Economic Action Plan 2014 Act, No. 2 (S.C. 2014, c. 39)
Full Document:
Assented to 2014-12-16
Marginal note:2001, c. 10, s. 4
140. Sections 78.4 and 78.5 of the Act are replaced by the following:
Marginal note:Applications — filing date October 1, 1989 to before October 1, 1996
78.4 Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after October 1, 1989 but before October 1, 1996 shall be dealt with and disposed of in accordance with
(a) the provisions of this Act, other than the definition “filing date” in section 2, subsection 27(7), sections 27.01, 28 and 28.01 and subsection 28.4(6); and
(b) subsection 27(2) as it read immediately before October 1, 1996.
Marginal note:Applications — filing date October 1, 1996 to before coming-into-force date
78.5 Subject to sections 78.51 and 78.52, an application for a patent whose filing date is on or after October 1, 1996 but before the coming-into-force date shall be dealt with and disposed of in accordance with the provisions of this Act, other than the definition “filing date” in section 2, subsection 27(7), sections 27.01, 28 and 28.01 and subsection 28.4(6).
Marginal note:Abandonment before coming-into-force date
78.51 If an application for a patent was deemed to be abandoned under section 73 as it read immediately before the coming-into-force date, that section 73 applies in respect of that abandonment.
Marginal note:Abandonment — requisition or notice before coming-into-force date
78.52 (1) If, on or after the coming-into-force date, an applicant fails to do any act described in paragraph 73(1)(a), (b), (e) or (f), as those paragraphs read immediately before that date, in respect of a requisition made or notice given, as the case may be, before that date, section 73 as it read immediately before that date applies in respect of any abandonment resulting from the failure.
Marginal note:Abandonment — section 97 of the Patent Rules
(2) If, on or after the coming-into-force date, an applicant fails to do any act described in section 97 of the Patent Rules, as that section read immediately before that date, in respect of a requisition of the Commissioner that was given before that date, section 73 as it read immediately before that date applies in respect of any abandonment resulting from the failure.
Marginal note:Patents filing date before October 1, 1989
78.53 Subject to subsection 78.55(2), any matter arising on or after the coming-into-force date, in respect of a patent granted on the basis of an application whose filing date is before October 1, 1989, shall be dealt with and disposed of in accordance with
(a) the provisions of this Act, other than the definitions “claim date”, “filing date” and “request for priority” in section 2, sections 10, 27 to 28.4, 34.1 to 36, 38.2 and 55 and paragraphs 55.11(1)(a) and (b); and
(b) sections 10 and 55 and subsections 61(1) and (3), as they read immediately before October 1, 1989.
Marginal note:Patents — filing date October 1, 1989 to before coming-into-force date
78.54 Subject to subsection 78.55(1) and section 78.56, any matter arising on or after the coming-into-force date in respect of a patent granted on the basis of an application whose filing date is on or after October 1, 1989 but before the coming-into-force date shall be dealt with and disposed of in accordance with the provisions of this Act, other than the definition “filing date” in section 2 and section 28.
Marginal note:Application of section 46 — item 31 of Schedule II to Patent Rules
78.55 (1) If the time, not including a period of grace, set out in item 31 of Schedule II to the Patent Rules to pay the applicable fee to maintain the rights accorded by a patent in effect ends before the coming-into-force date, section 46 as it read immediately before the coming-into-force date applies in respect of that fee.
Marginal note:Application of section 46 — item 32 of Schedule II to Patent Rules
(2) If the time, not including a period of grace, set out in item 32 of Schedule II to the Patent Rules to pay the applicable fee to maintain the rights accorded by a patent in effect ends before the coming-into-force date, section 46 as it read immediately before the coming-into-force date applies in respect of that fee.
Marginal note:Non-application of subsection 27.1(4) and section 73.1
78.56 Subsection 27.1(4) and section 73.1 do not apply to a patent that was granted before the coming-into-force date or to a reissued patent if the original patent was granted before that date.
Marginal note:Reissued patents
78.57 For greater certainty, for the purposes of sections 78.53 and 78.54, a reissued patent is considered to be issued on the basis of the original application.
Marginal note:Regulations
78.58 For greater certainty, a regulation made under subsection 12(1) applies to an application for a patent referred to in section 78.22, unless the regulation provides otherwise.
Marginal note:2005, c. 18, s. 2
141. Subsection 78.6(5) of the Act is replaced by the following:
Marginal note:Application
(5) For greater certainty, this section also applies to applications for patents mentioned in section 78.22.
Coming into Force
Marginal note:Order in council — Industrial Design Act
142. (1) Sections 102 to 113 come into force on a day to be fixed by order of the Governor in Council.
Marginal note:Order in council — Patent Act
(2) Sections 114 to 141 come into force on a day to be fixed by order of the Governor in Council.
Division 2R.S., c. A-2Aeronautics Act
143. The Aeronautics Act is amended by adding the following after section 4.3:
Marginal note:Ministerial order
4.31 (1) The Minister may make an order prohibiting the development or expansion of a given aerodrome or any change to the operation of a given aerodrome, if, in the Minister’s opinion, the proposed development, expansion or change is likely to adversely affect aviation safety or is not in the public interest.
Marginal note:Exemption
(2) An order under subsection (1) is exempt from examination, registration or publication under the Statutory Instruments Act.
144. Section 4.9 of the Act is amended by adding the following after paragraph (k):
(k.1) the prohibition of the development or expansion of aerodromes or any change to the operation of aerodromes;
(k.2) the consultations that must be carried out by the proponent of an aerodrome before its development or by the operator of an aerodrome before its expansion or any change to its operation;
Division 3Canadian High Arctic Research Station Act
Enactment of Act
Marginal note:Enactment
145. The Canadian High Arctic Research Station Act is enacted as follows:
An Act to establish the Canadian High Arctic Research Station
SHORT TITLE
Marginal note:Short title
1. This Act may be cited as the Canadian High Arctic Research Station Act.
INTERPRETATION
Marginal note:Definitions
2. The following definitions apply in this Act.
“Arctic”
« Arctique »
“Arctic”, when used in relation to Canada, means those parts of Canada
(a) north of sixty degrees north latitude; or
(b) south of sixty degrees north latitude but north of the southern limit of the discontinuous permafrost zone.
“Board”
« conseil »
“Board” means the Board of Directors of CHARS.
“CHARS”
« SCREA »
“CHARS” means the Canadian High Arctic Research Station established by subsection 4(1).
“Minister”
« ministre »
“Minister” means the Minister designated under section 3.
DESIGNATION
Marginal note:Designation of Minister
3. The Governor in Council may, by order, designate any federal minister to be the Minister referred to in this Act.
CHARS ESTABLISHED
Marginal note:CHARS established
4. (1) A corporation is established to be called the Canadian High Arctic Research Station.
Marginal note:Agent of Her Majesty
(2) CHARS is for all its purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty.
PURPOSE
Marginal note:Purpose
5. The purpose of CHARS is to
(a) advance knowledge of the Canadian Arctic in order to improve economic opportunities, environmental stewardship and the quality of life of its residents and all other Canadians;
(b) promote the development and dissemination of knowledge of the other circumpolar regions, including the Antarctic;
(c) strengthen Canada’s leadership on Arctic issues; and
(d) establish a hub for scientific research in the Canadian Arctic.
POWERS AND FUNCTIONS
Marginal note:CHARS — functions
6. (1) In carrying out its purpose, CHARS is to
(a) undertake scientific research and develop technology;
(b) plan, direct, manage and implement programs and projects relating to scientific research and the development of technology;
(c) promote the testing, application, transfer, diffusion and commercialization of technology;
(d) encourage integration across disciplines and activities;
(e) publish and disseminate studies, reports and other documents;
(f) complement national and international networks of expertise and of facilities; and
(g) perform any other functions that the Minister assigns to it.
Marginal note:CHARS — powers
(2) In carrying out its purpose, CHARS may
(a) construct, manage and operate research facilities and systems;
(b) spend any money that it receives through the conduct of its operations, in the fiscal year in which the money is received or in subsequent fiscal years;
(c) provide services and facilities to any department, board or agency of the Government of Canada, or to any other government or any organization or person;
(d) make recoverable expenditures on behalf of any department, board or agency of the Government of Canada, or on behalf of any other government or any organization or person;
(e) license, assign, sell or otherwise make available, and receive fees, royalties and payment for, any patent, copyright, industrial design, trademark, trade secret or other similar property right held, controlled or administered by CHARS;
(f) enter into contracts, agreements, memoranda of understanding or other arrangements in the name of Her Majesty in right of Canada or of CHARS;
(g) lease personal property or movables, acquire any money, securities or other personal property or movables, including by purchase, gift or bequest or legacy, and — subject to any terms of the acquisition — spend or invest the money or securities;
(h) acquire real property or immovables, have the administration, as defined in section 2 of the Federal Real Property and Federal Immovables Act, of the real property or immovables or acquire a licence as defined in section 2 of that Act;
(i) as lessor, lease any personal property or movables referred to in paragraph (g) or dispose by any means of property or movables acquired under that paragraph, subject to any terms on which the property or movables were acquired;
(j) subject to any terms on which the real property or immovables were acquired, dispose of any real property or immovables or give a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; and
(k) undertake any other activities that the Board considers conducive to the furtherance of CHARS’s purpose and to the performance of its functions and exercise of its powers.
Marginal note:Approval of Governor in Council
(3) Despite paragraphs (2)(h) and (j), CHARS may acquire or dispose of real property or immovables, and interests in real property or immovable real rights, only with the approval of the Governor in Council.
Marginal note:Exception
(4) Subsection (3) does not apply to any
(a) acquisition or disposition by lease;
(b) acquiring or giving of a licence as defined in section 2 of the Federal Real Property and Federal Immovables Act; or
(c) disposition to a public utility or a municipality of easements or servitudes or other interests in real property or immovable real rights if the disposition is necessary for the utility or municipality to carry out its activities, including the construction or maintenance of a public work.
Marginal note:Minister
7. (1) The Minister may refer matters relating to Arctic science and technology to CHARS for its consideration.
Marginal note:Advice
(2) CHARS must advise the Minister in respect of any matter that is referred to it under subsection (1).
Marginal note:Reports
(3) The Minister may require CHARS to provide him or her with reports on its activities and operations, and may make such a report available to the public.
BOARD OF DIRECTORS
Marginal note:Oversight of CHARS
8. (1) The organization and administration of CHARS are to be overseen by a Board of Directors consisting of nine members, including a Chairperson and a Vice-chairperson. The members of the Board are to be appointed by the Governor in Council to hold office on a part-time basis.
Marginal note:Approval of plans and budgets
(2) The Board’s oversight function includes approving CHARS’s science and technology plan as well as annual workplans and budgets referred to in subsection 17(2).
Marginal note:Qualifications of members
(3) Persons appointed to the Board must have knowledge or experience that will assist CHARS in carrying out its purpose, having regard to the ethnic, linguistic and regional diversity of Canada’s Arctic.
Marginal note:Terms of office
9. (1) Members of the Board are appointed to hold office during pleasure for terms of up to five years.
Marginal note:Reappointment
(2) A member of the Board is eligible for reappointment for a second term of office in the same or another capacity.
Marginal note:Remuneration
10. Members of the Board are to be paid the remuneration that is fixed by the Governor in Council.
Marginal note:Expenses
11. Members of the Board are entitled to be paid reasonable travel and living expenses while absent from their ordinary place of residence in the course of their duties under this Act.
CHAIRPERSON
Marginal note:Chairperson’s role
12. The Chairperson presides over meetings of the Board and performs any other duties that are assigned by the Board.
Marginal note:Acting Chairperson
13. In the event of the absence or incapacity of the Chairperson, or a vacancy in that office, the Vice-chairperson acts as Chairperson.
PRESIDENT OF CHARS
Marginal note:Appointment of President
14. (1) The President of CHARS is to be appointed by the Governor in Council to hold office during pleasure on a full-time basis for a term of up to five years.
Marginal note:Reappointment
(2) The President is eligible for reappointment for one or more further terms of office.
Marginal note:Remuneration
15. The President is to be paid the remuneration that is fixed by the Governor in Council.
Marginal note:Expenses
16. The President is entitled to be paid reasonable travel and living expenses while absent from his or her ordinary place of work in the course of his or her duties under this Act.
Marginal note:President’s role
17. (1) The President is the chief executive officer of CHARS and is responsible for its day-to-day management and direction.
Marginal note:Plans and budgets
(2) The President must submit to the Board for approval
(a) CHARS’s science and technology plan, which must be submitted at intervals of five years or less; and
(b) annual workplans and budgets.
Marginal note:Acting President
18. (1) In the event of the absence or incapacity of the President, or a vacancy in that office, the Board must appoint an employee of CHARS to act as President.
Marginal note:Maximum acting period
(2) However, the acting President may act as President for longer than 90 days only with the approval of the Governor in Council.
HUMAN RESOURCES
Marginal note:Authority
19. (1) CHARS has authority over all matters relating to human resources management, including the determination of the terms and conditions of employment of its employees.
Marginal note:Supervision of CHARS employees
(2) The President is to exercise supervision over and direction of the activities of the employees of CHARS.
Marginal note:Human resources management
20. CHARS may, in the exercise of its authority in relation to human resources management,
(a) determine its requirements with respect to human resources and provide for the allocation and effective utilization of human resources;
(b) provide for the classification of CHARS positions;
(c) determine and regulate the pay to which its employees are entitled for services rendered, the hours of work and leave of those employees and any related matters;
(d) determine and regulate the payments that may be made to its employees by way of reimbursement for travel or other expenses and by way of allowances in respect of expenses and conditions arising out of their employment; and
(e) take any other measures that CHARS considers necessary for effective human resources management.
Marginal note:CHARS’s power to appoint
21. CHARS has the exclusive right and authority to appoint any employees that it considers necessary for carrying out its purpose.
Marginal note:Mobility to departments
22. (1) For the purpose of deployments or appointments made, or advertised internal appointment processes, under the Public Service Employment Act, employees of CHARS must be treated as if they were employees within the meaning of that Act and had the rights of recourse provided by that Act.
Marginal note:When deployments made subject to terms
(2) The Public Service Commission may, in consultation with the President of the Treasury Board, set terms and conditions for the deployment of CHARS’s employees to departments and agencies under the Public Service Employment Act if, in the opinion of the Commission, the principles governing CHARS’s staffing program are incompatible with those governing staffing under that Act.
Marginal note:Mobility to CHARS
(3) When CHARS considers employees within the meaning of the Public Service Employment Act for employment within CHARS, it must treat them as if they were employees of CHARS and had the rights of recourse of CHARS’s employees.
Marginal note:Public Service Commission review
23. The Public Service Commission may periodically review the compatibility of the principles governing CHARS’s staffing program with those governing staffing under the Public Service Employment Act and may report its findings in its annual report.
Marginal note:Political activities
24. Part 7 of the Public Service Employment Act applies to the President and employees of CHARS. For the purposes of that Part, the President is deemed to be a deputy head as defined in subsection 2(1) of that Act and the employees of CHARS are deemed to be employees as defined in that subsection.
OFFICES AND MEETINGS
Marginal note:Head office and other offices
25. CHARS’s head office is to be in Cambridge Bay, Nunavut. The Board may establish other offices elsewhere in Canada that it considers necessary for carrying out CHARS’s purpose.
Marginal note:Meetings
26. (1) Subject to subsection (2), the Board must meet at least three times in each year at the times and places that the Chairperson selects.
Marginal note:Northern meetings
(2) At least one of the Board’s meetings in each year must be held at CHARS’s head office.
Marginal note:Committees
27. The Board may appoint advisory or other committees. Each committee must include at least one person who is a member of the Board.
BYLAWS
Marginal note:Bylaws
28. The Board may make bylaws for the administration, management and control of the property, business and activities of CHARS, including bylaws
(a) respecting the constitution of any committees appointed under section 27 and the roles and duties of those committees;
(b) fixing reasonable allowances or expenses for those appointed to a committee under section 27 who are not members of the Board; and
(c) respecting the procedure at meetings of the Board and its committees.
GENERAL
Marginal note:Inventions
29. Despite section 9 of the Public Servants Inventions Act, the administration and control of any invention made by an officer or employee of CHARS and vested in Her Majesty by that Act, and any patent issued with respect to the invention, are vested in CHARS.
Marginal note:Proceedings
30. Actions, suits or other legal proceedings in respect of any right or obligation acquired or incurred by CHARS on behalf of Her Majesty in right of Canada, whether in its name or in the name of Her Majesty, may be brought or taken by or against CHARS in the name of CHARS in any court that has jurisdiction with respect to the subject-matter of the claim.
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