His Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States and to provide for certain other measures”.

This enactment implements the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.

The general provisions of the enactment set out rules of interpretation and specify that no recourse may be taken on the basis of sections 9 to 14 or any order made under those sections, or on the basis of the provisions of the Agreement, without the consent of the Attorney General of Canada.

Part 1 approves the Agreement and provides for the payment by Canada of its share of the expenses associated with the operation of the institutional and administrative aspects of the Agreement and for the power of the Governor in Council to make orders in accordance with the Agreement.

Part 2 amends certain Acts to bring them into conformity with Canada’s obligations under the Agreement and to make other modifications. In addition to making the customary amendments that are made to certain Acts when implementing such agreements, Part 2 amends

Part 3 contains consequential amendments and Part 4 contains coordinating amendments and the coming-into-force provision.

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

export allocation means an Insertion start export Insertion end allocation issued under paragraph Insertion start 6.‍2(2)‍(b) or Insertion end 6.‍3(3)‍(b); (autorisation d’exportation)

import allocation means an Insertion start import Insertion end allocation issued Insertion start under paragraph Insertion end 6.‍2(2) Insertion start (b) Insertion end ; (autorisation d’importation)

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  (a.‍1) an EU country or other CETA beneficiary,

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CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

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)

Goods imported from certain countries

(2) For the purposes of this Act, goods are imported from Insertion start one of the following countries or territories Insertion end if they are shipped directly to Canada from Insertion start that country or territory Insertion end , within the meaning of sections 17 and 18 of the Customs Tariff:

Liste : exportation contrôlée

3 (1) Le gouverneur en conseil peut dresser une liste des marchandises et des technologies dont, à son avis, il est nécessaire de contrôler l’exportation ou le transfert à l’une Insertion start ou plusieurs Insertion end des fins suivantes :

Liste des marchandises d’importation contrôlée

5 (1) Le gouverneur en conseil peut dresser la liste des marchandises d’importation contrôlée comprenant les articles dont, à son avis, il est nécessaire de contrôler l’importation pour l’une Insertion start ou plusieurs Insertion end des fins suivantes :

Exception for goods imported from certain countries

(3.‍4) An order made under subsection (3) or (3.‍2) may exclude goods of any kind imported from a country listed in Schedule Insertion start 1 Insertion end if it appears to the satisfaction of the Governor in Council, on the basis of a report under the Canadian International Trade Tribunal Act, that the quantity of those goods being imported is not a principal cause of serious injury or threat of serious injury to domestic producers of like or directly competitive goods.

Addition to Export Control List or Import Control List — Schedule 2

5.‍2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is advisable to collect information with respect to the exportation or importation of any goods in respect of which a specified quantity is eligible each year for the rate of duty provided for in Insertion start provisions, set out in column 2 of Schedule 2, of an intergovernmental arrangement set out in column 1 Insertion end , the Governor in Council may, by order and without reference to that quantity, include those goods on the Export Control List or the Import Control List, or on both, in order to facilitate the collection of that information.

Addition to Import Control List — Schedule 3

(2) If at any time it appears to the satisfaction of the Governor in Council that, for the purposes of implementing Insertion start an intergovernmental arrangement set out column 1 of Schedule 3 Insertion end , it is advisable to collect information with respect to the importation of any goods listed in Insertion start the provisions of that arrangement set out in column 2 Insertion end , the Governor in Council may, by order, include those goods on the Import Control List in order to facilitate the collection of that information.

Import Insertion start or Export Insertion end Access

Determination of quantities — export

(1.‍1) If any goods, other than softwood lumber products to which section 6.‍3 applies, have been included on the Export Control List under paragraph 3(1)‍(d), for the purpose of implementing CETA, or under paragraph 3(1)‍(f), the Minister may determine export access quantities, or the basis for calculating them, for the purposes of subsection (2), 7(1) or (1.‍1) or section 8.‍31.

Allocation method

(2)  Insertion start If Insertion end the Minister has determined a quantity of goods under subsection (1) Insertion start or (1.‍1) Insertion end , the Minister may

• (b) issue an Insertion start import Insertion end allocation Insertion start or an export allocation, as the case may be Insertion end , to any resident of Canada who applies for the allocation, subject to the regulations and any terms and conditions the Minister may specify in the allocation.

Transfer of allocation

(3) The Minister may consent to the transfer of an import allocation Insertion start or an export allocation Insertion end from one resident of Canada to another.

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.

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Minister may issue certificate — Schedule 4

9.‍1 The Minister may, for the purpose of implementing an intergovernmental arrangement with a country Insertion start 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 — Insertion end respecting the administration of Insertion start the provisions set out in column 2 Insertion end , issue a certificate with respect to an exportation of goods to Insertion start that Insertion end country Insertion start or territory Insertion end stating the specific quantity of those goods that, on importation into the country Insertion start or territory Insertion end , is eligible for the rate of duty provided for in Insertion start the provisions set out in column 3 Insertion end .

Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.

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  (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.

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Conditions under which exports exempt

37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

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  (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;

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• Insertion start (c) Insertion end  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

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  (d) the packaged food, drug, cosmetic or device meets any other prescribed requirement.

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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.

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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.

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 Insertion start or use Insertion end in Canada, unless the regulations provide otherwise.

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)

• (f.‍1) the importation of bulk spirits into a province from a country Insertion start or territory Insertion end listed in column 1 of the schedule by a licensed distiller for the purpose of being packaged by the distiller, if the spirits

country includes a Insertion start WTO Insertion end Member, as defined in subsection 2(1) of the World Trade Organization Agreement Implementation Act; (pays)

legal representatives includes heirs, executors, administrators Insertion start of the estate, liquidators of the succession Insertion end , guardians, curators, tutors, Insertion start transferees Insertion end and all other persons claiming through applicants for patents and patentees of inventions Insertion start or through holders of certificates of supplementary protection Insertion end ; (représentants légaux)

regulation includes a rule or form; (règlement)

rule includes a regulation or form; (règle)

certificate of supplementary protection means a certificate issued by the Minister of Health under section 113; (certificat de protection supplémentaire)

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)

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, Insertion start certificate of supplementary protection or right to such a certificate Insertion end , or any interest Insertion start in any of them Insertion end , and every purchase, sale, acquisition or transfer of any Insertion start of them Insertion end , or Insertion start of Insertion end any interest Insertion start in any of them, Insertion end made by or to Insertion start such an Insertion end officer or employee is void Insertion start or, in Quebec, null Insertion end .

• a)  Insertion start régir Insertion end la forme et le contenu des demandes de brevet;

• g)  Insertion start régir Insertion end 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;

• (j.‍8) authorizing the Commissioner to extend, subject to any prescribed terms and conditions, the time fixed by or under this Act Insertion start in respect of any business before the Patent Office Insertion end for doing anything where the Commissioner is satisfied that the circumstances justify the extension;

Annual report

26 The Commissioner shall, in each year, cause to be prepared and laid before Insertion start each House of Insertion end Parliament a report of the Insertion start Commissioner’s activities Insertion end under this Act.

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.

Effet du nouveau brevet

(2)  Insertion start L’ Insertion end abandon Insertion start visé au paragraphe (1) Insertion end 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.

Regulations

(4) The Governor in Council may make regulations Insertion start respecting Insertion end the infringement of Insertion start any Insertion end patent Insertion start that, directly or indirectly, could result or results from the making, construction, use or sale of Insertion end 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 Insertion start any Insertion end 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 Insertion start day Insertion end on which Insertion start such a Insertion end document Insertion start may be issued to a person and the earliest day on which it Insertion end may take effect, and respecting the manner in which Insertion start each day Insertion end is to be determined;

• (c)  Insertion start respecting Insertion end the Insertion start issuance, suspension or revocation of such a Insertion end document in circumstances where, directly or indirectly, the Insertion start document’s issuance could Insertion end result or results in the infringement of a patent;

• (d)  Insertion start respecting the prevention and Insertion end resolution of disputes Insertion start with respect Insertion end to the day on which Insertion start such a Insertion end document may be issued or take effect;

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  (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;

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• (g) conferring rights of action with respect to disputes Insertion start referred to in any of paragraphs (d) to (f) Insertion end ;

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  (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;

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• (j) respecting Insertion start such proceedings, including Insertion end the procedure of the court in the matter, Insertion start the defences that may be pleaded Insertion end , the remedies that may be sought, Insertion start the joinder of parties and of rights of action and the consolidation of other proceedings Insertion end , the decisions and orders Insertion start the court Insertion end may make Insertion start and any appeals from those decisions Insertion end and Insertion start orders; Insertion end and

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  (k) specifying who may be an interested person for the purposes of subsection 60(1) with respect to disputes referred to in paragraph (e).

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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, Insertion start the Commissioner Insertion end 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 Insertion start both Insertion end

• Insertion start (a) Insertion end  in the Canada Gazette; and

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  (b) on the website of the Canadian Intellectual Property Office or in any other prescribed location.

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Offences

75  Insertion start (1) Insertion end  Every person is guilty of an indictable offence and Insertion start is Insertion end liable to a fine Insertion start of Insertion end not Insertion start more Insertion end than $200 or to imprisonment for a term Insertion start of Insertion end not Insertion start more than Insertion end three months, or to both, who

• (a) without the consent of the patentee, marks Insertion start in any way Insertion end on anything made or sold by Insertion start the person Insertion end , and for the sole making or selling of which Insertion start they are Insertion end not the patentee, the name or any imitation of the name of any patentee for the sole making or selling of that thing;

• (b) without the consent of the patentee, marks Insertion start in any way Insertion end on anything not purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or King’s) Patent”, “Patented” or any word or words Insertion start with a similar meaning Insertion end , with the intent of counterfeiting or imitating the stamp, mark or device of the patentee, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with the Insertion start patentee’s Insertion end consent; or

• (c) with intent to deceive the public, offers for sale as patented in Canada any article Insertion start that is neither Insertion end patented in Canada Insertion start nor protected by a certificate of supplementary protection in Canada Insertion end .

Certificate of supplementary protection

(2) Every person is guilty of an indictable offence and is liable to a fine of not more than $200 or to imprisonment for a term of not more than three months, or to both, who

• (a) during the term of a certificate of supplementary protection, without the consent of the certificate’s holder, marks in any way on anything made or sold by the person, and for the sole making or selling of which they are not the holder of a certificate of supplementary protection, the name or any imitation of the name of any holder of a certificate of supplementary protection for the sole making or selling of that thing;

• (b) after a certificate of supplementary protection has been issued and before the end of its term, without the consent of the certificate’s holder, marks in any way on anything not purchased from that holder the words “Certificate of Supplementary Protection”, “Protected by a Certificate of Supplementary Protection” or any words with a similar meaning, with the intent of counterfeiting or imitating that holder’s stamp, mark or device, or of deceiving the public and inducing them to believe that the thing in question was made or sold by or with that holder’s consent; or

• (c) with the intent to deceive the public, offers for sale as protected by a certificate of supplementary protection in Canada any article that

  • (i) is neither patented in Canada nor protected by a certificate of supplementary protection in Canada, or

  • (ii) is patented in Canada but for which no certificate of supplementary protection has been issued.

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Time limit deemed extended

78 (1)  Insertion start If Insertion end any time limit or period of limitation specified under this Act, Insertion start in respect of any business before the Patent Office Insertion end , expires on a day when the Patent Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when the Patent Office is open for business.

Patented Insertion start or Protected Insertion end Medicines

breveté ou titulaire d’un brevet La personne ayant pour le moment droit à l’avantage d’un brevet pour une invention liée à un médicament, ainsi que quiconque Insertion start peut exercer tout droit Insertion end d’un titulaire dans un cadre autre qu’une licence prorogée en vertu du paragraphe 11(1) de la Loi de 1992 modifiant la Loi sur les brevets. (patent­ee)

medicine includes a drug, as defined in section 104, and a medicinal ingredient; (médicament)

rights holder means, in respect of an invention pertaining to a medicine, a patentee and the person for the time being entitled to the benefit of a certificate of supplementary protection for that invention, and includes, if any other person is entitled to exercise rights in relation to the certificate, that other person in respect of those rights; (titulaire de droits)

Pricing information, etc.‍, required by regulations

80 (1) A Insertion start rights holder for Insertion end an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with Insertion start the Insertion end information and documents Insertion start that Insertion end the regulations may specify respecting

• (c) the costs of making and marketing the medicine, Insertion start if Insertion end that information is available to the Insertion start rights holder Insertion end in Canada or is within the knowledge or control of the Insertion start rights holder Insertion end ;

Former rights holder

(2) Subject to subsection (3), a person who is a former Insertion start rights holder for Insertion end an invention pertaining to a medicine shall, as required by and in accordance with the regulations, provide the Board with Insertion start the Insertion end information and documents Insertion start that Insertion end the regulations may specify respecting

• (b) the price at which the medicine was sold in any market in Canada and elsewhere during the period in which the person was a Insertion start rights holder for Insertion end the invention;

• (c) the costs of making and marketing the medicine produced during that period, whether incurred before or after the patent was issued Insertion start or the certificate of supplementary protection took effect, if Insertion end that information is available to the person in Canada or is within the knowledge or control of the person;

Limitation

(3) Subsection (2) does not apply to a person who has not, for a period of three or more years, been entitled to the benefit of the patent Insertion start or certificate of supplementary protection, as the case may be Insertion end , or to exercise any rights in relation to Insertion start the patent or certificate Insertion end .

Pricing information, etc. required by Board

81 (1) The Board may, by order, require a Insertion start rights holder Insertion end or former Insertion start rights holder for Insertion end an invention pertaining to a medicine to provide the Board with information and documents respecting

• (a) in the case of a Insertion start rights holder Insertion end , any of the matters referred to in paragraphs 80(1)‍(a) to (e);

• (b) in the case of a former Insertion start rights holder Insertion end , any of the matters referred to in paragraphs 80(2)‍(a) to (e); and

• (c)  Insertion start any Insertion end other related matters Insertion start that Insertion end the Board may require.

Compliance with order

(2) A Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end in respect of whom an order is made under subsection (1) shall comply with the order within Insertion start the Insertion end time Insertion start that Insertion end is specified in the order or as the Board may allow.

Limitation

(3) No order may be made under subsection (1) in respect of a former Insertion start rights holder Insertion end who, more than three years before the day on which the order is proposed to be made, ceased to be entitled to the benefit of the patent Insertion start or certificate of supplementary protection, as the case may be, Insertion end or to exercise any rights in relation to Insertion start the patent or certificate Insertion end .

Notice of introductory price

82 (1) A Insertion start rights holder for Insertion end an invention pertaining to a medicine who intends to sell the medicine in a market in Canada in which it has not previously been sold shall, as soon as practicable after determining the date on which the medicine will be first offered for sale in that market, notify the Board of its intention and of that date.

Pricing information and documents

(2)  Insertion start If Insertion end the Board receives a notice under subsection (1) from a Insertion start rights holder Insertion end or otherwise has reason to believe that a Insertion start rights holder for Insertion end an invention pertaining to a medicine intends to sell the medicine in a market in Canada in which the medicine has not previously been sold, the Board may, by order, require the Insertion start rights holder Insertion end to provide the Board with information and documents respecting the price at which the medicine is intended to be sold in that market.

Compliance with order

(3) Subject to subsection (4), a Insertion start rights holder Insertion end in respect of whom an order is made under subsection (2) shall comply with the order within Insertion start the Insertion end time Insertion start that Insertion end is specified in the order or as the Board may allow.

Limitation

(4) No Insertion start rights holder Insertion end shall be required to comply with an order made under subsection (2) prior to the 60th day preceding the date on which the Insertion start rights holder Insertion end intends to first offer the medicine for sale in the relevant market.

Order re excessive prices

83 (1)  Insertion start If Insertion end the Board finds that a Insertion start rights holder for Insertion end an invention pertaining to a medicine is selling the medicine in any market in Canada at a price that, in the Board’s opinion, is excessive, the Board may, by order, direct the Insertion start rights holder Insertion end to cause the maximum price at which the Insertion start rights holder Insertion end sells the medicine in that market to be reduced to Insertion start the Insertion end level Insertion start that Insertion end the Board considers not to be excessive and Insertion start that Insertion end is specified in the order.

Order re excessive prices

(2) Subject to subsection (4), Insertion start if Insertion end the Board finds that a Insertion start rights holder for Insertion end an invention pertaining to a medicine has, while a Insertion start rights holder Insertion end , sold the medicine in any market in Canada at a price that, in the Board’s opinion, was excessive, the Board may, by order, direct the Insertion start rights holder Insertion end to do any one or more of the following things Insertion start that Insertion end will, in the Board’s opinion, offset the amount of the excess revenues estimated by it to have been derived by the Insertion start rights holder Insertion end from the sale of the medicine at an excessive price:

• (a) reduce the price at which the Insertion start rights holder Insertion end sells the medicine in any market in Canada, to Insertion start the Insertion end extent and for Insertion start the Insertion end period Insertion start that are Insertion end specified in the order;

• (b) to Insertion start the Insertion end extent and for Insertion start the Insertion end period Insertion start that are Insertion end specified in the order, reduce the price at which the Insertion start rights holder Insertion end sells, in any market in Canada, Insertion start any Insertion end other medicine to which a patented invention, Insertion start or invention protected by a certificate of supplementary protection Insertion end , of the Insertion start rights holder Insertion end pertains;

• (c) pay to Her Majesty in right of Canada an amount Insertion start that is Insertion end specified in the order.

Order re excessive prices

(3) Subject to subsection (4), Insertion start if Insertion end the Board finds that a former Insertion start rights holder for Insertion end an invention pertaining to a medicine had, while a Insertion start rights holder Insertion end , sold the medicine in any market in Canada at a price that, in the Board’s opinion, was excessive, the Board may, by order, direct the former Insertion start rights holder Insertion end to do any one or more of the following things Insertion start that Insertion end will, in the Board’s opinion, offset the amount of the excess revenues estimated by it to have been derived by the former Insertion start rights holder Insertion end from the sale of the medicine at an excessive price:

• (a) to Insertion start the Insertion end extent and for Insertion start the Insertion end period Insertion start that are Insertion end specified in the order, reduce the price at which the former Insertion start rights holder Insertion end sells, in any market in Canada, a medicine to which a patented invention, Insertion start or invention protected by a certificate of supplementary protection Insertion end , of the former Insertion start rights holder Insertion end pertains; or

• (b) pay to Her Majesty in right of Canada an amount Insertion start that is Insertion end specified in the order.

If policy to sell at excessive price

(4)  Insertion start If Insertion end the Board, having regard to the extent and duration of the sales of the medicine at an excessive price, is of the opinion that the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end has engaged in a policy of selling the medicine at an excessive price, the Board may, by order, in lieu of any order it may make under subsection (2) or (3), as the case may be, direct the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end to do any one or more of the things referred to in that subsection Insertion start that Insertion end will, in the Board’s opinion, offset not more than twice the amount of the excess revenues estimated by it to have been derived by the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end from the sale of the medicine at an excessive price.

Excess revenues

(5) In estimating the amount of excess revenues under subsection (2), (3) or (4), the Board shall not consider any revenues derived by a Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end before December 20, 1991 or any revenues derived by a former Insertion start rights holder Insertion end after they ceased to be entitled to the benefit of the patent Insertion start or certificate of supplementary protection, as the case may be Insertion end , or to exercise any rights in relation to Insertion start the patent or certificate Insertion end .

Right to hearing

(6) Before the Board makes an order under this section, it shall provide the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end with a reasonable opportunity to be heard.

Limitation period

(7) No order may be made under this section in respect of a former Insertion start rights holder Insertion end who, more than three years before the day on which the proceedings in the matter commenced, ceased to be entitled to the benefit of the patent Insertion start or certificate of supplementary protection, as the case may be, Insertion end or to exercise any rights in relation to Insertion start the patent or certificate Insertion end .

Compliance

84 (1) A Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end who is required by any order made under section 83 to reduce the price of a medicine shall commence compliance with the order within one month after the date of the order or within Insertion start a Insertion end greater period after that date Insertion start that Insertion end the Board determines is practical and reasonable, having regard to the circumstances of the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end .

Compliance

(2) A Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end who is directed by any order made under section 83 to pay an amount to Her Majesty shall pay that amount within one month after the date of the order or within Insertion start a Insertion end greater period after that date Insertion start that Insertion end the Board determines is practical and reasonable, having regard to the circumstances of the Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end .

Debt due to Her Majesty

(3) An amount payable by a Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end to Her Majesty under any order made under section 83 constitutes a debt due to Her Majesty and may be recovered in any court of competent jurisdiction.

Research costs

(3) In determining under section 83 whether a medicine is being or has been sold in any market in Canada at an excessive price, the Board shall not take into consideration research costs other than the Canadian portion of the world costs related to the research that led to the invention pertaining to that medicine or to the development and commercialization of that invention, calculated in proportion to the ratio of sales by the Insertion start rights holder Insertion end in Canada of that medicine to total world sales.

Sales and expense information, etc.‍, to be provided

88 (1) A Insertion start rights holder for Insertion end an invention pertaining to a medicine shall, as required by and in accordance with the regulations, or as the Board may, by order, require, provide the Board with Insertion start the Insertion end information and documents Insertion start that Insertion end the regulations or the order may specify respecting

• (a) the identity of the licensees in Canada of the Insertion start rights holder Insertion end ;

• (b) the revenue of the Insertion start rights holder Insertion end , and details of the source of the revenue, whether direct or indirect, from sales of medicine in Canada; and

• (c) the expenditures made by the Insertion start rights holder Insertion end in Canada on research and development relating to medicine.

Additional information

(2)  Insertion start If Insertion end the Board believes on reasonable grounds that any person has information or documents pertaining to the value of sales of medicine in Canada by a Insertion start rights holder Insertion end or the expenditures made by a Insertion start rights holder Insertion end in Canada on research and development relating to medicine, the Board may, by order, require the person to provide the Board with any of the information or documents that are specified in the order, or with copies Insertion start of them Insertion end .

Report

89 (1) The Board shall in each year submit to the Minister a report setting out

• (a) the Board’s estimate of the proportion, as a percentage, that the expenditures of each Insertion start rights holder Insertion end in Canada in the preceding year on research and development relating to medicine is of the revenues of those Insertion start rights holders Insertion end from sales of medicine in Canada in that year; and

• (b) the Board’s estimate of the proportion, as a percentage, that the total of the expenditures of Insertion start rights holders Insertion end in Canada in the preceding year on research and development relating to medicine is of the total of the revenues of those Insertion start rights holders Insertion end from sales of medicine in Canada in that year.

Exception

(3) The Board shall, in the report, identify the Insertion start rights holders Insertion end in respect of whom an estimate referred to in subsection (1) is given in the report, and may, in the report, identify any person who has failed to comply with subsection 88(1) or (2) at any time in the year in respect of which the report is made.

Guidelines

(4) Subject to subsection (5), the Board may issue guidelines with respect to any matter within its jurisdiction but such guidelines are not binding on the Board or any Insertion start rights holder or former rights holder Insertion end .

Contents

(2) The report shall contain

• (a) a summary of pricing trends in the pharmaceutical industry; and

• (b) the name of each Insertion start rights holder and former rights holder Insertion end in respect of whom an order was made under subsection Insertion start 81(1) or 82(2) or section 83 Insertion end during the year and a statement as to the status of the matter in respect of which the order was made.

Report summary

(3) The summary referred to in paragraph (2)‍(a) may be based on information and documents provided to the Board by any Insertion start rights holder or former rights holder Insertion end under section 80, 81 or 82 or in any proceeding under section 83, but shall not be set out in a manner that would make it possible to identify that Insertion start rights holder or former rights holder Insertion end .

• (d) specifying factors for the purposes of subsection 85(1) or (2), including factors relating to the introductory price of any medicine to which a patented invention, Insertion start or invention protected by a certificate of supplementary protection Insertion end , pertains;

• (h) requiring or authorizing the Board to perform Insertion start the Insertion end duties, in addition to those provided for in this Act, Insertion start that Insertion end are specified in the regulations, including duties to be performed by the Board in relation to the introductory price of any medicine to which a patented invention, Insertion start or invention protected by a certificate of supplementary protection Insertion end , pertains; and

Agreements with provinces

103 The Minister may enter into agreements with any province respecting the distribution of, and may pay to that province out of the Consolidated Revenue Fund, amounts received or collected by the Receiver General under section 83 or 84 or in respect of an undertaking given by a Insertion start rights holder Insertion end or former Insertion start rights holder Insertion end that is accepted by the Board in lieu of holding a hearing or making an order under section 83, less any costs incurred in relation to the collection and distribution of those amounts.

Supplementary Protection for Inventions — Medicinal Ingredients

Interpretation

104 The following definitions apply in this section and in sections 105 to 134.

authorization for sale has the meaning assigned by regulations.‍ (autorisation de mise en marché)

drug means a substance or a mixture of substances manufactured, sold or represented for use in

• (a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or abnormal physical state, or its symptoms, in human beings or animals; or

• (b) restoring, correcting or modifying organic functions in human beings or animals.‍ (drogue)

Minister means the Minister of Health.‍ (ministre)

105 (1) For the purposes of this section and sections 106 to 134, if a patent is reissued under section 47, it is deemed to have been granted on the day on which the original patent was granted and its application filing date is deemed to be the day on which the application for the original patent was filed.

(2) For the purposes of this section and sections 106 to 134, a medicinal ingredient or combination of medicinal ingredients contained in a drug authorized for human use and a medicinal ingredient or combination of medicinal ingredients contained in a drug authorized for veterinary use are to be treated as different medicinal ingredients or different combinations of medicinal ingredients, as the case may be.

(3) If medicinal ingredients contained in drugs authorized for human use differ from each other only with respect to a prescribed variation, they are to be treated as the same medicinal ingredient for the purposes of this section and sections 106 to 134.

(4) If medicinal ingredients contained in drugs authorized for veterinary use differ from each other only with respect to a prescribed variation, they are to be treated as the same medicinal ingredient for the purposes of this section and sections 106 to 134.

(5) If combinations of medicinal ingredients contained in drugs authorized for human use differ from each other only with respect to a variation in the ratio between those ingredients, they are to be treated as the same combination of medicinal ingredients for the purposes of this section and sections 106 to 134.

(6) If combinations of medicinal ingredients contained in drugs authorized for veterinary use differ from each other only with respect to a variation in the ratio between those ingredients, they are to be treated as the same combination of medicinal ingredients for the purposes of this section and sections 106 to 134.

Application for Certificate of Supplementary Protection

106 (1) On the payment of the prescribed fee, a patentee may apply to the Minister for a certificate of supplementary protection for a patented invention if all of the following conditions are met:

• (a) the patent is not void and it meets any prescribed requirements;

• (b) the filing date for the application for the patent is on or after October 1, 1989;

• (c) the patent pertains in the prescribed manner to a medicinal ingredient, or combination of medicinal ingredients, contained in a drug for which an authorization for sale of the prescribed kind was issued on or after the prescribed day;

• (d) the authorization for sale is the first authorization for sale that has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

• (e) no other certificate of supplementary protection has been issued with respect to the medicinal ingredient or the combination of medicinal ingredients, as the case may be;

• (f) if an application for a marketing approval, equivalent to an authorization for sale, was submitted in a prescribed country with respect to the medicinal ingredient or combination of medicinal ingredients, as the case may be, before the application for the authorization for sale was filed with the Minister, the application for the authorization for sale was filed before the end of the prescribed period that begins on the day on which the first such application for a marketing approval was submitted.

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(2) Another certificate of supplementary protection is considered to have been issued for the purposes of paragraph (1)‍(e) even if that other certificate is subsequently held to be invalid or void or it never takes effect or ceases to have effect.

(3) An application for a certificate of supplementary protection shall be filed with the Minister before the end of the prescribed period that begins on

• (a) the day on which the authorization for sale is issued, if the patent is granted on or before that day; or

• (b) the day on which the patent is granted, if the patent is granted after the day on which the authorization for sale is issued.

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(4) Despite subsection (3), no application shall be filed within the prescribed period preceding the expiry of the term of the patent under section 44 without taking into account section 46.

(5) An application for a certificate of supplementary protection shall

• (a) set out the number, as recorded in the Patent Office, of the patent — as well as the medicinal ingredient or combination of medicinal ingredients and the number of the authorization for sale — in relation to which the certificate is sought;

• (b) if paragraph (1)‍(f) applies with respect to the application, specify the day on which the first application for a marketing approval that is equivalent to an authorization for sale was made and the country in which that application was made; and

• (c) set out any prescribed information.

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(6) Each application is permitted to set out only one patent.

107 (1) An applicant shall provide the Minister with any additional information that the Minister considers necessary.

(2) Whenever the Minister is satisfied that any of the requirements set out in section 106 are not met with respect to an application for a certificate of supplementary protection, the Minister may refuse the application. The Minister shall notify the applicant of a refusal and of the grounds for it.

108 (1) Subsections (2) to (4) apply in determining the priority of applications for a certificate of supplementary protection that set out the same authorization for sale.

(2) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has the same priority as every other such application.

(3) An application setting out a patent that was granted on or before the day on which the authorization for sale was issued has priority over an application setting out a patent that is granted after that date.

(4) Priority among applications setting out patents that were granted after the day on which the authorization for sale was issued is established according to the date on which the patent was granted, with an earlier date having priority over a later date and patents granted on the same date having the same priority.

109 If two or more pending applications set out the same authorization for sale and have the same priority, the Minister shall provide each applicant with a written notice setting out the name and contact information of all the applicants, as well as the number, as recorded in the Patent Office, of the patent set out in each application.

110 (1) A pending application for a certificate of supplementary protection may be declared invalid or void by the Federal Court for non-compliance with section 106 at the instance of another applicant whose application for a certificate sets out the same authorization for sale and the same priority.

(2) A proceeding to obtain a declaration under subsection (1) shall be commenced before the end of the prescribed period that begins on the day that is specified by the Minister in the written notice sent under section 109.

(3) Anyone who commences such a proceeding, or an appeal or application for leave to appeal with respect to such a proceeding, shall provide the Minister with a copy of

• (a) any document that commences the proceeding, appeal or application, immediately after the document is filed with the court; and

• (b) any document that marks the end of the proceeding, appeal or application, immediately after the document is issued by or filed with the court.

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111 (1) If two or more applications that set out the same authorization for sale and have the same priority are still pending at the end of the prescribed period that begins on the day specified in the written notice sent under section 109, all of those applications expire at that end of that period. However, if any proceedings are brought under section 110 with respect to any of the pending applications, all of those applications expire at the end of the prescribed period that begins on the day on which the last of any of the proceedings to be completed is finally disposed of.

(2) A pending application that sets out the same authorization for sale as another application of higher priority expires on the day on which the Minister issues a certificate of supplementary protection in respect of that other application.

112 An applicant for a certificate of supplementary protection may withdraw their application in accordance with the regulations.

Certificate of Supplementary Protection

113 The Minister shall issue, to the patentee, a certificate of supplementary protection for the patented invention set out in the patentee’s application if, on the day of issuance,

• (a) the Minister is satisfied that all requirements set out in section 106 are met;

• (b) the applicable period referred to in subsection 106(3) for filing the application has ended;

• (c) there is no other pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application; and

• (d) any court proceedings, brought under section 110 with respect to the application or to another pending application that sets out the same authorization for sale and that has priority over, or the same priority as, the application, have been finally disposed of.

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114 A certificate of supplementary protection shall set out

• (a) the number, as recorded in the Patent Office, of the patent set out in the application;

• (b) the medicinal ingredient or combination of medicinal ingredients set out in the application;

• (c) a statement as to whether the certificate relates to use in humans or to veterinary use;

• (d) the number of the authorization for sale set out in the application; and

• (e) the day on which the certificate’s term begins and the day on which the term ends, as determined under section 116.

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115 (1) The issuance of a certificate of supplementary protection grants the certificate’s holder and their legal representatives, during the certificate’s term, the same rights, privileges and liberties that are granted by the patent set out in the certificate, but only with respect to the making, constructing, using and selling of any drug that contains the medicinal ingredient, or combination of medicinal ingredients, set out in the certificate, by itself or in addition to any other medicinal ingredient.

(2) Despite subsection (1), it is not an infringement of the certificate of supplementary protection for any person to make, construct, use or sell the medicinal ingredient or combination of medicinal ingredients for the purpose of export from Canada.

116 (1) After the certificate is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the holder and the holder’s legal representatives for its term.

(2) A certificate of supplementary protection takes effect on the expiry of the term under section 44, without taking into account section 46, of the patent set out in the certificate, but the certificate takes effect only if the patent remains valid until, and not void before, the expiry of that term.

(3) The certificate’s term is calculated by subtracting five years from the period beginning on the filing date of the application for the patent and ending on the day on which the authorization for sale set out in the certificate is issued, but in any event is for a maximum of two years.

(4) Despite subsection (3), if the person to whom the authorization for sale set out in the certificate is issued is also the patentee, the Minister may, if he or she is of the opinion that that person’s failure to act resulted in a period of unjustified delay in the process of obtaining the authorization for sale, reduce the term of the certificate when issuing it by the amount of that period.

(5) A certificate of supplementary protection that has been issued never takes effect if the calculation of its term, including any reduction under subsection (3), produces a result of zero or a negative value.

117 The Minister shall revoke a certificate of supplementary protection in the prescribed circumstances.

Transfer

118 (1) A certificate of supplementary protection, or an application for one, is not transferable other than by the transfer of the patent, or part of the patent, that is set out in the certificate or application.

(2) If the whole of the patent is transferred, the certificate or application is transferred accordingly.

(3) If part of the patent is transferred, any part of the certificate or application — including, as the case may be, the whole of it — that corresponds to the transferred part of the patent is transferred accordingly.

(4) For greater certainty, the transfer of part of an application for a certificate of supplementary protection does not result in its division into more than one application.

Administrative Matters

119 Applications, fees and documents relating to certificates of supplementary protection shall be submitted to the Minister.

120 (1) The Minister shall ensure that the prescribed contents of all certificates of supplementary protection and applications for a certificate are made available for public inspection under the conditions that may be prescribed.

(2) Subsection (1) does not apply with respect to the contents of applications for a certificate that are refused, declared invalid or void, expired or withdrawn.

121 The Minister may issue a certified copy of a certificate of supplementary protection to replace one that is lost or destroyed.

122 (1) If a patent set out in a certificate of supplementary protection or in a pending application for such a certificate is surrendered, and a new patent is issued, under section 47, the holder of the certificate or the applicant shall, before the end of the prescribed period that begins on the day on which the new patent is issued, provide the Minister with written notice of the number, as recorded in the Patent Office, of the new patent to which the certificate or application relates.

(2) If more than one new patent is issued under section 47, the holder of the certificate or the applicant shall provide the number for only one of the new patents.

(3) If notice is provided under subsection (1) by a holder of a certificate, the Minister shall issue a new certificate of supplementary protection, setting out the new patent number, to replace the original certificate. The new certificate’s term is the then unexpired term of the original certificate.

(4) The new certificate is deemed to have been issued on the day on which the new patent is issued. The original certificate and the new certificate have the same effect in law, in any action commenced after the issuance of the new certificate for any cause accruing after that issuance, as if the new patent had been set out in the original certificate; however, insofar as the claims of the new patent and the original patent are identical, the issuance of the new certificate does not affect any action pending at the time of the issuance of the new certificate or abate any cause of action that existed at that time and the new certificate constitutes a continuation of the original certificate and has effect accordingly.

(5) If notice is provided under subsection (1) by an applicant for a pending application, the Minister shall

• (a) amend the application to set out the new patent number; and

• (b) provide written notice of the amendment to any other applicant referred to in section 109 with respect to the application.

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(6) The amended application has the same effect, for the purposes of sections 106 to 113, as if the pending application had been originally filed in its amended form.

Use of Certificates of Supplementary Protection by Government

123 Sections 19 to 19.‍2 apply with respect to certificates of supplementary protection, with

• (a) any reference to “patented invention” to be read, with any grammatical adaptations, as a reference to “invention protected by a certificate of supplementary protection”; and

• (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”.

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Infringement and Impeachment

124 (1) An action for the infringement of a certificate of supplementary protection may be brought in the same manner as an action for the infringement of a patent, and the following provisions apply to the action:

• (a) sections 54, 57 and 59, with any reference to “patent” to be read as a reference to “certificate of supplementary protection”;

• (b) subsection 55(1), and subsection 55(3) as it applies to that subsection (1), with any reference to “patent” to be read as a reference to “certificate of supplementary protection”, any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection” and any reference to “grant” to be read as a reference to “taking of effect”;

• (c) section 55.‍01;

• (d) section 55.‍1, with any reference to “patent” to be read as a reference to “certificate of supplementary protection” and any reference to “patented process” to be read as a reference to “process protected by the certificate of supplementary protection”;

• (e) subsections 55.‍2(1) and (6), with any reference to “patent” to be read as a reference to “certificate of supplementary protection” and any reference to “patented invention” to be read as a reference to “invention protected by the certificate of supplementary protection”;

• (f) subsection 56(1), with any reference to “patentee” to be read as a reference to “holder of a certificate of supplementary protection that sets out that patent”;

• (g) section 58, with the reference to “a patent that contains two or more claims” to be read as a reference to a “two or more claims in a patent that is set out in a certificate of supplementary protection” and with the reference to “the patent as if it” to be read as a reference to “the certificate as if the patent set out in it”.

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(2) The Governor in Council may make regulations respecting the infringement of any certificate of supplementary protection that, directly or indirectly, could result or results from the making, construction, use or sale of a patented invention or invention protected by a certificate of supplementary protection in accordance with subsection 55.‍2(1), including regulations described in paragraphs 55.‍2(4)‍(a) to (k), with

• (a) any reference in those paragraphs to a “patent” to be read as a reference to a “certificate of supplementary protection”; and

• (b) the reference in paragraph 55.‍2(4)‍(k) to “subsection 60(1)” to be read as a reference to “subsection 125(1)”.

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(3) In the event of an inconsistency or conflict between regulations made under subsection (2) and any Act of Parliament or regulations made under such an Act, the regulations made under subsection (2) prevail to the extent of the inconsistency or conflict.

125 (1) A certificate of supplementary protection, or any claim in the patent set out in such a certificate, may be declared invalid or void — including on the basis that the certificate was issued despite non-compliance with any of the requirements, as they existed at the time that the certificate was issued, of subsection 106(1) or that the patent set out in the certificate no longer complies with the requirements, as they existed at that time, set out in paragraph 106(1)‍(c) — by the Federal Court at the instance of the Attorney General of Canada or any interested person.

(2) Subsections 60(2) and (3) apply with respect to a certificate of supplementary protection, with any reference to “patentee” to be read as a reference to “holder of a certificate of supplementary protection” and any reference to “patent” to be read as a reference to “certificate of supplementary protection”.

126 Every judgment voiding a certificate of supplementary protection or any claim in the patent set out in such a certificate, and every judgment refusing to do so, is subject to appeal to any court having appellate jurisdiction in other cases decided by the court by which the judgment was rendered.

Abuse of Rights

127 (1) The Commissioner may, in respect of application under section 65, exercise any of the powers under any of paragraphs 66(1)‍(a), (d) and (e) with respect to an issued certificate of supplementary protection if he or she is satisfied that a case of abuse of the exclusive rights under the patent that is set out in the certificate has been established.

(2) The Attorney General of Canada or an interested person may, at any time after a certificate of supplementary protection takes effect and after the expiry of three years from the date of the grant of the patent set out in the certificate, apply to the Commissioner alleging that there has been an abuse of the exclusive rights granted under a certificate of supplementary protection issued with respect to that patent and asking for relief under this Act.

(3) The exclusive rights under a certificate of supplementary protection are abused in any of the following circumstances:

• (a) the demand in Canada for a drug that contains the medicinal ingredient or a combination of the medicinal ingredients set out in the certificate is not being met to an adequate extent and on reasonable terms;

• (b) by reason of the refusal of the certificate’s holder to grant a licence or licences on reasonable terms, the trade or industry of Canada or the trade of any person or class of persons trading in Canada, or the establishment of any new trade or industry in Canada, is prejudiced, and it is in the public interest that a licence or licences should be granted;

• (c) any trade or industry in Canada, or any person or class of persons engaged in such a trade or industry, is unfairly prejudiced by the conditions attached by the certificate’s holder to the purchase, hire, licence, use or working of the invention protected by the certificate.

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128 Sections 66 to 71, other than paragraph 66(1)‍(c), apply for the purposes of section 127, with

• (a) any reference to “patent”, other than with respect to the Patent Office, to be read as a reference to “certificate of supplementary protection”;

• (b) any reference to “patentee” to be read as a reference to “holder of the certificate of supplementary protection”;

• (c) any reference in paragraphs 66(1)‍(d) and (e) and subsection 68(1) to “section 65” to be read as a reference to “section 127”;

• (d) any reference in subsection 69(1) or section 71 to “sections 65 to 70” to be read as a reference to “sections 66 to 70 and 127”; and

• (e) the reference in subsection 69(3) to “the Minister” to be read as a reference to “the Minister of Industry”.

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General

129 (1) Subject to the regulations, any document, information or fee that is submitted to the Minister under this Act may be submitted in any electronic form, and by any electronic means, that is specified by the Minister.

(2) Subject to the regulations, the Minister may use electronic means to create, collect, receive, store, transfer, distribute, publish, certify or otherwise deal with documents or information under sections 106 to 134.

(3) In this section, electronic, in reference to a form or means, includes optical, magnetic and other similar forms or means.

130 In any action or proceeding respecting a certificate of supplementary protection authorized to be had or taken in Canada under this Act, a copy purporting to be certified by the Minister of any such certificate, or of any other document that is made by or filed with the Minister and is connected to such a certificate, may be produced before the court or other tribunal, or a judge or member of the court or tribunal, and the copy purporting to be so certified may be admitted in evidence without production of the original and without proof of the Minister’s certification.

131 In all proceedings before any court under this Act, including, for greater certainty, an application for judicial review of a decision of the Minister under this Act, the costs of the Minister are in the discretion of the court, but the Minister shall not be ordered to pay the costs of any other of the parties.

132 (1) If any time period fixed under any of sections 106 to 134 in respect of dealings with the Minister ends on a prescribed day or a day that is designated by the Minister, that time period is extended to the next day that is not a prescribed day or a designated day.

(2) The Minister may, on account of unforeseen circumstances and if the Minister is satisfied that it is in the public interest to do so, designate any day for the purposes of subsection (1). If a day is designated, the Minister shall inform the public of that fact on the Department of Health’s website.

133 The User Fees Act does not apply in respect of the fees referred to in section 106 or 134.

134 (1) The Governor in Council may make rules or regulations

• (a) defining the term authorization for sale;

• (b) respecting the form and contents of applications for certificates of supplementary protection;

• (c) respecting the processing of such applications;

• (d) respecting the determination of when, for the purpose of paragraph 106(1)‍(f), an application for an authorization for sale was filed and, for the purpose of subsection 106(3), an application for a certificate of supplementary protection is filed;

• (e) prescribing the fees or the manner of determining the fees that may be charged in respect of the filing of applications for certificates of supplementary protection, the issuance of such certificates or the taking of other proceedings under sections 106 to 133 or under any rule or regulation made under this section, or in respect of any services or the use of any facilities provided by the Minister under those sections or such a rule or regulation;

• (f) respecting the payment of any prescribed fees including the time when and the manner in which such fees shall be paid, the additional fees that may be charged for the late payment of such fees and the circumstances in which any fees previously paid may be refunded in whole or in part;

• (g) respecting the submission, including in electronic form and by electronic means, of documents and information to the Minister, including the time at which they are deemed to be received by the Minister;

• (h) respecting the use of electronic means for the purposes of subsection 129(2), including requiring the use of those electronic means;

• (i) respecting the withdrawal of an application for a certificate of supplementary protection;

• (j) respecting communications between the Minister and any other person;

• (k) respecting the correction of obvious errors in documents submitted to the Minister, in certificates of supplementary protection or in other documents issued under sections 106 to 133, including

  • (i) the determination by the Minister of what constitutes an obvious error, and

  • (ii) the effect of the correction; and

• (l) generally, for carrying into effect the objects and purposes of sections 104 to 133 or for ensuring their due administration by the Minister.

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(2) For greater certainty, the Governor in Council may make rules or regulations under paragraphs 12(1)‍(d), (g), (h) and (k) for the purposes of this section and sections 104 to 133.

confusing, when applied as an adjective to a trade-mark or trade-name, means, Insertion start except in sections 11.‍13 and 11.‍21 Insertion end , a trade-mark or trade-name the use of which would cause confusion in the manner and circumstances described in section 6; (créant de la confusion)

geographical indication means an indication that identifies a wine or spirit, Insertion start or an agricultural product or food of a category set out in the schedule Insertion end , as originating in the territory of a WTO Member, or a region or locality of that territory, Insertion start if Insertion end a quality, reputation or other characteristic of the wine Insertion start or Insertion end spirit Insertion start or the agricultural product or food Insertion end is essentially attributable to its geographical origin; (indication géographique)

Geographical Indications

Definitions

11.‍11  Insertion start (1) Insertion end Insertion start   Insertion end Insertion start The following definitions apply Insertion end in Insertion start this section and in Insertion end sections 11.‍12 to Insertion start 11.‍24 Insertion end .

Minister means the Minister designated Insertion start under subsection (2) Insertion end .‍ (ministre)

responsible authority means, in relation to a wine or spirit, Insertion start or an agricultural product or food of a category set out in the schedule Insertion end , the person, firm or other entity that, in the Insertion start Minister’s Insertion end opinion, is, by reason of state or commercial interest, sufficiently connected with and knowledgeable Insertion start about Insertion end that wine or spirit Insertion start or that agricultural product or food Insertion end to be a party to any proceedings under Insertion start this Act Insertion end .‍ (autorité compétente)

Designation of Minister

(2) The Governor in Council may, by order, designate any federal minister to be the Minister for the purposes of this section and sections 11.‍12 to 11.‍24.

When indication confusing with trade-mark

(3) For the purposes of sections 11.‍13 and 11.‍21, an indication identifying an agricultural product or food is confusing with a trade-mark if the use of both the indication and the trade-mark in the same area would be likely to lead to the inference that the agricultural product or food associated with the indication originates from the same source as the goods or services associated with the trade-mark.

What to be considered

(4) For the purposes of sections 11.‍13 and 11.‍21, in determining whether an indication is confusing with a trade-mark, the Registrar or the Federal Court, as the case may be, shall have regard to all the surrounding circumstances, including

• (a) the length of time that the indication has been used to identify the agricultural product or food with which it is associated as originating in the territory, or the region or locality of a territory, and the extent to which it has become known;

• (b) the degree of resemblance between the indication and the trade-mark, including in appearance or sound or in the ideas suggested by them; and

• (c) with respect to the trade-mark,

  • (i) its inherent distinctiveness and the extent to which it has become known,

  • (ii) the length of time that it has been in use, and

  • (iii) the nature of the goods, services or business that is associated with it.

    End of inserted block

List

11.‍12 (1) There shall be kept under the supervision of the Registrar a list of geographical indications Insertion start and, in the case of geographical indications identifying an agricultural product or food, translations of those indications Insertion end .

Statement of Minister — indication

(2)  Insertion start If Insertion end a statement by the Minister in respect of an indication is published Insertion start on the website of the Canadian Intellectual Property Office Insertion end setting out the information mentioned in subsection (3), the Insertion start Registrar shall enter Insertion end the indication, Insertion start and any translation of the indication set out in the statement Insertion end , on the list Insertion start if Insertion end

• (a)  Insertion start no Insertion end statement of objection has been filed and served on the responsible authority in accordance with subsection 11.‍13(1) and the time for the filing of Insertion start a Insertion end statement of objection has expired; or

• (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.‍13(6) to have been withdrawn or it has been rejected Insertion start under Insertion end subsection 11.‍13(7) or, if an appeal is taken, it is rejected Insertion start in Insertion end the final judgment given in the appeal.

Statement of Minister — translation

(2.‍1) If a statement by the Minister is published on the website of the Canadian Intellectual Property Office setting out the information mentioned in subsection (3.‍1) in respect of a translation of an indication on the list that identifies an agricultural product or food, the Registrar shall enter the translation on the list if

• (a) no statement of objection has been filed and served on the responsible authority in accordance with subsection 11.‍13(1) and the time for the filing of the statement of objection has expired; or

• (b) a statement of objection has been so filed and served, but it has been withdrawn or deemed under subsection 11.‍13(6) to have been withdrawn or it has been rejected under subsection 11.‍13(7) or, if an appeal is taken, it is rejected in the final judgment given in the appeal.

  End of inserted block

Information — indication

(3) For the purposes of subsection (2), the statement by the Minister must set out Insertion start all of Insertion end the following information:

• (a) that the Minister proposes that the indication Insertion start and, if applicable, a translation of the indication, in the case of an indication that identifies an agricultural product or food Insertion end , be entered on the list;

• (b)  Insertion start in the case of an indication that identifies a wine or spirit Insertion end , that the indication identifies a wine or that the indication identifies a spirit;

• Start of inserted block

  (b.‍1) in the case of an indication that identifies an agricultural product or food, the common name of the agricultural product or food and the category set out in the schedule to which it belongs;

  End of inserted block

• (c) the territory, or the region or locality of a territory, in which the wine or spirit Insertion start or the agricultural product or food Insertion end is identified as originating;

• (d) the name of the responsible authority in relation to the wine or spirit Insertion start or the agricultural product or food Insertion end and the address of the responsible authority’s principal office or place of business in Canada Insertion start or Insertion end , if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if Insertion start it Insertion end had been served on the responsible authority itself;

• (e) the quality, reputation or other characteristic of the wine or spirit Insertion start or the agricultural product or food Insertion end that, in the Insertion start Minister’s Insertion end opinion, qualifies that indication as a geographical indication;

• Start of inserted block

  (f) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, the indication is protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating, as well as particulars of the protection.

  End of inserted block

Information — translation

(3.‍1) For the purposes of subsection (2.‍1), the statement by the Minister must set out all of the following information:

• (a) that the Minister proposes that the translation be entered on the list;

• (b) the indication on the list that corresponds to the translation;

• (c) the common name of the agricultural product or food that the indication identifies and the category set out in the schedule to which it belongs;

• (d) the name of the responsible authority in relation to the agricultural product or food and the address of the responsible authority’s principal office or place of business in Canada or, if the responsible authority has no office or place of business in Canada, the name and address in Canada of a person or firm on whom any document may be served with the same effect as if it had been served on the responsible authority itself.

  End of inserted block

Removal from list

(4) The Registrar shall remove an indication Insertion start or any translation of an indication Insertion end from the list

• Insertion start (a) Insertion end  on the publication of a statement by the Minister Insertion start on the website of the Canadian Intellectual Property Office specifying Insertion end that the indication Insertion start or the translation Insertion end is to be removed; or

• Start of inserted block

  (b) if the Federal Court makes an order under subsection 11.‍21(1) for the removal of the indication or the translation.

  End of inserted block

Obvious error

(5) The Registrar may, within six months after the day on which an indication or a translation of an indication is entered on the list, correct any error in that entry that is obvious from the documents relating to the indication or the translation in question that are, at the time that the entry is made, on file in the Registrar’s office.

Evidence of entry

(6) A copy of any entry on the list purporting to be certified to be true by the Registrar is evidence of the facts set out in it.

Evidence of statement

(7) Evidence of a statement by the Minister may be given by the production of a copy of the statement purporting to be certified to be true by the Registrar.

Certified copies

(8) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry on the list or of any statement by the Minister.

Statement of objection

11.‍13 (1) Within Insertion start two Insertion end months after the publication of a statement referred to in subsection 11.‍12(2) Insertion start or (2.‍1) Insertion end , any person interested may, on payment of the prescribed fee, file with the Registrar, and serve on the responsible authority in the prescribed manner, a statement of objection.

Grounds — indication

(2) A statement of objection Insertion start with respect to an Insertion end indication may be based Insertion start on any of the following grounds Insertion end :

• (a) that, Insertion start when the statement by the Minister is published Insertion end , the indication is not a geographical indication;

• Start of inserted block

  (b) that, when the statement by the Minister is published, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

• (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister is published, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating;

• (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with

  • (i) a registered trade-mark,

  • (ii) a trade-mark that was previously used in Canada and that has not been abandoned, or

  • (iii) a trade-mark in respect of which an application for registration was previously filed in Canada and remains pending.

    End of inserted block

Grounds — translation

(2.‍1) A statement of objection with respect to a translation may be based on any of the following grounds:

• (a) that, when the statement by the Minister is published, the translation is not a faithful translation of the indication;

• (b) that, when the statement by the Minister is published, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food;

• (c) that, when the statement by the Minister is published, the translation is confusing with

  • (i) a registered trade-mark,

  • (ii) a trade-mark that was previously used in Canada and that has not been abandoned, or

  • (iii) a trade-mark in respect of which an application for registration was previously filed in Canada and remains pending.

    End of inserted block

• (a)  Insertion start each Insertion end ground of objection in sufficient detail to enable the responsible authority to reply Insertion start to it Insertion end ; and

Frivolous objection

(3.‍1) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request or on his or her own initiative, reject the statement of objection if the Registrar considers that the statement does not raise a substantial issue for decision and shall give notice of his or her decision to the objector and to the responsible authority.

Power to strike

(3.‍2) At any time before the day on which the responsible authority files a counter statement, the Registrar may, at the responsible authority’s request, strike all or part of the statement of objection if the statement or part of it

• (a) is not based on any of the grounds set out in subsection (2) or (2.‍1); or

• (b) does not set out a ground of objection in sufficient detail to enable the responsible authority to reply to it.

  End of inserted block

Counter statement

(4) Within Insertion start two Insertion end months after a statement of objection has been served on the responsible authority, the responsible authority may file a counter statement with the Registrar and serve a copy on the objector in the prescribed manner, and if the responsible authority does not so file and serve a counter statement, the indication Insertion start or the translation Insertion end shall not be entered on the list Insertion start kept under subsection 11.‍12(1) Insertion end . Insertion start The counter statement need only state that the responsible authority intends to respond to the objection. Insertion end

Evidence and hearing

(5) Both the objector and the responsible authority shall be given an opportunity, in the prescribed manner Insertion start and within the prescribed time Insertion end , to submit evidence and to make representations to the Registrar unless

Service

(5.‍1) The objector and the responsible authority shall, in the prescribed manner and within the prescribed time, serve on each other any evidence and written representations that they submit to the Registrar.

No evidence — objector

(6) The objection Insertion start is Insertion end deemed to have been withdrawn if, in the prescribed circumstances, the objector does not submit Insertion start and serve Insertion end evidence or a statement that the objector does not wish to submit evidence.

No evidence — responsible authority

(6.‍1) The indication or the translation shall not be entered on the list if, in the prescribed circumstances, the responsible authority does not submit and serve evidence or a statement that the responsible authority does not wish to submit evidence.

Decision

(7) After considering the evidence and representations of the objector and the responsible authority, the Registrar shall Insertion start accept Insertion end or reject the objection, Insertion start in whole or in part Insertion end , and notify the parties of the decision and the reasons for Insertion start it Insertion end .

Effect of decision on translations

(8) The Registrar shall not enter any translation of an indication on the list if the Registrar accepts the objection with respect to the indication or, if an appeal is taken, the objection is accepted in the final judgment given in the appeal.

Prohibited use

(3) No person shall use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying a wine in respect of a wine that originates in the territory indicated by the protected geographical indication if that wine was not produced or manufactured in accordance with the law applicable to that territory; or

• (b) a translation in any language of the geographical indication in respect of that wine.

  End of inserted block

Prohibited adoption of indication for spirits

(4) No person shall adopt in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication; or

• (b) a translation in any language of the geographical indication in respect of that spirit.

  End of inserted block

Prohibited use

(5) No person shall use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying a spirit in respect of a spirit not originating in the territory indicated by the protected geographical indication or adopted contrary to subsection (4); or

• (b) a translation in any language of the geographical indication in respect of that spirit.

  End of inserted block

Prohibited use

(6) No person shall use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying a spirit in respect of a spirit that originates in the territory indicated by the protected geographical indication if that spirit was not produced or manufactured in accordance with the law applicable to that territory; or

• (b) a translation in any language of the geographical indication in respect of that spirit.

  End of inserted block

Prohibited adoption of indication for agricultural products or food

11.‍15 (1) No person shall adopt in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying Insertion start an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does Insertion end not Insertion start originate Insertion end in the territory indicated by the protected geographical indication; or

• (b) a translation Insertion start on the list kept under subsection 11.‍12(1) of the protected Insertion end geographical indication in respect of that agricultural product or food.

Prohibited use

(2) No person shall use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying Insertion start an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that does Insertion end not Insertion start originate Insertion end in the territory indicated by the protected geographical indication or adopted contrary to subsection (1); or

• (b) a translation Insertion start on the list kept under subsection 11.‍12(1) of the protected Insertion end geographical indication in respect of that agricultural product or food.

Prohibited use

(3) No person shall use in connection with a business, as a trade-mark or otherwise,

• (a) a protected geographical indication identifying an agricultural product or food of a category set out in the schedule in respect of an agricultural product or food belonging to the same category that originates in the territory indicated by the protected geographical indication if that agricultural product or food was not produced or manufactured in accordance with the law applicable to that territory; or

• (b) a translation on the list kept under subsection 11.‍12(1) of the protected geographical indication in respect of that agricultural product or food.

  End of inserted block

Exception when authorized

11.‍16 (1) Sections 11.‍14 and 11.‍15 and paragraphs 12(1)‍(g) to (h.‍1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, or any translation of it in any language, with the consent of the responsible authority.

Exception for personal names

(2) Sections 11.‍14 and 11.‍15 do not prevent a person from using, in the course of trade, Insertion start the Insertion end person’s name or the name of the person’s predecessor in title, except where the name is used in such a manner as to mislead the public.

Exception for comparative advertising

(3) Sections 11.‍14 and 11.‍15 do not prevent a person from using a protected geographical indication, Insertion start or any translation of it in any language Insertion end , Insertion start in comparative Insertion end advertising.

Exception not applicable to labels or packaging

Insertion start (4) Insertion end  Subsection ( Insertion start 3 Insertion end ) does not apply to comparative advertising on labels or packaging.

Continued use — wines or spirits

11.‍17 (1) Section 11.‍14 does not apply to Insertion start the Insertion end continued Insertion start and Insertion end similar use of a protected geographical indication Insertion start identifying a wine or spirit, or any translation of it in any language Insertion end , by a Canadian Insertion start who Insertion end has used Insertion start it Insertion end in a continuous manner in relation to any business or commercial activity in respect of goods or services

• (a) in good faith before April 15, 1994; or

• (b) for at least Insertion start 10 Insertion end years before that date.

Definition of Canadian

(2) For the purposes of Insertion start subsection (1) Insertion end , Canadian Insertion start means Insertion end

• (a) a Canadian citizen;

• (b) a permanent resident Insertion start as defined in Insertion end subsection 2(1) of the Immigration and Refugee Protection Act who has been ordinarily resident in Canada for not more than one year after Insertion start the day on which they Insertion end first became eligible to apply for Canadian citizenship; and

• (c) an entity that carries on business in Canada.

Use — certain cheeses

(3) Section 11.‍15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them 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, before October 18, 2013.

Use with qualifying term

(4) Section 11.‍15 does not apply to the use, in connection with a business, of any of the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”, or any translation of them in any language, in respect of an agricultural product or food of the category of cheeses, as set out in the schedule, if

• (a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in connection with the indication or the translation; and

• (b) the geographical origin of the cheese is clearly displayed on the cheese or on the packaging in which it is distributed, or is in any other manner associated with the cheese so that notice of the cheese’s origin is given to the person to whom the cheese is transferred.

  End of inserted block

Use of the indication “Beaufort”

(5) 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

• (a) the person or their predecessor in title used the indication or the translation for at least 10 years before October 18, 2013 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; or

• (b) the person uses the indication or the translation in relation to any business or commercial activity in respect of a cheese product that was produced in the proximity of the Beaufort Range on Vancouver Island in British Columbia.

  End of inserted block

Use of the indication “Nürnberger Bratwürste”

(6) 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 at least five years before October 18, 2013.

Use of the indication “Jambon de Bayonne”

(7) 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 at least 10 years before October 18, 2013.

Restriction

(8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in title if they only transferred the right to use the indication or the translation, or both.

Exception for disuse

11.‍18 (1) Sections 11.‍14 and 11.‍15 and paragraphs 12(1)‍(g) to Insertion start (h.‍1) do not prevent Insertion end the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a protected geographical indication, Insertion start or any translation of it in any language Insertion end , if the indication has ceased to be protected by the law applicable to the Insertion start territory in Insertion end which the wine or spirit Insertion start or the agricultural product or food is identified as originating Insertion end , or has fallen into disuse in that Insertion start territory Insertion end .

Exceptions for customary names

(2) Sections 11.‍14 and 11.‍15 and paragraphs 12(1)‍(g) to Insertion start (h.‍1) do not prevent Insertion end the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a Insertion start protected geographical Insertion end indication that is identical Insertion start to Insertion end

• (a) a term customary in common language in Canada as the common name for the wine or spirit Insertion start or the agricultural product or food Insertion end ;

• (b) a customary name of a grape variety existing in Canada on or before the day on which the Insertion start WTO Insertion end Agreement comes into force; or

• Start of inserted block

  (c) a customary name of a plant variety or an animal breed existing in Canada on or before the day on which the indication is entered on the list kept under subsection 11.‍12(1).

  End of inserted block

Exception for translation — customary term

(2.‍1) Sections 11.‍14 and 11.‍15 and paragraphs 12(1)‍(g) to (h.‍1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of a translation of a protected geographical indication that is identical to a term customary in common language in Canada as the common name for a wine or spirit or an agricultural product or food.

Exception for common names for wines

(3)  Insertion start Subsections Insertion end 11.‍14 Insertion start (1) to (3) and paragraph 12(1)‍(g) do not prevent Insertion end the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of wines:

Exception for common names for spirits

(4)  Insertion start Subsections Insertion end 11.‍14 Insertion start (4) to (6) Insertion end and paragraph 12(1)‍(h) Insertion start do not prevent Insertion end the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of spirits:

Exception for common names for agricultural products or food

(4.‍1) Section 11.‍15 and paragraph 12(1)‍(h.‍1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the following indications in respect of an agricultural product or food:

• (a) Valencia Orange;

• (b) Orange Valencia;

• (c) Valencia;

• (d) Black Forest Ham;

• (e) Jambon Forêt Noire;

• (f) Tiroler Bacon;

• (g) Bacon Tiroler;

• (h) Parmesan;

• (i) St. George Cheese;

• (j) Fromage St-George; and

• (k) Fromage St-Georges.

  End of inserted block

Spelling variations

(4.‍2) For purposes of subsection (4.‍1), the indications set out in paragraphs (f) and (g) include spelling variations of those indications in English and French.

Exception — “county”

(4.‍3) Section 11.‍15 and paragraph 12(1)‍(h.‍1) do not prevent the adoption, use or registration as a trade-mark or otherwise, in connection with a business, of the term “county”, or any translation of it in any language, in association with an agricultural product or food if that term is used to refer to the name of a territorial division or an administrative division of a territory.

Powers of Governor in Council

(5) The Governor in Council may, by order, amend Insertion start any of Insertion end subsections (3) to Insertion start (4.‍1) Insertion end by adding or deleting an indication in respect of a wine or spirit Insertion start or an agricultural product or food Insertion end , as the case may be.

Proceedings after five years

(2) In proceedings respecting a registered trade-mark commenced after the expiry of five years from the earlier of the date of registration of the trade-mark in Canada and the date on which use of the trade-mark by the person who filed the application for registration of the trade-mark or that person’s predecessor in title has become generally known in Canada, the registration must not be expunged or amended or held invalid on the basis of Insertion start any of Insertion end paragraphs 12(1)‍(g) to Insertion start (h.‍1) Insertion end unless it is established that the person who filed the application for registration of the trade-mark did so with knowledge that the trade-mark was in whole or in part a protected geographical indication.

Acquired rights — wines

11.‍2 (1)  Insertion start Section Insertion end 11.‍14 and paragraph 12(1)‍(g) Insertion start do not prevent Insertion end the adoption, use or registration Insertion start as a Insertion end trade-mark Insertion start in association with a wine of Insertion end a Insertion start protected Insertion end geographical indication, Insertion start or any translation of it in any language, by a Insertion end person Insertion start if they have Insertion end , in good faith, before the later of Insertion start January 1, 1996 Insertion end and the Insertion start day Insertion end on which protection Insertion start of the indication in the territory indicated by the indication begins Insertion end ,

• (a) filed an application in accordance with section 30 for, or secured the registration of, Insertion start the Insertion end trade-mark Insertion start in association with Insertion end a wine; or

• (b) acquired rights through use to Insertion start the Insertion end trade-mark in respect of a wine.

Acquired rights — spirits

(2) Section 11.‍14 and paragraph 12(1)‍(h) do not prevent the adoption, use or registration as a trade-mark in association with a spirit of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the later of January 1, 1996 and the day on which protection of the indication in the territory indicated by the indication begins,

• (a) filed an application in accordance with section 30 for, or secured the registration of, the trade-mark in association with a spirit; or

• (b) acquired rights through use to the trade-mark in respect of a spirit.

  End of inserted block

Acquired rights — agricultural products and food

(3) Section 11.‍15 and paragraph 12(1)‍(h.‍1) do not prevent the adoption, use or registration as a trade-mark in association with an agricultural product or food of a category set out in the schedule of a protected geographical indication, or any translation of it in any language, by a person if they have, in good faith, before the day on which a statement by the Minister is published under subsection 11.‍12(2) or (2.‍1) in respect of the indication or translation,

• (a) filed an application in accordance with section 30 for, or secured the registration of, the trade-mark in association with an agricultural product or food belonging to the same category; or

• (b) acquired rights through use to the trade-mark in respect of an agricultural product or food belonging to the same category.

  End of inserted block

Removal from the list

11.‍21 (1) On the application of any person interested, the Federal Court has exclusive jurisdiction to order the Registrar to remove an indication or a translation from the list of geographical indications kept under subsection 11.‍12(1) on any of the grounds set out in subsection (2) or (3), as the case may be.

Grounds — indication

(2) The grounds for the removal of an indication are

• (a) that, on the day on which the application is made, the indication is not a geographical indication;

• (b) that, on the day on which the application is made, the indication is identical to a term customary in common language in Canada as the common name for the wine or spirit or the agricultural product or food;

• (c) that, except in the case of an indication identifying a wine or spirit or an agricultural product or food as originating in Canada, when the statement by the Minister in respect of the indication is published or on the day on which the application is made, the indication is not protected by the law applicable to the territory in which the wine or spirit or the agricultural product or food is identified as originating;

• (d) in the case of an indication identifying an agricultural product or food, that, when the statement by the Minister is published, the indication is confusing with

  • (i) a registered trade-mark, or

  • (ii) a trade-mark that was previously used in Canada and that has not been abandoned; or

• (e) in the case of an indication identifying an agricultural product or food, that

  • (i) when the statement by the Minister is published, the indication is confusing with a trade-mark in respect of which an application for registration was previously filed in Canada, and

  • (ii) on the day on which the application is made, that application for registration remains pending or the trade-mark is registered.

    End of inserted block

Grounds — translation

(3) The grounds for the removal of a translation are

• (a) that, on the day on which the application is made, the translation is identical to a term customary in common language in Canada as the common name for the agricultural product or food;

• (b) that, when the statement by the Minister in respect of the translation is published, the translation is confusing with

  • (i) a registered trade-mark, or

  • (ii) a trade-mark that was previously used in Canada and that has not been abandoned;

• (c) that

  • (i) when the statement by the Minister in respect of the translation is published, the translation is confusing with a trade-mark in respect of which an application for registration was previously filed in Canada, and

  • (ii) on the day on which the application is made, that application for registration remains pending or the trade-mark is registered; or

• (d) that, when the statement by the Minister in respect of the translation is published, the translation is not a faithful translation of the indication.

  End of inserted block

How application is made

(4) An application shall be made by the filing of an originating notice of motion, by counter-claim in an action for an act contrary to section 11.‍14 or 11.‍15, or by statement of claim in an action claiming additional relief under this Act.

Summary proceedings

(5) The proceedings on an application shall be heard and determined summarily on evidence adduced by affidavit unless the Federal Court directs otherwise.

Effect of order on translation

(6) If the Federal Court orders the removal of an indication identifying an agricultural product or food from the list, the Registrar shall remove any translation of that indication from the list.

CETA indications

11.‍22 Paragraph 11.‍18(2)‍(a) and section 11.‍21 do not apply with respect to a protected geographical indication that is listed in Part A of Annex 20-A, as amended from time to time, of Chapter Twenty of the Comprehensive Economic and Trade Agreement between Canada and the European Union and its Member States, done at Brussels on October 30, 2016.

Canada — Korea indications

11.‍23 Paragraphs 11.‍18(2)‍(a) and (c) and section 11.‍21 do not apply with respect to an indication that is a protected geographical indication and that is included in the following list:

• (a) GoryeoHongsam;

• (b) GoryeoBaeksam;

• (c) GoryeoSusam;

• (d) IcheonSsal;

• (e) ginseng rouge de Corée;

• (f) ginseng blanc de Corée;

• (g) ginseng frais de Corée;

• (h) riz Icheon;

• (i) Korean Red Ginseng;

• (j) Korean White Ginseng;

• (k) Korean Fresh Ginseng;

• (l) Icheon Rice.

  End of inserted block

Powers of Governor in Council

11.‍24 The Governor in Council may, by order, amend the schedule by adding or deleting a category of agricultural product or food.

• (g) in whole or in part a protected geographical indication Insertion start identifying a wine Insertion end , 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 Insertion start identifying a spirit Insertion end , where the trade-mark is to be registered in association with a spirit not originating in a territory indicated by the geographical indication;

• Start of inserted block

  (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

  End of inserted block

Exception

(2)  Insertion start The Insertion end registration of a trade-mark Insertion start does not Insertion end 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 Insertion start or any of the indications mentioned in subsection 11.‍18(4.‍1) in association with an agricultural product or food Insertion end .

relevant protected mark means

• Insertion start (a) Insertion end  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; Insertion start or Insertion end

• Start of inserted block

  (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)

  End of inserted block

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 means a registered trade-mark or a protected geographical indication.‍ (marque protégée)

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.

  End of inserted block

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.

  End of inserted block

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.

  End of inserted block

Restriction

(3) The contravention of subsection (1), Insertion start (2.‍1) or (2.‍2) Insertion end does not give rise to a remedy under section 53.‍2.

Request for assistance

51.‍04 (1) The owner of a Insertion start protected mark Insertion end 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.

Information in request

(2) The request for assistance shall include the name and address in Canada Insertion start of Insertion end the owner Insertion start of the protected mark Insertion end and any other information that is required by the Minister, including information about the trade-mark and the goods for which it is registered Insertion start or, in the case of a geographical indication, the goods identified by the indication Insertion end .

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 Insertion start of the protected mark Insertion end , extend the period for two years, and may do so more than once.

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 Insertion start of the protected mark Insertion end furnish security, in an amount and form fixed by the Minister, for the payment of an amount for which the owner Insertion start of the protected mark Insertion end becomes liable under section 51.‍09.

Update

(5) The owner Insertion start of the protected mark Insertion end shall inform the Minister in writing, as soon as feasible, of any changes to

• (a) the validity of the Insertion start protected mark Insertion end that is the subject of the request for assistance;

• (b) the ownership of the Insertion start protected mark Insertion end ; or

• (c) the goods for which the trade-mark is registered Insertion start or, in the case of a geographical indication, the goods identified by the indication. Insertion end

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 Insertion start protégée Insertion end 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 :

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 Insertion start or to any protected geographical indication Insertion end .

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.

  End of inserted block

Transitional Insertion start Provisions Insertion end

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.

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.

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.

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.

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).

  End of inserted block

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.

  End of inserted block

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:

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.

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).

Definitions

(6) The following definitions apply in this section.

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 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 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))

  End of inserted block

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.

  End of inserted block

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 Insertion start sections Insertion end 14.‍1 Insertion start and 14.‍11 Insertion end .

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.

CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

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)

• (a) conduct a verification of origin of goods for which preferential tariff treatment under a free trade agreement, other than Insertion start a free trade agreement referred to in subsection (1.‍1) Insertion end , is claimed

Method of verification — certain agreements

(1.‍1) Any officer, or any officer within a class of officers, designated by the President for the purposes of this section, or any person, or any person within a class of persons, designated by the President to act on behalf of such an officer, may, subject to any prescribed conditions, conduct Insertion start any of the following Insertion end :

• Insertion start (a) Insertion end  a verification of origin of goods for which preferential tariff treatment under CEFTA is claimed, by requesting in writing that the customs administration of the EFTA state of export conduct a verification and provide an opinion as to whether the goods are originating within the meaning of Annex C of CEFTA;

• Start of inserted block

  (b) a verification of origin of goods for which preferential tariff treatment under CETA is claimed, by requesting in writing that the customs administration of the EU country or other CETA beneficiary of export conduct a verification and provide a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.

  End of inserted block

Withdrawal of preferential tariff treatment

(2) If an exporter or producer of goods that are subject to a verification of origin under paragraph (1)‍(a) fails to comply with the prescribed requirements or, in the case of a verification of origin under subparagraph (1)‍(a)‍(i), does not consent to the verification of origin in the prescribed manner and within the prescribed time, preferential tariff treatment under a free trade agreement, other than Insertion start a free trade agreement referred to in subsection (1.‍1) Insertion end , may be denied or withdrawn from the goods.

Withdrawal of preferential tariff treatment — certain agreements

(3) Preferential tariff treatment under Insertion start a free trade agreement referred to in subsection (1.‍1) Insertion end may be denied or withdrawn from the goods Insertion start in any of the following circumstances: Insertion end

• (a)  Insertion start in the case of Insertion end CEFTA, if the EFTA state of export fails to conduct a verification or provide an opinion as to whether the goods are originating;

• Start of inserted block

  (a.‍1) in the case of CETA, if the EU country or other CETA beneficiary of export fails to conduct a verification or provide a written report as to whether the goods are originating;

  End of inserted block

Verification of origin — certain agreements

97.‍201 (1) The customs administration of Insertion start any Insertion end state Insertion start or beneficiary referred to in subsection 42.‍1(1.‍1) Insertion end to which goods were exported may request in writing that the Agency conduct a verification and provide, Insertion start as the case may be Insertion end

• Insertion start (a) Insertion end  an opinion as to whether those goods are originating within the meaning of Annex C of CEFTA; Insertion start or Insertion end

• Start of inserted block

  (b) a written report as to whether the goods are originating within the meaning of the Protocol on Rules of Origin and Origin Procedures of CETA.

  End of inserted block

Statement of origin — certain agreements

(3) On completion of a verification of origin requested under subsection (1), an officer or other person designated under subsection (2) shall

• (a) provide, in the prescribed manner, the customs administration of Insertion start the Insertion end state Insertion start or beneficiary Insertion end with the opinion Insertion start or written report Insertion end requested and any relevant supporting documents that may be requested by that customs administration; and

• (b) determine whether the goods are originating within the meaning of Insertion start the applicable provision referred to in subsection (1) Insertion end .

Regulations

(1.‍1) The Governor in Council may, on the recommendation of the Minister, make regulations for the purpose of the uniform interpretation, application and administration of a Insertion start protocol Insertion end , chapter or provision — set out in column 2 of Part 5 of the schedule —  Insertion start in Insertion end an agreement set out in column 1, and any other matters that may be agreed on from time to time by the parties to that agreement.

owner, in relation to a ship, Insertion start means Insertion end the person having for the time being, either by law or by contract, the rights of the owner of the ship Insertion start with respect to its Insertion end possession and use; (propriétaire)

Canadian entity means

• (a) a corporation that is incorporated in Canada, or

• (b) a trust, partnership, joint venture or other association that is formed in Canada; (entité canadienne)

CETA has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act; (AÉCG)

EU entity means

• (a) a corporation that is incorporated in the territory of the European Union, or

• (b) a trust, partnership, joint venture or other association that is formed in the territory of the European Union; (entité de l’Union européenne)

territory of the European Union means the territory in which the Treaty on European Union, done at Maastricht on February 7, 1992, and the Treaty Establishing the European Economic Community, done at Rome on March 25, 1957 — renamed the Treaty on the Functioning of the European Union — as they are amended from time to time, are applicable, in accordance with the conditions specified in those treaties; (territoire de l’Union européenne)

Prohibition

3 (1) No foreign ship or non-duty paid ship shall, except in accordance with a licence, engage in the coasting trade.

Repositioning of empty containers

(2.‍1) Subsection (1) does not apply in respect of carriage between one place in Canada and another, without consideration, by any of the following ships, of empty containers that are owned or leased by the ship’s owner and any ancillary equipment that is permanently affixed to the containers:

• (a) a non-duty paid ship whose owner is a Canadian entity or an EU entity;

• (b) a foreign ship that is registered in the first, or domestic, register of a member state of the European Union and whose owner is a Canadian entity, an EU entity or an entity that is under Canadian or European control;

• (c) a foreign ship that is registered in a second, or international, register of a member state of the European Union and whose owner is a Canadian entity, an EU entity or an entity under Canadian or European control; and

• (d) a foreign ship that is registered in a register other than the Canadian Register of Vessels or a register referred to in paragraph (b) or (c), and whose owner is a Canadian entity or an EU entity.

  End of inserted block

Dredging activities

(2.‍2) Subsection (1) does not apply in respect of dredging activities — other than dredging activities that are provided under an agreement with Her Majesty in right of Canada or with an entity which is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA — carried out by a ship described in any of paragraphs (2.‍1)‍(a) to (d).

Feeder services — continual or single trip

(2.‍3) Subsection (1) does not apply in respect of

• (a) the carriage of goods by a ship that is described in paragraph (2.‍1)‍(b), from the port of Halifax — where the goods are loaded — to the port of Montreal, or vice versa, if that carriage is one leg of the importation of the goods into Canada; or

• (b) the carriage of goods by the ship from the port of Montreal — where the goods are loaded — to the port of Halifax, or vice versa, if that carriage is one leg of the exportation of the goods from Canada.

  End of inserted block

Feeder services — single trip

(2.‍4) Subject to subsection (2.‍5), subsection (1) does not apply in respect of the carriage, by a ship that is described in paragraph (2.‍1)‍(c), of goods in a container from the port of Montreal to the port of Halifax, or vice versa, if

• (a) that carriage is one leg of the importation of the goods into or exportation from Canada; and

• (b) the container is at least 6.‍1 metres in length and has an internal volume of at least 14 cubic metres, is designed for carrying goods more than once and by one or more modes of transportation, and does not have wheels or is not otherwise built for being driven or drawn.

  End of inserted block

Subsequent coasting trade subject to subsection (1)

(2.‍5) Once a ship has completed a carriage of goods as described in subsection (2.‍4), subsection (1) applies to the ship in respect of any such subsequent carriage of goods by the ship, until it departs from the exclusive economic zone of Canada or from the inland waters, as defined in subsection 2(1) of the Customs Act, at a location where the inland waters are contiguous to the United States.

Provision of information

(2.‍6) Before a ship engages, without a licence, in any activities referred to in subsections (2.‍1) to (2.‍4) and for which the owner of the ship intends to rely on an exemption under any one of those subsections, the owner shall provide information to an enforcement officer, in the form and manner specified by the Minister, establishing that the ship meets the applicable conditions under any of paragraphs (2.‍1)‍(a) to (d).

Other laws apply

(6) For greater certainty, any law of Canada that imposes safety or pollution prevention requirements applies to a foreign ship that is exempted from the application of subsection (1).

Control

(7) For the purposes of paragraphs (2.‍1)‍(b) and (c), an entity is under Canadian or European control

• (a) in the case of a third party entity that is a corporation, if securities of the corporation to which are attached more than 50% of the votes that may be cast to elect directors of the corporation are directly or indirectly held, otherwise than through a subsidiary or by way of security only, by or for the benefit of any of, or any combination of, the following individuals:

  • (i) a Canadian citizen,

  • (ii) a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act, or

  • (iii) a national of a member state of the European Union; or

• (b) in the case of a third party entity that is a trust, partnership, joint venture or other association, if an individual, or any combination of individuals, described in any of subparagraphs (a)‍(i) to (iii) holds, directly or indirectly, but not through a subsidiary, an interest in the trust, partnership, joint venture or other association that entitles the individual or combination of individuals to receive more than 50% of its profits or more than 50% of its assets on dissolution.‍ 

  End of inserted block

Third party entity

(8) For the purposes of subsection (7), third party entity means

• (a) a corporation, other than an entity referred to in paragraph (a) of the definition of either Canadian entity or EU entity, that is not incorporated under the law of the United States; or

• (b) a trust, partnership, joint venture or other association, other than an entity referred to in paragraph (b) of the definition of either Canadian entity or EU entity, that is not formed under the law of the United States.

  End of inserted block

Dredging — provisions not applicable

5.‍1 (1) The following provisions do not apply with respect to licence applications relating to dredging activities that are to be provided under an agreement with Her Majesty in right of Canada or with an entity which is listed in Annex 19-1, as amended from time to time, of Chapter Nineteen of CETA:

• (a) for an application made on behalf of a ship described in paragraph 3(2.‍1)‍(a), paragraph 5(a); and

• (b) for an application made on behalf of a ship described in paragraph 3(2.‍1)‍(b) or (c), paragraph 4(1)‍(a).

  End of inserted block

Total value of agreement

(2) Subsection (1) applies only if the total value of the agreement of which the dredging activities form a part is equal to or greater than the threshold — the sum in Canadian dollars which the Minister for International Trade determines to be equivalent, for a period which he or she determines, to 5 million special drawing rights issued by the International Monetary Fund — that is applicable on the day of the issuance of the call or request for bids or tenders related to the activities.

Regulations

7 The Governor in Council may, by regulation

• Start of inserted block

  (a) specify that a territory is, or is not, a territory referred to in the definition of territory of the European Union in subsection 2(1);

• (b) indicate, for the purpose of paragraph 3(2.‍1)‍(c), the registers that are second, or international, registers of member states of the European Union; and

  End of inserted block

• Insertion start (c) Insertion end  fix the maximum number of licences that may be issued Insertion start under Insertion end sections 4 and 5.

Canada–European Union Comprehensive Economic and Trade Agreement has the same meaning as Agreement in section 2 of the Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act.‍ (Accord économique et commercial global entre le Canada et l’Union européenne)

EU country or other CETA beneficiary has the meaning assigned by regulation.‍ (pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

CEUT refers to the Canada–European Union Tariff.‍ (TCUE)