Contents
- The Board of Directors of the College of Patent Agents and…
- Part 1
- Part 2
- Part 3
- Part 4
- Part 5
- Part 6
- Part 7
- Part 8
- Schedule 1 (Subsections 45(2) and (3), 46(2) and (4), 48(2) and (3), 50(2) and (4) and 51(3), paragraph 52(c), subsections 55(3), 56(1) and 59(2), paragraph 70(a), subsection 75(1), paragraphs 75(2)(d) and 77(1)(e), section 81, subsection 82(1), paragraph 82(3)(b) and section 89)
- Schedule 2 (Subsections 7(1) and 44(1))
The Board of Directors of the College of Patent Agents and Trademark Agents makes the annexed By-laws of the College of Patent Agents and Trademark Agents under(a) section 75, subsection 76(2) and sections 87 and 88 of the College of Patent Agents and Trademark Agents Act; andnotenotenotenote(b) section 18 of the College of Patent Agents and Trademark Agents Regulations.noteOttawa, April 4, 2023Le président du Conseil d’administration du Collège des agents de brevets et des agents de marques de commerce,Thomas G. ConwayChairperson, Board of DirectorsCollege of Patent Agents and Trademark Agents
Part 1
Interpretation
1Definitions#
The following definitions apply in these By-laws.
Act means the College of Patent Agents and Trademark Agents Act. (Loi)
CIPO means the Canadian Intellectual Property Office and includes the Patent Office and the Office of the Registrar of Trademarks. (OPIC)
class 1 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is not a class 2 or class 4 licence. (permis de catégorie 1)
class 2 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act that is subject to the restriction set out in section 47. (permis de catégorie 2)
class 3 licence means a patent agent in training licence issued under subsection 26(2) of the Act or a trademark agent in training licence issued under subsection 29(2) of the Act. (permis de catégorie 3)
class 4 licence means a patent agent licence issued under subsection 26(1) of the Act or a trademark agent licence issued under subsection 29(1) of the Act, to an individual who is not practising as a patent agent or a trademark agent and who is not providing any services in that capacity to the public or in connection with their employment. (permis de catégorie 4)
foreign practitioner means an individual who is described in subsection 19(1) or 20(1) of the Regulations. (praticien étranger)
professional regulatory body means a body that has a statutory duty to regulate a profession, other than under the Act. (organisme de réglementation professionnelle)
Regulations means the College of Patent Agents and Trademark Agents Regulations. (Règlement)
supervisor means an individual who is authorized under section 64 to act as the supervisor of a class 3 licensee. (superviseur)
2Definition of incompetence#
(2)For the purposes of the Act, professional misconduct means conduct by a licensee that is inconsistent with the standards of professional conduct set out in the Code and that would reasonably be regarded as unprofessional or that may discredit the profession and includes any of the following:
(a)contravening the Act, the Regulations, these By-laws or the Code;
(b)exhibiting behaviour while practising as a patent agent or trademark agent that tends to bring discredit to the profession or undermines public confidence in it;
(c)being convicted of or pleading guilty to an offence described in paragraph 73(d); and
(d)being found by a professional regulatory body to have committed professional misconduct or to be incompetent, incapacitated or unfit to practise within the meaning of the statute under which the body made its finding.
Part 2
Organization of the College
Fiscal Year
Annual General Meeting
4Notice of meeting#
At least 60 days before the day on which the annual general meeting is to take place, the CEO must give public notice of the meeting that sets out the date of the meeting, the means of attendance and, if applicable, the location.
5Agenda#
The agenda for an annual general meeting must include the following items:
(a)the CEO’s presentation of the College’s annual report and audited financial statements;
(b)the Chairperson’s address to the meeting;
(c)questions from the licensees to the Board; and
(d)any additional matter that the Board adds to the agenda.
Board of Directors
6Duties of Board#
(1)The Board has the following duties on behalf of the College:
(a)on an annual basis, appoint an independent auditor to audit the accounts of the College and approve the audited financial statements;
(b)monitor the College’s financial performance;
(c)designate any bank listed in Schedule I to the Bank Act as a bank for the College;
(d)ensure multi-year financial planning by approving the College’s budgets in advance of each fiscal year;
(e)establish and publish an investment policy and appoint an investment dealer, on the recommendation of the CEO;
(f)approve terms of reference and a skills matrix for committees of the College;
(g)in accordance with the Board’s policies, consult with any working groups that the Board establishes to assist with its duties and functions; and
(h)ensure that the College’s and CEO’s actions are compliant with all legal requirements.
(2)The Board has the following duties with respect to the CEO:
(a)provide direction to the work of the CEO by establishing performance expectations, providing regular performance reviews and undertaking succession planning;
(b)develop standards, principles and regulatory objectives;
(d)monitor the performance of the CEO and of the working groups; and
(e)oversee the CEO’s effectiveness with respect to engagement with members and with the public.
7Remuneration#
(1)The College must pay to each director the remuneration set out in Schedule 2.
(2)Every director is entitled to the reimbursement of reasonable expenses that they incur in performing their duties and functions as directors.
8Term of office of elected directors#
The term of office of each elected director begins at the conclusion of the first annual general meeting following their election and ends on the earlier of
(a)the day after the third anniversary of the day on which the term began, and
(b)the conclusion of the fourth annual general meeting following their election.
Election of Directors
9Election process to be published#
The Board must publish the process for the election of directors on the College’s website.
10Distribution of elected directors#
The number of directors elected to the Board is to be divided evenly between patent agents and trademark agents.
11Vacancies#
Each year, the CEO determines if any elected director positions will be vacant at the conclusion of the next annual general meeting. If any positions will be vacant, an election must be held before that meeting to elect the appropriate number of patent agents and trademark agents to satisfy the requirements of section 10.
12Election Commissioner#
(1)The Board must, on the recommendation of the CEO, appoint an Election Commissioner to address any issues that arise concerning the election process, including to rule on
(a)any dispute concerning the ineligibility of a nominee; and
(b)any other dispute that arises during the election period or regarding the election results.
(2)A ruling of the Election Commissioner is not reviewable by the Board.
13Ineligibility criteria#
For the purposes of subparagraphs 14(f)(ii) and 17(h)(iii) of the Act, an individual is not eligible to be an elected director if
(a)in the five years immediately before the day of the election, they have been found to have committed professional misconduct or to be incompetent by the Discipline Committee;
(b)in the five years immediately before the day of the election, they have 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 made its finding;
(c)they are the subject of an action taken by the Investigations Committee under subsection 37.1(1) of the Act;
(d)they are the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act;
(e)they have already served as a director for a period of six years and, on the date of the election, less than two years have elapsed since the end of that period;
(f)they are employed by a department, as defined in section 2 of the Financial Administration Act;
(g)they have not provided the CEO with a declaration regarding conflicts of interest; or
(h)they have not attended an orientation for prospective candidates for election.
14Conflict of interest#
An individual must not be appointed or elected or continue as a director if doing so would place them in a conflict of interest.
15Confirmation of nominations#
(3)If, at the end of the nominations period, the number of eligible nominees for election is less than or equal to the number of vacant director positions, the CEO is to declare those nominees elected and notify the nominees and the members accordingly.
16Notice of withdrawal by candidate#
A candidate who withdraws from an election must give notice to the CEO in writing.
17Voting#
(1)A licensee whose licence is not suspended is eligible to vote in an election for directors.
(2)Voting during an election of directors is to be done by electronic means.
18Disputes concerning election results#
(1)If a candidate asserts that there are reasonable grounds to dispute the validity of the election results, the candidate may file a notice of dispute with the Election Commissioner that must include the procedural defect being alleged.
(2)The notice of dispute must be filed within five days after the day on which the election results are published on the College’s website.
(3)The Election Commissioner must hold an inquiry if they find that the notice of dispute demonstrates reasonable grounds to doubt the validity of the election process.
(4)The Election Commissioner must prepare a written report of their findings and recommendations and submit it to the Board.
19Declaration by Board#
(1)The Board may, after reviewing the Election Commissioner’s report and recommendations, take either of the following actions:
(a)declare the election result to be valid; or
(b)declare the election result to be invalid and
(i)declare another candidate to have been elected, or
(ii)direct that another election be held.
(2)An election result is not invalid based solely on a minor procedural defect.
20Removal — elected directors#
(1)The directors may, by resolution, remove an elected director from office for cause if
(a)a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and
(b)notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.
(2)The directors may, by resolution, request that the Minister remove an appointed director from office for cause if
(a)a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and
(b)notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.
Board Meetings
22Frequency of meetings#
(1)The Board is to meet at least four times each year. The Board sets the location of the meeting or the electronic means to be used in order to hold the meeting.
(2)A Board meeting held by electronic means must be conducted by any means that permits all persons who are participating in the meeting to communicate with each other simultaneously.
25Notice of meeting#
(1)At least seven days before a Board meeting, the CEO must publish on the College’s website
(a)the agenda and any meeting materials that are not confidential; and
(b)any information that enables the public to participate in the meeting, including how to access the meeting if it is to be held by electronic means.
(2)Failure of the CEO to publish the notice does not invalidate the meeting.
27Simple majority#
Subject to sections 20 and 34, a motion or resolution tabled at a Board meeting is decided by a majority vote of the directors who are in attendance at the meeting.
28Adjournments#
The Chairperson may, with the consent of a majority of directors who are in attendance at a meeting, adjourn the meeting to a fixed time and place.
29In camera meetings#
(1)The Board may exclude the public from a Board meeting to discuss any matter if the Board is of the opinion that the harm of public disclosure of the matter under consideration outweighs the benefits of open discussion and attendance by the public.
30Special Board meetings — notice#
(1)The Chairperson, or any three directors, may call a special Board meeting to be held by electronic means by providing at least 24 hours’ written notice to the CEO.
(2)As soon as feasible after receiving the notice, the CEO must
(a)advise the directors and the public of the reason for the meeting, the date and time when it will be held, and the electronic means for participating in the meeting; and
(b)publish on the College’s website the agenda and any meeting materials that are not confidential.
(3)Failure of the CEO to publish the notice does not invalidate the meeting.
Officers
31Chairperson and CEO#
(1)The Chairperson and the CEO are the officers of the College.
(2)The CEO serves ex officio and does not have a vote at Board meetings.
32Duties of Chairperson#
The Chairperson has the following duties:
(a)carry out the College’s business;
(b)act as the spokesperson for the Board; and
(c)participate in the Board’s decision-making.
33Election of Chairperson#
(1)The Board is to elect a Chairperson from among the directors, for a term of two years.
(2)If the office of Chairperson becomes vacant before the end of the two-year term, the Board is to elect a replacement Chairperson, to hold office until the end of the original term, at which time an election to fill the position must be held.
34Removal of Chairperson#
The directors may, by resolution, remove the Chairperson from office if
(a)a motion is made to remove the Chairperson and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and
(b)notice of the intention to make the motion is provided to the Board and the Chairperson at least two weeks in advance of the vote on the motion.
35Vice-chairperson#
(1)The Board may elect a Vice-chairperson from among the directors, on a temporary basis for a term to be specified by the Chairperson at the time of the election.
(2)A Vice-chairperson has the following duties:
(a)perform the duties of the Chairperson when the Chairperson is absent or otherwise unavailable to act; and
(b)carry out any other duties and responsibilities that are assigned by the Board.
36Duties of CEO#
The CEO has the following duties:
(a)provide leadership, support and strategic advice to the Board to assist the Board in meeting its obligations and objectives;
(b)manage, coordinate and maintain the College’s operations, administration, finances and organization;
(c)develop operational and management policies for the College;
(d)counsel and assist the Board and committees in carrying out their assigned functions;
(e)assist the Board in complying with all relevant legislation and policies;
(f)administer the election process for the election of directors, including
(i)each year, determining whether an election is needed,
(ii)confirming the eligibility of nominees to become candidates for election, and
(iii)publishing the dates of elections on the College’s website;
(g)engage, direct and supervise employees and contractors of the College and develop succession plans for College staff and contracted functions;
(h)maintain accurate minutes of Board meetings and have them approved by the Board and maintained by the College;
(i)act as the spokesperson for the College;
(j)when the College submits its annual report to the Minister, make public the amounts paid to directors and committee members as remuneration and expense reimbursements; and
(k)perform all other duties and functions that are assigned by the Board.
Registrar
38Duties of Registrar#
The Registrar has the following duties:
(a)establish regulatory policies, either on their own initiative or at the request of the Board or a committee, and publish them on the College’s website; and
(b)perform all other duties and functions that are assigned by the Board or under the Act, the Regulations or these By-laws.
39Deputy Registrar#
(1)The Board must appoint a Deputy Registrar, who serves as acting Registrar during the Registrar’s absence.
(2)If the office of Registrar becomes vacant and there is no Deputy Registrar, the Board must appoint an individual to serve as acting Registrar until a new Registrar is appointed.
Committees
40Committees created#
The following committees are created:
(a)the Registration Committee;
(b)the Governance Committee; and
(c)the Audit and Risk Committee.
41Registration Committee#
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.
42Governance Committee#
The Governance Committee examines governance practices, including Board practices and performance, and makes recommendations to the Board.
43Audit and Risk Committee#
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.
Part 3
Licensing
Applications
Class 1 Licence
45Application#
(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.
(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.
(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
46Application#
(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,
(iii)the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).
(2)The application must be accompanied by the fee set out in item 2 of Schedule 1, payable to the College.
(3)The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).
(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.
Class 3 Licence
48Application#
(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.
(2)The application must be accompanied by the fee set out in item 3 of Schedule 1, payable to the College.
(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.
49Conditions on licence#
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
50Application#
(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,
(iii)the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i).
(2)The application must be accompanied by the fee set out in item 4 of Schedule 1, payable to the College.
(3)The Registrar may seek independent verification from a successor licensee of the information submitted by a licensee under subparagraph (1)(d)(ii).
(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
51Application#
(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.
(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.
(3)The application must be accompanied by the applicable fee set out in items 5 to 7 of Schedule 1, payable to the College.
Qualifying Examinations
52Process#
The Registrar must publish on the College’s website information about the qualifying examinations that includes
(a)the dates of the examinations;
(b)the registration process;
(c)the examination fee set out in item 8 of Schedule 1;
(d)the process for administering examinations;
(e)the method of communication of the examination results; and
(f)a statement that it is possible to request a re-marking of the examination.
53Examination advisory group#
The Registrar may appoint an advisory group composed of any combination of class 1 licensees, class 2 licensees and representatives of CIPO to assist the Registrar in preparing, administering and marking the qualifying examinations.
54Training program#
A class 3 licensee may write the qualifying examinations after they have completed a training program approved by the Registrar.
55Qualifying examinations#
(1)Subject to subsection (2), a class 3 licensee must write the qualifying examinations at the first sitting of the examinations that follows the completion of their training program.
(2)If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.
(3)The licensee must pay to the College the examination fee set out in item 8 of Schedule 1 to write the qualifying examinations or any part of the examinations.
56Re-marking examinations#
(1)A licensee who receives less than a passing mark on the qualifying examinations may, on payment to the College of the fee set out in item 9 of Schedule 1, request that their examinations or any part of their examinations be re-marked.
(2)Subsection (1) does not apply if the re-marking will not materially affect the outcome and result in a passing mark.
(3)If the re-marking of a licensee’s examinations results in their receiving a passing mark, the fee for re-marking paid under subsection (1) must be reimbursed to the licensee.
(4)Re-marking results are not reviewable by the Registration Committee under section 66.
57Failure in examinations#
(1)A licensee who does not initially receive a passing mark on the qualifying examinations may write them only one additional time, and must do so at the first sitting of the examinations that takes place after they receive their examination results or the results of any re-marking under subsection 56(1).
(2)If a licensee is not able to write the examinations as required by subsection (1) for a reason beyond their control, the Registrar may, on request of the licensee, allow the licensee to write the examinations at the next following sitting.
58Undertaking#
A licensee referred to in subsection 57(1) must give an undertaking in writing to the Registrar that they agree not to practise until they have entered into a new training agreement with the same or another supervisor.
59Remedial training#
(1)If a class 3 licensee does not receive a passing mark on the qualifying examinations within two years after the day on which they complete the training program, they must provide the Registrar with a remedial training and education plan prepared in conjunction with their supervisor or, if they have no supervisor, in accordance with any conditions that the Registrar may impose on their licence.
(2)On completion of the remedial training and education plan, the licensee may, despite subsection 57(1), request to rewrite the qualifying examinations or any part of the examinations, on payment to the College of the fee set out in item 8 of Schedule 1.
60Waiver or modification of requirements#
If an applicant for a licence or a licensee is unable to meet any requirement for licensing or training for reasons beyond their control, the Registrar may waive or modify that requirement on request by the applicant or licensee.
61Registrar may impose conditions#
The Registrar may impose either or both of the following conditions on a licence at the time of its issuance or reinstatement if it is in the public interest to do so:
(a)that the licensee complete any remedial training and examinations specified by the Registrar; and
(b)that the licensee work under the supervision of or in conjunction with a class 1 licensee approved by the Registrar, for a specified period.
62Effective date#
The Registrar must set the effective date of a licence when it is issued or reinstated.
63Accommodation for applicants or licensees#
The Registrar must reasonably accommodate an applicant for a licence or a licensee if they provide the Registrar with satisfactory information that demonstrates the need for an accommodation in order to provide a fair opportunity for the applicant or licensee to successfully complete any of the applicable training, qualifying examinations or other licensing requirements.
Supervisors
64Eligibility#
(1)The following individuals are eligible to act as the supervisor of a class 3 licensee:
(a)a class 1 licensee;
(b)subject to subsection (3), a class 2 licensee;
(c)a representative of CIPO.
(2)The Registrar must authorize an eligible individual set out in subsection (1) to act as the supervisor of a class 3 licensee if they apply to the Registrar and
(a)have completed the supervisor training program;
(b)demonstrate in their application how they will provide training that focuses on ethical and competent practices;
(c)are not the subject of an investigation under section 37 of the Act;
(d)are not the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; and
(e)do not have a suspended licence.
(3)In addition to meeting the requirements of subsection (2), a class 2 licensee must provide the Registrar with a training plan that demonstrates how the class 3 licensee under their supervision will receive training in the areas in which the class 2 licensee’s practice is restricted under section 47.
(4)A supervisor must retake any part or all of the supervisor training program, as specified by the Registrar, if there are reasonable grounds to believe that the supervisor requires remedial training in some or all aspects of being a supervisor.
65Revocation of authorization#
The Registrar must revoke a supervisor’s authorization if
(a)the supervisor no longer meets any of the criteria set out in paragraphs 64(2)(b) to (e);
(b)the supervisor does not comply with subsection 64(4) when required; or
(c)the supervisor’s licence is suspended or revoked.
Review of Registrar’s Decisions with Respect to Licensing
66Registrar’s decisions reviewable#
An applicant for a licence or a licensee may request that the Registration Committee review any licensing decision of the Registrar with respect to their application or licence, as applicable.
67Registration Committee#
(1)On receipt of a request made under section 66, the Registration Committee must consider the request and
(a)affirm or vary the Registrar’s decision or dismiss the request; or
(b)hold a hearing on the merits of the request and, at the conclusion of the hearing, affirm or vary the Registrar’s decision or dismiss the request.
(2)The Registration Committee may request that the Registrar obtain additional information from the applicant or licensee and provide it to the Committee, at any time during the Committee’s consideration of the request, including during any hearing of the request.
(3)The Registration Committee must provide reasons to the applicant or licensee in writing for each action it takes under subsection (1).
(4)If the Registration Committee varies the Registrar’s decision, the Registrar must give effect to the varied decision without delay and notify the applicant or licensee and, if applicable, their supervisor.
(5)The Registration Committee’s decision is final and not reviewable by the Board.
Part 4
Obligations of Licensees
Obligations
68Requirements#
A licensee must meet the following requirements in order to maintain the validity of their licence:
(a)have the necessary skills and competencies to practise the profession; and
(b)be of good character and remain fit to practise.
69Professional liability insurance#
(1)The professional liability insurance required by subsection 34(1) of the Act must meet the following requirements:
(a)be issued by a company licensed in Canada;
(b)cover claims made in and outside Canada;
(c)indemnify the licensee for any civil liability that arises from their acting as either a patent agent or a trademark agent; and
(d)have coverage limits of no less than $1 million per claim and $2 million aggregate per year.
(2)The following licensees are exempt from the requirement in subsection 34(1) of the Act to be insured against professional liability:
(a)a class 3 licensee who has neither a supervisor nor a training agreement in effect and who has given an undertaking under section 58;
(b)a class 4 licensee;
(c)any licensee who is employed by an employer that carries on business in Canada and who provides patent agent or trademark agent services solely to their employer and not to the public.
(d)[Repealed, SOR/2023-73, s. 90] (repealed)
note
70Annual requirements#
On or before March 31 of each year, every licensee must
(a)pay to the College the applicable fee set out in items 10 to 16 of Schedule 1;
(b)except for a class 4 licensee, file the annual licensee report with the Registrar;
(c)if they are a class 3 licensee, provide the Registrar with the name of their supervisor; and
(d)if they are a class 4 licensee, provide the Registrar with their contact information and a declaration that they
(i)continue to be resident in Canada,
(ii)have complied with the requirements of section 73, and
(iii)are not practising as a patent agent or trademark agent.
71Annual report#
The annual licensee report must contain all the following information in respect of the licensee:
(a)confirmation of the mailing and civic addresses of each location of their business or practice, their email address and telephone number, and, if applicable, the name of their firm;
(b)the areas of their practice and the approximate percentage by time or billings associated with each area;
(c)the name of any professional regulatory body under which they are licensed;
(d)confirmation of their professional liability insurance and the name of the insurer, or confirmation that they are exempt from the requirement to be so insured and the reason for the exemption;
(e)the official language or languages in which they are able to practise as a patent agent or trademark agent;
(f)their continuing professional development plan for the next year and a declaration that they have completed the previous year’s plan;
(g)a declaration that they continue to be resident in Canada;
(h)a declaration that they have complied with the requirements of section 73; and
(i)any other information or documents that the Registrar determines are necessary to carry on the activities of the College.
72Extension of deadlines#
The Registrar may, having regard to the specific circumstances of the licensee, extend the deadline for payment of the licence renewal fees by a licensee and for filing the annual licensee report.
73Licensees to advise Registrar#
A licensee must advise the Registrar in writing as soon as feasible after the occurrence of any of the following:
(a)they are served with an application for bankruptcy, make an assignment of property for the benefit of creditors or present a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act;
(b)they have a judgment entered against them by a court;
(c)they are personally subject to an order for costs;
(d)they are charged with, plead guilty to or are 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; or
(e)they have their professional licence restricted or suspended by a professional regulatory body, or are 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 made its finding.
Licence Suspension
74Notice of suspension#
The Registrar must give the notice under subsection 35(2) of the Act to the licensee at least seven days before the licence suspension is to take effect and must include in the notice the reasons for the suspension.
75Lifting of suspension#
(1)The Registrar must reinstate a licence suspended under section 35 of the Act if the licensee, within three years after the date of the suspension, corrects the failure that resulted in the suspension and pays to the College the reinstatement fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.
(2)The Registrar must reinstate a licence that has been suspended under section 35 of the Act for more than three years if the Registrar determines that the licensee is of good character, is fit to practise and has
(a)corrected the failure that resulted in the suspension;
(b)completed any continuing professional development requirements that the Registrar may specify;
(c)completed any further training and examinations that the Registrar may specify to address the failure that resulted in the suspension; and
(d)paid to the College the fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.
Revocation
76Revocation after five-year suspension — notice#
For the purpose of subsection 35(4) of the Act, the Registrar may revoke a licence that has been suspended for at least five years by giving notice to the licensee at their last known email address at least 30 days before the day on which the revocation is to take effect.
Surrender of Licence
77Application to surrender — requirements#
(1)A licensee who wishes to surrender their licence under section 36 of the Act must submit an application to the Registrar that contains the following information:
(a)their current and, if available, future contact information;
(b)the reason for the surrender of the licence;
(c)their complete professional employment history;
(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,
(iii)the location of any of their files that are not returned to the clients or transferred as described in subparagraph (i); and
(e)the applicable fees set out in items 18 and 19 of Schedule 1, together with any outstanding fees owed by the licensee, payable to the College.
(2)The Registrar may seek independent verification from a successor licensee of the information provided by a licensee under subparagraph (1)(d)(ii).
78Surrender — approval and effective date#
The Registrar may approve the surrender of a licence and set the effective date of the surrender if the Registrar is satisfied that the application to surrender the licence is complete and that the licensee is not the subject of
(a)an investigation under section 37 of the Act; or
(b)an application by the Investigations Committee under subsection 49(1) of the Act.
Part 5
Registers and Certificates
80Removal of personal information by Registrar#
The Registrar must not make public in the Registers any of a licensee’s personal information, as defined in section 3 of the Privacy Act, that was added in accordance with section 28 or 31 of the Act.
81Registrar’s certificate#
On the request of a licensee and on payment to the College of the fee set out in item 20 of Schedule 1, the Registrar must produce a certificate that sets out the information in respect of the licensee that is contained in the Register.
82Foreign practitioners — requirements#
(1)A foreign practitioner who makes a request under paragraph 19(1)(b) or 20(1)(b) of the Regulations must pay to the College the fee set out in item 21 of Schedule 1.
(2)In order to continue to be included in the Register, a foreign practitioner must provide the statement required by subsection 19(2) or 20(2) of the Regulations each year during the period beginning on May 1 and ending on June 30.
(3)The statement must be accompanied by
(a)proof, furnished by the relevant competent authority in the foreign practitioner’s country of residence, that they are authorized to act as a patent agent or as a trademark agent in that country; and
(b)the fee set out in item 22 of Schedule 1, payable to the College.
(4)The Registrar may, having regard to the specific circumstances of a foreign practitioner, extend the deadline for payment of the fee referred to in paragraph (3)(b).
83Change of status#
A foreign practitioner must notify the Registrar in writing without delay of the occurrence of any of the following:
(a)they become a resident of Canada;
(b)their country of residence changes, in which case they must provide the name of their new country of residence;
(c)the country where they are authorized as a patent agent or trademark agent changes, in which case they must provide proof of the new authorization, furnished by the relevant competent authority; or
(d)they cease to be authorized to act as a patent agent or trademark agent in any country.
84Removal from Registers#
The Registrar must remove from the Registers the name and contact information of any individual who no longer meets the requirements set out in paragraph 19(1)(a) or 20(1)(a) or subsection 19(2) or 20(2) of the Regulations.
Part 6
Investigations
85Investigation#
The Registrar must not dismiss a complaint when there are reasonable grounds to believe that the licensee who is the subject of the complaint has committed professional misconduct or was incompetent.
86Request for appeal#
A complainant’s request under subsection 38.1(4) of the Act for an appeal of the Registrar’s decision must be made in writing.
87Licensee’s application for review of provisional action#
(2)The Registrar must forward the application for review to the Discipline Committee together with a copy of the decision to be reviewed.
(3)The Discipline Committee may request
(a)that the licensee provide it with any additional information the Committee considers necessary to make its decision under subsection 37.2(2) of the Act; and
(b)that the Investigations Committee provide it with any of the information and documents that the Investigations Committee considered in making its decision under subsection 37.1(1) of the Act.
88Notice of investigation#
The notice under section 38 of the Act must
(a)be made in writing;
(b)request that the licensee provide any further representations in writing within 30 days after the day of the notice; and
(c)inform the licensee that there is to be no oral hearing in connection with the complaint.
Part 7
Fees
89Annual adjustment#
Every fee set out in Schedule 1 is to be adjusted in each fiscal year on January 1 by the percentage change in the October All-items Consumer Price Index for Canada — as published by Statistics Canada under the Statistics Act — between the month of October in the preceding year and the month of October in the year before that year, and rounded to the next highest dollar.
Part 8
Amendment to These By-laws, Repeals and Coming into Force
Coming into Force
Schedule 1 · (Subsections 45(2) and (3), 46(2) and (4), 48(2) and (3), 50(2) and (4) and 51(3), paragraph 52(c), subsections 55(3), 56(1) and 59(2), paragraph 70(a), subsection 75(1), paragraphs 75(2)(d) and 77(1)(e), section 81, subsection 82(1), paragraph 82(3)(b) and section 89)
Item | Description | Fee ($)1 | Application for a class 1 licence | 2502 | Application for a class 2 licence | 1503 | Application for a class 3 licence | 2504 | Application for a class 4 licence | 1505 | Change from a class 2 licence to a class 1 licence | 1506 | Change from a class 4 licence to a class 1 licence or class 2 licence, less than three years | 1507 | Change from a class 4 licence to a class 1 licence or a class 2 licence, three years or more | 2508 | Register to write the qualifying examinations or any part of the examinations | 3509 | Request to re-mark failed qualifying examinations, per part of the examinations | 50010 | Issuance or renewal of a class 1 licence | 1,80011 | Renewal of a class 1 licence for a licensee who is both a patent agent and a trademark agent | 2,70012 | Issuance or renewal of a class 2 licence | 1,50013 | Renewal of a class 2 licence for a licensee who is both a patent agent and a trademark agent | 2,25014 | Issuance and first and second renewals of a class 3 licence | 15015 | Renewal of a class 3 licence, third and subsequent renewals | 20016 | Issuance or renewal of a class 4 licence | 10017 | Reinstatement of a suspended licence | 25018 | Application to surrender a class 1 licence or a class 2 licence | 25019 | Application to surrender a class 3 licence or a class 4 licence | 10020 | Issuance of a Registrar’s certificate | 10021 | Foreign practitioner — initial inclusion in the Register | 25022 | Foreign practitioner — maintain name in the Register for one year | 180
Schedule 2 · (Subsections 7(1) and 44(1))
Item | Description | Amount ($)1 | Annual remuneration, Chairperson | 20,0002 | Annual remuneration, director | 5,0003 | Monthly remuneration, Vice-chairperson | 1,2504 | Allowance for attendance at a Board meeting, Chairperson — less than four hours | 5255 | Allowance for attendance at a Board meeting, Chairperson — four hours or more | 1,0506 | Allowance for attendance at a Board meeting, Vice-chairperson — less than four hours | 4507 | Allowance for attendance at a Board meeting, Vice-chairperson — four hours or more | 9008 | Allowance for attendance at a Board meeting, director — less than two hours | 1509 | Allowance for attendance at a Board meeting, director — two hours or more but less than four hours | 35010 | Allowance for attendance at a Board meeting, director — four hours or more | 70011 | Allowance for attendance at a committee meeting, committee chairperson — less than four hours | 52512 | Allowance for attendance at a committee meeting, committee chairperson — four hours or more | 1,05013 | Allowance for attendance at a committee meeting, committee member — less than two hours | 15014 | Allowance for attendance at a committee meeting, committee member — two hours or more but less than four hours | 35015 | Allowance for attendance at a committee meeting, committee member — four hours or more | 70016 | Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of less than two hours | 15017 | Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of two hours or more but less than four hours | 35018 | Allowance for preparation time by a non-director committee member for a committee meeting, excluding Discipline Committee hearings, of four hours or more | 70019 | Travel allowance to attend a Board meeting or committee meeting — less than four hours of travel time | 17520 | Travel allowance to attend a Board meeting or committee meeting — four hours or more of travel time | 35021 | Allowance for attendance at a Discipline Committee hearing, first and second days — less than four hours | 35022 | Allowance for attendance at a Discipline Committee hearing, first and second days — four hours or more | 70023 | Allowance for attendance at a Discipline Committee hearing, third and subsequent days — less than four hours | 50024 | Allowance for attendance at a Discipline Committee hearing, third and subsequent days — four hours or more | 1,000
Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.