Budget Implementation Act, 2018, No. 2 (S.C. 2018, c. 27)

Marginal note:2014, c. 20

• 240 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 1.

• (2) If subsection 343(2) of the other Act comes into force before the day on which this Act receives royal assent, then

  • (a) section 233 of this Act is deemed never to have come into force and is repealed; and

  • (b) paragraphs 38(2)(e) and (f) of the Trade-marks Act are replaced by the following:

    • (e) that, at the filing date of the application in Canada, determined without taking into account subsection 34(1), the applicant was not using and did not propose to use the trademark in Canada in association with the goods or services specified in the application; or

    • (f) that, at the filing date of the application in Canada, determined without taking into account subsection 34(1), the applicant was not entitled to use the trademark in Canada in association with those goods or services.

• (3) If subsection 343(2) of the other Act comes into force on the day on which this Act receives royal assent, then section 233 of this Act is deemed to come into force before that subsection 343(2).

• (4) If section 357 of the other Act comes into force on the same day as section 227 of this Act, then that section 357 is deemed to have come into force before that section 227.

Marginal note:2014, c. 20 and c. 32

• 241 (1) The following definitions apply in this section.

  first Act

  first Act means the Economic Action Plan 2014 Act, No. 1. (première loi)

  second Act

  second Act means the Combating Counterfeit Products Act. (deuxième loi)

• (2) If subsection 326(4) of the first Act or subsection 15(4) of the second Act comes into force on or before the day on which this Act receives royal assent, then

  • (a) sections 231 and 236 of this Act are deemed never to have come into force and are repealed; and

  • (b) subsection 12(3) of the Trade-marks Act is replaced by the following:

    • Marginal note:Registrable if distinctive

      (3) A trademark that is not registrable by reason of paragraph (1)(a) or (b) is registrable if it is distinctive at the filing date of an application for its registration, determined without taking into account subsection 34(1), having regard to all the circumstances of the case including the length of time during which it has been used.

• (3) If subsection 367(48) of the first Act produces its effects on or before the day on which this Act receives royal assent, or if section 339 of the first Act and section 31 of the second Act are both in force on that day, then

  • (a) sections 232 and 237 of this Act are deemed never to have come into force and are repealed; and

  • (b) the portion of subsection 32(1) of the Trademarks Act before paragraph (a) is replaced by the following:

    Marginal note:Further evidence in certain cases

    • 32 (1) An applicant shall furnish the Registrar with any evidence that the Registrar may require establishing that the trademark is distinctive at the filing date of the application for its registration, determined without taking into account subsection 34(1), if any of the following apply:

• (4) If section 31 of the second Act comes into force on or before the day on which this Act receives royal assent and section 339 of the first Act is not in force on that day, then

  • (a) section 237 of this Act is deemed never to have come into force and is repealed; and

  • (b) the portion of subsection 32(1) of the Trade-marks Act before paragraph (a) is replaced by the following:

    Marginal note:Further evidence in certain cases

    • 32 (1) An applicant shall furnish the Registrar with any evidence that the Registrar may require establishing that the trade-mark is distinctive at the filing date of the application for its registration, determined without taking into account subsection 34(1), if any of the following apply:

• (5) If section 344 of the first Act and section 36 of the second Act are both in force on the day on which this Act receives royal assent, or if subsection 367(59) or (61) of the first Act has produced its effects on or before that day, then

  • (a) sections 234, 235 and 238 of this Act are deemed never to have come into force and are repealed; and

  • (b) paragraphs 39(1)(a) and (b) of the Trade-marks Act are replaced by the following:

    • (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and

    • (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on which the original application is advertised under subsection 37(1).

• (6) If section 36 of the second Act comes into force on or before the day on which this Act receives royal assent and section 344 of the first Act is not in force on that day, then

  • (a) sections 234, 235 and 238 of this Act are deemed never to have come into force and are repealed;

  • (b) paragraphs 39.1(1)(a) and (b) of the Trade-marks Act are replaced by the following:

    • (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and

    • (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on which the original application is advertised under subsection 37(1).

  • (c) section 344 of the first Act is amended by replacing the paragraphs 39(1)(a) and (b) that it enacts by the following:

    • (a) within the scope of the original application on its filing date, determined without taking into account subsection 34(1); and

    • (b) within the scope of the original application on the day on which the divisional application is filed, if the divisional application is filed on or after the day on which the original application is advertised under subsection 37(1).

Coming into Force

Marginal note:2014, c. 20 and c. 32

• 242 (1) Section 214 comes into force on the first day on which both section 340 of the Economic Action Plan 2014 Act, No. 1 and section 33 of the Combating Counterfeit Products Act are in force or, if it is later, on the day on which this Act receives royal assent.

• Marginal note:Order in council

  (2) Sections 215 to 217, 219, 221 to 223 and 225 to 228 come into force on a day to be fixed by order of the Governor in Council, but that day must not be before the day fixed under subsection 368(1) of the Economic Action Plan 2014 Act, No. 1.

• Marginal note:2014, c. 20 or royal assent

  (3) Sections 220, 224, 229 and 230 come into force on the day fixed under subsection 368(1) of the Economic Action Plan 2014 Act, No. 1 or, if it is later, on the day on which this Act receives royal assent.

SUBDIVISION CR.S., c. C-42Copyright Act (notices of claimed infringement)

243 Section 41.25 of the Copyright Act is amended by adding the following after subsection (2):