By-laws of the College of Patent Agents and Trademark Agents (SOR/2023-73)
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Regulations are current to 2024-11-26 and last amended on 2024-01-01. Previous Versions
PART 2 (continued)
Organization of the College (continued)
Committees
Marginal note:Committees created
40 The following committees are created:
(a) the Registration Committee;
(b) the Governance Committee; and
(c) the Audit and Risk Committee.
Marginal note:Registration Committee
41 The Registration Committee is created to, among other things,
(a) set the standards for the qualifying examinations and the evaluation of licensees; and
(b) review the Registrar’s licensing decisions when a request is made under section 66.
Marginal note:Governance Committee
42 The Governance Committee examines governance practices, including Board practices and performance, and makes recommendations to the Board.
Marginal note:Audit and Risk Committee
43 The Audit and Risk Committee assists the Board in fulfilling its fiduciary obligations or obligations of loyalty and good faith and its oversight responsibilities relating to financial planning and reporting, the audit process, the system of corporate controls and risk management and, when required, makes recommendations to the Board.
Marginal note:Remuneration of committee members
44 (1) The College must pay to each member of a committee the remuneration set out in Schedule 2.
Marginal note:Reimbursement of expenses
(2) Every committee member is entitled to reimbursement of reasonable expenses that they incur while performing their duties and functions as committee members.
PART 3
Licensing
Applications
Class 1 Licence
Marginal note:Application
45 (1) An applicant for a class 1 licence must submit an application to the Registrar that contains the following information:
(a) their name, address, telephone number and email address;
(b) proof that they are resident in Canada;
(c) their complete professional employment history;
(d) proof that they successfully completed the applicable agent training program and the qualifying examinations;
(e) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;
(f) any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;
(g) a declaration that the applicant will, when licensed, practise with integrity, uphold the independence of the profession and comply with the Code; and
(h) any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.
Marginal note:Timing and application fee
(2) The application must be submitted to the Registrar within six months after the day on which the College advises the applicant of their successful completion of the qualifying examinations and be accompanied by the fee set out in item 1 of Schedule 1, payable to the College.
Marginal note:Licence fee
(3) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 10 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Class 2 Licence
Marginal note:Application
46 (1) A class 1 licensee who wishes to obtain a class 2 licence must submit an application to the Registrar that contains the following information:
(a) their name, address, telephone number and email address;
(b) their complete professional employment history;
(c) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; and
(d) confirmation of the following:
(i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,
(ii) that they have assigned any matters in progress at CIPO to one or more licensees described in subparagraph (i) and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and
(iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).
Marginal note:Application fee
(2) The application must be accompanied by the fee set out in item 2 of Schedule 1, payable to the College.
Marginal note:Verification of information
(3) The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).
Marginal note:Licence fee
(4) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 12 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Marginal note:Restriction on class 2 licences
47 A class 2 licensee is not entitled to represent persons in the presentation and prosecution of applications for patents or for the registration of trademarks or in other business before CIPO.
Class 3 Licence
Marginal note:Application
48 (1) An applicant for a class 3 licence must submit an application to the Registrar that contains the following information:
(a) their name, address, telephone number and email address;
(b) proof that they are resident in Canada;
(c) their complete professional employment history;
(d) proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;
(e) a criminal record check;
(f) records of any disciplinary sanction by an employer, academic institution, professional regulatory body, or any other body or association of which the applicant is or was a member;
(g) records of any bankruptcy or insolvency;
(h) a declaration that the applicant
(i) has not been served with an application for bankruptcy, made an assignment of property for the benefit of creditors or presented a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act,
(ii) has not had a judgment entered against them by a court,
(iii) is not personally subject to an order for costs,
(iv) has not been charged with, pleaded guilty to or been found guilty of any offence under the Criminal Code, the Controlled Drugs and Substances Act, the Income Tax Act, the Excise Tax Act, a provincial act respecting securities, employment standards or official languages or any other provincial act that creates an offence that implicates an individual’s integrity, and
(v) has not had their professional licence restricted or suspended by a professional regulatory body, or been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body would make its finding;
(i) a list of any degrees, diplomas and certificates that they have been awarded in or outside Canada and the names of the educational institutions that awarded them;
(j) the name of every professional regulatory body under which the applicant is licensed to practise in or outside Canada;
(k) evidence that the applicant is proficient in one or both of the official languages;
(l) a specimen signature, a current photograph and any other information necessary to confirm their identity;
(m) a copy of a training agreement executed by the applicant and their supervisor; and
(n) any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.
Marginal note:Application fee
(2) The application must be accompanied by the fee set out in item 3 of Schedule 1, payable to the College.
Marginal note:Licence fee
(3) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 14 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Marginal note:Conditions on licence
49 The following conditions apply to a class 3 licence:
(a) the licensee must comply with the terms of the training agreement; and
(b) the licensee must not, without the supervision of a class 1 licensee and without a training agreement in effect, represent any person in the presentation or prosecution of an application for a patent or for the registration of a trademark or in any other business before CIPO.
Class 4 Licence
Marginal note:Application
50 (1) A class 1 licensee or class 2 licensee who wishes to obtain a class 4 licence must submit an application to the Registrar that contains the following information:
(a) their name, address, telephone number and email address;
(b) their complete professional employment history;
(c) a declaration that they are not practising as a patent agent or trademark agent; and
(d) confirmation of the following:
(i) that they have completed all client matters or made arrangements to the satisfaction of their clients to have the clients’ files returned to them or transferred to one or more licensees whose class of licence permits them to proceed with the file or files being transferred,
(ii) that they have assigned to one or more licensees described in subparagraph (i) any matters in progress at CIPO and advised the appropriate Office of CIPO in writing of the name of the successor licensee or licensees, and
(iii) the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).
Marginal note:Application fee
(2) The application must be accompanied by the fee set out in item 4 of Schedule 1, payable to the College.
Marginal note:Verification of information
(3) The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).
Marginal note:Licence fee
(4) Before the Registrar issues the licence, the licensee must pay to the College the fee set out in item 16 of Schedule 1, prorated to the number of months remaining in the year following the month in which the licence is issued.
Change of Class of Licence
Marginal note:Application
51 (1) Subject to sections 46 and 50, a class 1 licensee, class 2 licensee or class 4 licensee who wishes to change the class of their licence must submit an application to the Registrar that contains the following information:
(a) their name, address, telephone number and email address;
(b) the class of licence for which they are applying;
(c) their complete professional employment history;
(d) in the case of a change to a class 1 licence or class 2 licence, proof that, as of the effective date of the new licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof of exemption from that requirement and the reason for the exemption; and
(e) proof that they have complied with any continuing professional development requirements of the new class of licence.
Marginal note:Return to practice after three years
(2) A class 4 licensee who has held a class 4 licence for three years or more and who wishes to obtain either a class 1 licence or class 2 licence must submit an application to the Registrar that contains, in addition to the information required under subsection (1), the following information:
(a) any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;
(b) a declaration that the applicant will practise with integrity, uphold the independence of their profession and comply with the Code;
(c) proof that the applicant has completed any remedial training or examinations specified by the Registrar; and
(d) any other information that the Registrar requires to determine whether the applicant meets the requirements of the new class of licence.
Marginal note:Application fee
(3) The application must be accompanied by the applicable fee set out in items 5 to 7 of Schedule 1, payable to the College.
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