1) with respect to the effective date of an application for the registration of an industrial design, and
	(b) includes a WTO Member;
``WTO Agreement'' « Accord sur l'OMC »	``WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act;
``WTO Member'' « membre de l'OMC »	``WTO Member'' means a Member of the World Trade Organization established by Article I of the WTO Agreement.
1991, c. 47 [c. I-11.8]	Insurance Companies Act
	*119. (1) Paragraph 38(1)(c) of the Insurance Companies Act* is repealed.**
	(2) Paragraph 38(2)(c) of the English version of the Act is replaced by the following:
	(c) with respect to any matter described in any of paragraphs (1)(d) to (f), two years.
	120. Paragraphs 168(1)(e) and (f) of the Act are replaced by the following:
	(e) a person who holds shares of the company where, by section 418 or 430, the person is prohibited from exercising the voting rights attached thereto;
	(f) a person who is an officer, director or full time employee of an entity that holds shares of the company where, by section 418 or 430, the entity is prohibited from exercising the voting rights attached thereto;
	121. (1) Paragraph 253(1)(c) of the Act is repealed.
	(2) Paragraph 253(2)(c) of the English version of the Act is replaced by the following:
	(c) with respect to any matter described in any of paragraphs (1)(d) to (f), two years.
	122. The Act is amended by adding the following before the heading ``Constraints on Ownership'' before section 407:
	INTERPRETATION
Definition of ``agent''	406.1 In this Part, ``agent'' means
	(a) in relation to Her Majesty in right of Canada or of a province, any agent of Her Majesty in either of those rights, and includes a municipal or public body empowered to perform a function of government in Canada or any entity empowered to perform a function or duty on behalf of Her Majesty in either of those rights but does not include
	(i) an official or entity performing a function or duty in connection with the administration or management of the estate or property of a natural person,
	(ii) an official or entity performing a function or duty in connection with the administration, management or investment of a fund established to provide compensation, hospitalization, medical care, annuities, pensions or similar benefits to natural persons, or moneys derived from such a fund, or
	(iii) the trustee of any trust for the administration of a fund to which Her Majesty in either of those rights contributes and of which an official or entity that is an agent of Her Majesty in either of those rights is a trustee; and
	(b) in relation to the government of a foreign country or any political subdivision thereof, a person empowered to perform a function or duty on behalf of the government of the foreign country or political subdivision, other than a function or duty in connection with the administration or management of the estate or property of a natural person.

	DIVISION II
	123. The Act is amended by adding the following after section 408:
Exception for small holdings	408.1 Notwithstanding section 408, where, as a result of a transfer or issue of shares of a class of shares of a company to a person, the total number of shares of that class registered in the securities register of the company in the name of that person
	(a) would not exceed five thousand, and
	(b) would not exceed 0.1 per cent of the outstanding shares of that class,
	the company is entitled to assume that no person is acquiring or increasing a significant interest in that class of shares of the company as a result of that issue or transfer of shares.
1993, c. 44, s. 174	124. The headings before section 426.1 and sections 426.1 and 427 of the Act are repealed.
1993, c. 44, s. 175	125. Section 429 of the Act is repealed.
	126. (1) Subsection 430(1) of the Act is repealed.
	(2) Subsections 430(3) and (4) of the Act are replaced by the following:
Transitional	(3) Subsection (2) does not apply in respect of a government or agency referred to in that subsection that, on September 27, 1990, beneficially owned shares of a former-Act company where the exercise of the voting rights attached to those shares was not prohibited under subsection 36(2) of the Canadian and British Insurance Companies Act, as that subsection read immediately prior to June 1, 1992.
Transitional	(4) Subsection (3) ceases to apply where a government or agency referred to in that subsection acquires beneficial ownership of any additional voting shares of the former-Act company in such number that the percentage of the voting rights attached to all of the voting shares of the former-Act company beneficially owned by the government or agency is greater than the percentage of the voting rights attached to all of the voting shares of the former-Act company that were beneficially owned by the government or agency on September 27, 1990.
1993, c. 44, s. 176	127. Sections 431 and 431.1 of the Act are repealed.
	128. Section 437 of the Act is repealed.
1990, c. 37 [c. I-14.6]	Integrated Circuit Topography Act
	*129. The Integrated Circuit Topography Act* is amended by adding the following after section 2:**
	HER MAJESTY
Binding on Her Majesty	2.1 This Act is binding on Her Majesty in right of Canada or a province.
	130. (1) Paragraph 4(1)(c) of the Act is amended by striking out the word ``or'' at the end of subparagraph (ii), by adding the word ``or'' at the end of subparagraph (iii) and by adding the following after subparagraph (iii):
	(iv) a national of a WTO Member.
	(2) Section 4 of the Act is amended by adding the following after subsection (4):
Definitions	(5) In this section,
``Commission er'' « commissaire »	``Commissioner'' means the Commissioner of Patents;
``WTO Agreement'' « Accord sur l'OMC »	``WTO Agreement'' has the meaning given to the word ``Agreement'' by subsection 2(1) of the World Trade Organization Agreement Implementation Act;
``WTO Member'' « membre de l'OMC »	``WTO Member'' means a Member of the World Trade Organization established by Article I of the WTO Agreement.
	131. (1) The Act is amended by adding the following after section 7:
Government may apply to use registered topography	7.1 (1) Subject to section 7.2, the Commissioner may, on application by the Government of Canada or the government of a province, authorize the public non-commercial use of a registered topography by that government.
Terms of use	(2) Subject to section 7.2, the use of the registered topography may be authorized for such purpose, for such period and on such other terms as the Commissioner considers expedient, but the Commissioner shall settle those terms in accordance with the following principles:
	(a) the scope and duration of the use shall be limited to the purpose for which the use is authorized;
	(b) the use authorized shall be non-exclusive; and
	(c) any use shall be authorized predominantly to supply the domestic market.
Notice	(3) The Commissioner shall notify the owner of the registered topography of any use of the registered topography that is authorized under this section.
Payment of remuneration	(4) Where the use of the registered topography is authorized, the authorized user shall pay to the owner of the registered topography such amount as the Commissioner considers to be adequate remuneration in the circumstances, taking into account the economic value of the authorization.
Termination of authorization	(5) The Commissioner may, on application by the owner of the registered topography and after giving all concerned parties an opportunity to be heard, terminate the authorization if the Commissioner is satisfied that the circumstances that led to the granting of the authorization have ceased to exist and are unlikely to recur, subject to such conditions as the Commissioner deems appropriate to protect the legitimate interests of the authorized user.
Authorization not transferable	(6) An authorization granted under this section is not transferable.
Prescribed uses	7.2 The Commissioner may not, under section 7.1, authorize any use that is a prescribed use unless the proposed user complies with the prescribed conditions.
Appeal	7.3 Any decision made by the Commissioner under section 7.1 or 7.2 is subject to appeal to the Federal Court under the Patent Act.
Regulations	7.4 (1) The Governor in Council may make regulations for the purpose of implementing, in relation to registered topographies, paragraph 2 of Article 37 of the Agreement on Trade-related Aspects of Intellectual Property Rights set out in Annex 1C to the WTO Agreement.
Definition of ``WTO Agreement''	(2) In subsection (1), ``WTO Agreement'' has the same meaning as in subsection 4(5).
No liability	(2) Her Majesty in right of Canada or a province is not, by reason only of the enactment of subsection (1), liable for any use of a registered topography before the day on which subsection (1) comes into force.