College of Patent Agents and Trademark Agents Act (S.C. 2018, c. 27, s. 247)

Marginal note:Chief Executive Officer

23 The Board may appoint a Chief Executive Officer, who is responsible for the College’s day-to-day operations.

Immunity

Marginal note:Responsibility for damages — directors and others

23.1 No action or other proceeding for damages lies or may be instituted against any of the following persons for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act:

• (a) a current or former director of the Board;

• (b) a current or former member of a committee of the College;

• (c) the Registrar or a former Registrar;

• (d) a current or former investigator;

• (e) a current or former officer, employee, agent or mandatary of the College; and

• (f) a person who is or has been engaged by the College.

Marginal note:Right of indemnification

23.2 The College must indemnify the persons referred to in section 23.1 against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred by them in respect of any civil, criminal, administrative or other proceeding in which they are involved for anything done or omitted to be done in good faith in the exercise or purported exercise of any power, or in the performance or purported performance of any duty or function, conferred on that person under the Act.

Marginal note:Responsibility for damages — complainant or others

23.3 No action or other proceeding for damages lies or may be instituted against a person for disclosing any information or document to the College or to an investigator in good faith, or for making a complaint about a licensee to the College in good faith.

Powers of Minister and Report

Marginal note:Powers of Minister

• 24 (1) The Minister may

  • (a) review the Board’s activities and require the Board to provide reports and information, other than privileged information, to the Minister; or

  • (b) require the Board to do anything — including to make, amend or repeal a regulation or by-law — that, in the Minister’s opinion, is advisable to carry out the purposes of this Act.

• Marginal note:Deemed best interests

  (2) Compliance by a director of the Board with a requirement of the Minister is deemed to be in the best interests of the College.

Marginal note:Annual report

• 25 (1) On or before March 31 of each year, the College must submit to the Minister a report on the College’s activities during the preceding calendar year.

• Marginal note:Tabling report

  (2) The Minister must cause a copy of the report to be tabled in each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

Licensees

Patent Agents

Marginal note:Patent agent licence

• 26 (1) On application, the Registrar must issue a patent agent licence to an individual who meets the requirements under the regulations.

• Marginal note:Patent agent in training licence

  (2) On application, the Registrar must issue a patent agent in training licence to an individual who meets the requirements under the regulations.

• Marginal note:Conditions

  (3) A licence issued under this section is subject to any conditions imposed under this Act.

Marginal note:Representation before Patent Office

27 Subject to any restrictions imposed under this Act, a patent agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for patents or in other business before the Patent Office.

Marginal note:Register

• 28 (1) The Register of Patent Agents must include the following information:

  • (a) the name and contact information of every patent agent and the name and contact information of any firm of which the patent agent is a member;

  • (b) for every patent agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation;

  • (c) in the case of a patent agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended;

  • (d) for every patent agent, all disciplinary measures imposed on them by the Discipline Committee;

  • (e) the name of every individual whose patent agent licence or patent agent in training licence was surrendered or revoked; and

  • (f) any other information required by the regulations or by-laws.

• Marginal note:Updated information

  (2) The Registrar must ensure that the information included in the Register is updated in a timely manner.

• Marginal note:Available to public

  (3) The Register must be made available to the public on the College’s website in a searchable format.

• Marginal note:Information for Commissioner of Patents

  (4) The Registrar must provide the Commissioner of Patents, within the time and in the form and manner that are specified by the Commissioner, with the most recent information referred to in paragraph (1)(a), other than information relating to a patent agent whose licence is suspended.

Trademark Agents

Marginal note:Trademark agent licence

• 29 (1) On application, the Registrar must issue a trademark agent licence to an individual who meets the requirements under the regulations.

• Marginal note:Trademark agent in training licence

  (2) On application, the Registrar must issue a trademark agent in training licence to an individual who meets the requirements under the regulations.

• Marginal note:Conditions

  (3) A licence issued under this section is subject to any conditions imposed under this Act.

Marginal note:Representation before Office of the Registrar of Trademarks

30 Subject to any restrictions imposed under this Act, a trademark agent whose licence is not suspended is entitled to represent persons in the presentation and prosecution of applications for the registration of trademarks or in other business before the Office of the Registrar of Trademarks.

Marginal note:Register

• 31 (1) The Register of Trademark Agents must include the following information:

  • (a) the name and contact information of every trademark agent and the name and contact information of any firm of which the trademark agent is a member;

  • (b) for every trademark agent, any conditions that are imposed on their licence under this Act and any restrictions that are imposed under this Act on their entitlement to provide representation;

  • (c) in the case of a trademark agent whose licence is suspended, an indication that their licence is suspended and the date on which it was suspended;

  • (d) for every trademark agent, all disciplinary measures imposed on them by the Discipline Committee;

  • (e) the name of every individual whose trademark agent licence or trademark agent in training licence was surrendered or revoked; and

  • (f) any other information required by the regulations or by-laws.

• Marginal note:Updated information

  (2) The Registrar must ensure that the information included in the Register is updated in a timely manner.

• Marginal note:Register available to public

  (3) The Register must be made available to the public on the College’s website in a searchable format.

• Marginal note:Information for Registrar of Trademarks

  (4) The Registrar must provide the Registrar of Trademarks, within the time and in the form and manner that are specified by the Registrar of Trademarks, with the most recent information referred to in paragraph (1)(a), other than information relating to a trademark agent whose licence is suspended.

Obligations

Marginal note:Standards of professional conduct and competence

32 A licensee must meet the standards of professional conduct and competence that are established by the code of professional conduct. A licensee who fails to meet those standards commits professional misconduct or is incompetent.

Marginal note:Code of professional conduct

• 33 (1) The Minister must, by regulation, establish a code of professional conduct for licensees.

• Marginal note:Amendment or repeal

  (2) Only the Board may, by regulation and with the Minister’s prior written approval, amend or repeal the regulations establishing the code.

Marginal note:Professional liability insurance

• 34 (1) Subject to subsections (2) and (3), a licensee must be insured against professional liability.

• Marginal note:Exception — employee of Her Majesty

  (2) A licensee who is employed by Her Majesty in right of Canada or a province, or by an agent of Her Majesty in right of Canada or an agent or mandatary of Her Majesty in right of a province, is not required to be insured against professional liability for work done as a licensee within the scope of that employment.

• Marginal note:Exception — by-laws

  (3) A licensee may be exempted by the by-laws from the application of subsection (1).

Suspension, Revocation and Surrender of Licences

Marginal note:Suspension

• 35 (1) The Registrar may, in accordance with the by-laws, suspend a licence if the licensee fails to

  • (a) pay the annual fee in accordance with the by-laws;

  • (b) pay, within the time and in the manner provided for under this Act, any other fee or amount that the licensee is required to pay under this Act;

  • (c) provide any information or document in accordance with the by-laws;

  • (d) comply with any requirement that is imposed by the by-laws with respect to continuing professional development;

  • (e) comply with a condition of their licence that is imposed under this Act;

  • (f) comply with any requirement with respect to professional liability insurance that is imposed under this Act; or

  • (g) comply with any other requirement that is imposed under the by-laws.

• Marginal note:Notification

  (2) The Registrar must notify a licensee in writing if their licence is suspended under this section.

• Marginal note:Length of suspension

  (3) A licence is suspended under this section until the licensee complies with the requirements set out in the by-laws to address the failure that led to the suspension or until the licence is revoked by the Registrar under subsection (4).

• Marginal note:Revocation

  (4) The Registrar may, in accordance with the by-laws, revoke a suspended licence if it has been suspended under this section for the applicable period of time that is specified in the by-laws.

Marginal note:Surrender of licence

36 The Registrar may, in accordance with by-laws, approve the surrender of a licence on application by a licensee made in accordance with the by-laws.

Investigations

Duty to Investigate

Marginal note:Investigation

37 The Investigations Committee must, on the basis of a complaint or on its own initiative, conduct an investigation into a licensee’s conduct and activities if it has reasonable grounds to believe that the licensee has committed professional misconduct or was incompetent.

Marginal note:Powers

• 37.1 (1) The Investigations Committee may take any of the following actions in respect of a licensee who is under investigation if it is satisfied that it is necessary for the protection of the public:

  • (a) impose conditions on a licence of the licensee;

  • (b) impose restrictions on the licensee’s entitlement to represent persons under section 27 or 30;

  • (c) suspend a licence of the licensee.

• Marginal note:Notice

  (2) The Investigations Committee must notify the licensee in writing of any action taken in respect of the licensee and must inform them of their right to make an application for a review by the Discipline Committee at any time.

• Marginal note:Action is provisional

  (3) Any action taken under subsection (1) is provisional and ceases to have effect if

  • (a) the Discipline Committee makes a decision under subsection 37.2(2) that amends or revokes the action;

  • (b) the Investigations Committee dismisses the matter under subsection 49(1);

  • (c) the Investigations Committee withdraws the application under section 50;

  • (d) the Discipline Committee exercises its powers under section 56; or

  • (e) the Discipline Committee renders a decision under section 57.

Marginal note:Request for review

• 37.2 (1) A licensee who receives a notice under subsection 37.1(2) may, at any time, request a review of the decision of the Investigations Committee made under subsection 37.1(1) by making an application to the Discipline Committee.

• Marginal note:Decision

  (2) On completion of the review, the Discipline Committee may confirm, amend or revoke any action taken by the Investigations Committee. If the Discipline Committee amends the actions, they cease to have effect in the circumstances referred to in paragraphs 37.1(3)(b) to (e).

• Marginal note:Notice

  (3) The Discipline Committee must, in writing, notify the licensee and the Investigations Committee of its decision and the reasons for it.