Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 24R.S., c. 1 (2nd Supp.)Customs Act (continued)
Amendments to the Act (continued)
477 Section 11.7 of the Act is replaced by the following:
Marginal note:Person travelling in mixed-traffic corridor
11.7 (1) Every person who is travelling in a mixed-traffic corridor shall, at the nearest customs office,
(a) present themselves
(i) to an officer in person, or
(ii) to the Agency by the means of telecommunication that is specified by the Minister for use at the customs office; and
(b) state whether they are arriving from a location outside or within Canada.
Marginal note:Limitation
(2) If only one of the manners of presentation set out in subparagraphs (1)(a)(i) and (ii) is made available at the customs office, the person shall present themselves under paragraph (1)(a) in that manner.
478 The Act is amended by adding the following after section 12.1:
Marginal note:Commercial passenger aircraft — baggage
12.2 (1) Despite section 14 but subject to the regulations, every operator of an aircraft that is arriving in Canada and carrying passengers who have paid for passage shall ensure that the baggage of all passengers and crew — other than baggage in the passengers’ or crew’s actual possession — is, without delay on arrival, transported to the nearest designated international baggage area.
Marginal note:Powers of officer
(2) An officer may require that an operator who is exempted from the requirement set out in subsection (1) ensure that the baggage be brought without delay to the location specified by the officer.
Marginal note:Regulations
(3) The Governor in Council may make regulations respecting exemptions from the requirement set out in subsection (1).
Marginal note:Designation
(4) The President may designate an area in an airport as an international baggage area for the purposes of subsection (1).
Marginal note:Amendment, etc., of designation
(5) The President may at any time amend, cancel or reinstate a designation made under subsection (4).
2005, c. 20Related Amendment to the Quarantine Act
479 Section 12 of the Quarantine Act is replaced by the following:
Marginal note:Obligation on arriving travellers
12 Except in the prescribed circumstances and subject to the prescribed conditions, every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.
Coming into Force
Marginal note:Order in council
480 Sections 475 to 479 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 25R.S., c. N-15National Research Council Act
Amendments to the Act
481 Subsection 3(2) of the Act is replaced by the following:
Marginal note:Council incorporated
(2) The Council is a corporation that has power, for the purposes of this Act, to
(a) acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property; and
(b) enter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of His Majesty in right of Canada or in its own name.
Marginal note:Non-application of requirements
(2.1) Despite the Financial Administration Act, including subsection 41(1) of that Act, the Council is not subject to any requirement established by the Treasury Board under that Act that
(a) limits, on the basis of financial criteria, the power of the Council to enter into contracts for the procurement of goods and services; or
(b) relates to limits on liability or indemnification in those contracts.
Marginal note:Procurement of goods and services
(2.2) Despite section 9 of the Department of Public Works and Government Services Act, the Council may procure goods and services from outside the federal public administration.
Marginal note:Clarification
(2.3) For greater certainty, the power to procure goods and services includes the power to procure goods and services relating to construction and to research-related digital and information technology.
Marginal note:Legal services
(2.4) The Council may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada.
482 Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following:
Marginal note:Research-related digital and information technology
(2) The design, development, testing and operation of research-related digital and information technology is essential to the carrying out of the Council’s duties.
483 The Act is amended by adding the following after section 17:
Establishment of Procurement Oversight Board
Marginal note:Establishment
18 (1) There is established a board, to be called the Procurement Oversight Board, consisting of
(a) not less than three or more than five members, including a Chair, who have a right to vote;
(b) one member who is a person employed by the Department of Public Works and Government Services and who does not have a right to vote; and
(c) one member who is a person employed in the federal public administration and who does not have a right to vote, if the Minister considers that member necessary to assist the Procurement Oversight Board in carrying out its duties.
Marginal note:Duties
(2) The Procurement Oversight Board shall review and approve the Council’s policy framework for procuring goods and services and any amendments to it.
Marginal note:Terms of reference
(3) The Minister may determine and amend the terms of reference of the Procurement Oversight Board.
Marginal note:Appointment
19 (1) Members of the Procurement Oversight Board, including the Chair, shall be appointed by the Minister.
Marginal note:Tenure of office
(2) Members of the Procurement Oversight Board shall be appointed to hold office on a part-time basis and during pleasure for a term of not more than four years, which may be renewed for a second term.
Marginal note:Remuneration
20 (1) Members of the Procurement Oversight Board shall be paid the remuneration that is fixed by the Minister.
Marginal note:Travel and other expenses
(2) Members of the Procurement Oversight Board are entitled to be paid reasonable travel and other expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.
Marginal note:Meetings
21 The Procurement Oversight Board shall meet at least twice a year.
484 Subsection 18(2) of the Act is replaced by the following:
Marginal note:Duties
(2) The Procurement Oversight Board shall review and approve
(a) the Council’s policy framework for procuring goods and services and any amendments to it; and
(b) the Council’s proposals to enter into contracts for the procurement of goods and services if the procurement is complex or large-scale when measured by criteria established by the Procurement Oversight Board.
485 The Act is amended by adding the following after section 21:
Annual Summary
Marginal note:Activities
22 The Procurement Oversight Board shall, within 90 days after the end of each fiscal year, provide a summary of its activities in that year to the Minister.
Coming into Force
Marginal note:First anniversary of royal assent
486 Sections 481, 482, 484 and 485 come into force on the first anniversary of the day on which this Act receives royal assent, or on an earlier day fixed by order of the Governor in Council.
DIVISION 26R.S., c. P-4Patent Act
Amendments to the Act
487 (1) Paragraph 12(1)(g) of the Patent Act is replaced by the following:
(g) respecting the payment of any prescribed fees, including the time when and the manner in which such fees shall be paid, the time at which such fees are deemed to 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;
(2) Paragraph 12(1)(j.73) of the Act is replaced by the following:
(j.73) respecting the conditions set out in subsections 46(5) and 46.2(5), including the circumstances in which subparagraph 46(5)(a)(ii), paragraph 46(5)(b), subparagraph 46.2(5)(a)(ii) and paragraph 46.2(5)(b) do not apply;
(j.731) respecting the number of days to be subtracted in determining the duration of an additional term under subsection 46.1(4), including authorizing the Commissioner to make determinations with respect to that number;
(j.732) respecting applications under section 46.1 for an additional term, including their form, contents and processing;
(j.733) respecting notices to the public in relation to additional terms granted under section 46.1;
(j.734) respecting reconsiderations under section 46.3, including applications for a reconsideration and their form, contents and processing;
488 (1) Subsection 20(9) of the Act is replaced by the following:
Marginal note:Custody of secret application
(9) The packet described in subsection (8) shall, until the expiry of the term — or, if applicable, of the additional term — during which a patent for the invention may be in force, be kept sealed by the Commissioner, and shall not be opened except under the authority of an order of the Minister of National Defence.
(2) Subsection 20(11) of the Act is replaced by the following:
Marginal note:Delivery to Minister
(11) On the expiry of the term — or, if applicable, of the additional term — of the patent, the packet described in subsection (8) shall be delivered to the Minister of National Defence.
489 Section 42 of the Act is replaced by the following:
Marginal note:Contents of patent
42 Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction.
490 Subsection 43(2) of the Act is replaced by the following:
Marginal note:Validity of patent
(2) After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1.
491 Sections 44 and 45 of the Act are replaced by the following:
Marginal note:Term of patents based on applications filed on or after October 1, 1989
44 Subject to section 46, where an application for a patent is filed under this Act on or after October 1, 1989, the term of the patent is 20 years from the filing date.
Marginal note:Term of patents based on applications filed before October 1, 1989
45 Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term of the patent is 17 years from the date on which the patent is issued.
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