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

Consequential Amendments

R.S., c. A-1Access to Information Act

248 Schedule I to the Access to Information Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. P-4Patent Act

249 Section 2 of the Patent Act is amended by adding the following in alphabetical order:

• 250 (1) Paragraph 12(1)(j) of the Act is repealed.

• (2) Subsection 12(1) of the Act is amended by adding the following after paragraph (j):

  • (j.001) respecting the submission, including in electronic form and by electronic means, of documents and information to the Commissioner or the Patent Office, including the time at which they are deemed to be received by the Commissioner or the Patent Office;

  • (j.002) respecting communications between the Commissioner and any other person;

• (3) Subsection 12(1) of the Act is amended by adding the following after paragraph (j.002):

  • (j.003) respecting the circumstances in which an applicant, patentee or other person may or must be represented in business before the Patent Office by a patent agent whose licence is not suspended or by another person;

251 Sections 15 and 16 of the Act are repealed.

• 252 (1) Paragraph 16.1(1)(a) of the Act is replaced by the following:

  • (a) it is between a patent agent and their client;

• (2) Subsections 16.1(4) and (5) of the Act are replaced by the following:

  • Marginal note:Patent agents — country other than Canada

    (4) A communication between an individual who is authorized to act as the equivalent of a patent agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between a patent agent and their client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c).

  • Marginal note:Individual acting on behalf of patent agent or client

    (5) For the purposes of this section, a patent agent or an individual who is authorized to act as the equivalent of a patent agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf.

253 Section 78.1 of the Act is replaced by the following:

R.S., c. P-21Privacy Act

254 The schedule to the Privacy Act is amended by adding the following in alphabetical order under the heading “Other Government Institutions”:

R.S., c. T-13Trade-marks Act

255 Section 28 of the Trade-marks Act is repealed.

• 256 (1) Paragraph 29(1)(c) of the Act is repealed.

• (2) Subsection 29(2) of the Act is replaced by the following:

  • Marginal note:Certified copies

    (2) The Registrar shall, on request and on payment of the prescribed fee, furnish a copy certified by the Registrar of any entry in the register or list, or of any of those applications, requests or documents.

• 257 (1) Paragraph 51.13(1)(a) of the Act is replaced by the following:

  • (a) it is between a trade-mark agent and their client;

• (2) Subsections 51.13(4) and (5) of the Act are replaced by the following:

  • Marginal note:Trade-mark agents — country other than Canada

    (4) A communication between an individual who is authorized to act as the equivalent of a trade-mark agent under the law of a country other than Canada and that individual’s client that is privileged under the law of that other country and that would be privileged under subsection (1) had it been made between a trade-mark agent and their client is deemed to be a communication that meets the conditions set out in paragraphs (1)(a) to (c).

  • Marginal note:Individual acting on behalf of trade-mark agent or client

    (5) For the purposes of this section, a trade-mark agent or an individual who is authorized to act as the equivalent of a trade-mark agent under the law of a country other than Canada includes an individual acting on their behalf and a client includes an individual acting on the client’s behalf.

• (3) Section 51.13 of the Act is amended by adding the following after subsection (6):

  • Marginal note:Definition of trade-mark agent

    (7) In this section, trade-mark agent has the same meaning as in section 2 of the College of Patent Agents and Trade-mark Agents Act.

• 258 (1) Paragraph 65(c.1) of the Act is repealed.

• (2) Section 65 of the Act is amended by striking out “and” at the end of paragraph (d.1) and by adding the following after paragraph (e):

  • (f) the provision of documents, fees and information to the Registrar, including the time at which they are deemed to be received by the Registrar; and

  • (g) communications between the Registrar and any other person.

Coordinating Amendments

Marginal note:2014, c. 39

• 259 (1) In this section, other Act means the Economic Action Plan 2014 Act, No. 2.

• (2) If subsection 118(4) of the other Act comes into force before subsection 250(2) of this Act, then that subsection 250(2) is deemed never to have come into force and is repealed.

• (3) If subsection 250(2) of this Act comes into force before subsection 118(4) of the other Act, then, on the day on which that subsection 118(4) comes into force, paragraphs 12(1)(j.001) and (j.002) of the Patent Act are repealed.

• (4) If subsection 118(4) of the other Act comes into force on the same day as subsection 250(2) of this Act, then that subsection 250(2) is deemed never to come into force and is repealed.

• (5) If subsection 118(4) of the other Act comes into force before subsection 250(3) of this Act, then

  • (a) that subsection 250(3) is repealed; and

  • (b) on the day on which section 249 of this Act comes into force, paragraph 12(1)(j.01) of the Patent Act is replaced by the following:

    • (j.01) respecting the circumstances in which an applicant, patentee or other person may or must be represented in business before the Patent Office by a patent agent whose licence is not suspended or by another person;

• (6) If subsection 250(3) of this Act comes into force before subsection 118(4) of the other Act, then, on the day on which that subsection 118(4) comes into force,

  • (a) paragraph 12(1)(j.003) of the Patent Act is repealed; and

  • (b) paragraph 12(1)(j.01) of the Patent Act is replaced by the following:

    • (j.01) respecting the circumstances in which an applicant, patentee or other person may or must be represented in business before the Patent Office by a patent agent whose licence is not suspended or by another person;

• (7) If subsection 118(4) of the other Act comes into force on the same day as subsection 250(3) of this Act, then

  • (a) that subsection 250(3) is deemed never to have come into force and is repealed; and

  • (b) paragraph 12(1)(j.01) of the Patent Act is replaced by the following:

    • (j.01) respecting the circumstances in which an applicant, patentee or other person may or must be represented in business before the Patent Office by a patent agent whose licence is not suspended or by another person;

• (8) If section 251 of this Act comes into force before section 119 of the other Act, then that section 119 is repealed.

• (9) If section 119 of the other Act comes into force on the same day as section 251 of this Act, then that section 119 is deemed never to have come into force and is repealed.

• (10) If section 139 of the other Act comes into force before section 253 of this Act, then that section 253 is repealed.

• (11) If section 139 of the other Act comes into force on the same day as section 253 of this Act, then that section 253 is deemed never to have come into force and is repealed.

Marginal note:2014, c. 39 and 2015, c. 36

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

  first Act

  first Act means the Economic Action Plan 2014 Act, No. 2. (première loi)

  second Act

  second Act means the Economic Action Plan 2015 Act, No. 1. (deuxième loi)

• (2) On the first day on which both section 139 of the first Act and section 251 of this Act are in force,

  • (a) paragraph 78.22(b) of the Patent Act is amended by striking out the reference to “15” and by making any grammatical changes that the circumstances require; and

  • (b) section 64 of the second Act, if it is not in force on that day, is amended by striking out the reference to “15” in the paragraph 78.22(b) that it enacts and by making any grammatical changes to that paragraph that the circumstances require.

• (3) If subsection (2) produces its effects on the day on which section 64 of the second Act comes into force, then that section 64 is deemed to have come into force before that subsection produces its effects.

• (4) On the first day on which section 139 of the first Act is in force and either section 205 of this Act is in force or subsection 210(6) of this Act has produced its effects,

  • (a) paragraph 78.22(b) of the Patent Act is amended by striking out the reference to “15.1” and by making any grammatical changes that the circumstances require; and

  • (b) section 64 of the second Act, if it is not in force on that day, is amended by striking out the reference to “15.1” in the paragraph 78.22(b) that it enacts and by making any grammatical changes to that paragraph that the circumstances require.

• (5) If subsection (4) produces its effects on the day on which section 64 of the second Act comes into force, then that section 64 is deemed to have come into force before that subsection produces its effects.

Marginal note:2014, c. 20

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

• (2) If section 255 of this Act comes into force before section 338 of the other Act, then that section 338 is repealed.

• (3) If section 338 of the other Act comes into force on the same day as section 255 of this Act, then that section 338 is deemed to have come into force before that section 255.

• (4) If section 357 of the other Act comes into force before subsection 258(1) of this Act, then that subsection 258(1) is replaced by the following:

  • 258 (1) Paragraph 65(f) of the Act is repealed.

• (5) If subsection 258(1) of this Act comes into force before section 357 of the other Act, then that section 357 is amended by repealing the paragraph 65(f) that it enacts.

• (6) If section 357 of the other Act comes into force on the same day as subsection 258(1) of this Act, then that section 357 is deemed to have come into force before that subsection 258(1) and subsection (4) applies as a consequence.

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

• 262 (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 section 357 of the first Act comes into force on or before the day on which subsection 258(2) of this Act comes into force, then

  • (a) that subsection 258(2) is deemed never to have come into force and is repealed; and

  • (b) paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;

• (3) If subsection 50(3) of the second Act comes into force on or before the day on which subsection 258(2) of this Act comes into force and section 357 of the first Act is not in force on that day, then

  • (a) that subsection 258(2) is deemed never to have come into force and is repealed;

  • (b) section 65 of the Trade-marks Act is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f):

    • (g) communications between the Registrar and any other person.

  • (c) on the day on which section 357 of the first Act comes into force, paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;

• (4) If subsection 258(2) of this Act comes into force before section 357 of the first Act and subsection 50(3) of the second Act, then

  • (a) that subsection 50(3) is repealed;

  • (b) subsections 367(85) and (86) of the first Act are repealed; and

  • (c) on the day on which that section 357 comes into force, paragraph 65(l) of the English version of the Trade-marks Act is replaced by the following:

    • (l) respecting communications between the Registrar and any other person;