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Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act

(S.C. 2017, c. 6)

(as amended up to December 13, 2018)

An Act to implement the Comprehensive Economic and Trade Agreement between

Canada and the European Union and its Member States and to provide for certain

other measures

SUMMARY

This enactment implements the Comprehensive Economic and Trade Agreement

between Canada and the European Union and its Member States, done at Brussels

on October 30, 2016.

The general provisions of the enactment set out rules of interpretation and specify

that no recourse may be taken on the basis of sections 9 to 14 or any order made

under those sections, or on the basis of the provisions of the Agreement, without the

consent of the Attorney General of Canada.

Part 1 approves the Agreement and provides for the payment by Canada of its share

of the expenses associated with the operation of the institutional and administrative

aspects of the Agreement and for the power of the Governor in Council to make

orders in accordance with the Agreement.

Part 2 amends certain Acts to bring them into conformity with Canada’s obligations

under the Agreement and to make other modifications. In addition to making the

customary amendments that are made to certain Acts when implementing such

agreements, Part 2 amends

(a) the Export and Import Permits Act to, among other things,

(i) authorize the Minister designated for the purposes of that Act to issue

export permits for goods added to the Export Control List and subject to origin

quotas in a country or territory to which the Agreement applies,

(ii) authorize that Minister, with respect to goods subject to origin quotas in

another country that are added to the Export Control List for certain purposes,

to determine the quantities of goods subject to such quotas and to issue

export allocations for such goods, and

(iii) require that Minister to issue an export permit to any person who has

been issued such an export allocation;

(b) the Patent Act to, among other things,

(i) create a framework for the issuance and administration of certificates of

supplementary protection, for which patentees with patents relating to

pharmaceutical products will be eligible, and

(ii) provide further regulation-making authority in subsection 55.2(4) to permit

the replacement of the current summary proceedings in patent litigation

arising under regulations made under that subsection with full actions that will

result in final determinations of patent infringement and validity;

(i) protect EU geographical indications found in Annex 20-A of the Agreement,

(ii) provide a mechanism to protect other geographical indications with respect

to agricultural products and foods,

(iii) provide for new grounds of opposition, a process for cancellation,

exceptions for prior use for certain indications, for acquired rights and for

certain terms considered to be generic, and

(iv) transfer the protection of the Korean geographical indications listed in the

Canada–Korea Economic Growth and Prosperity Act into the Trade-marks

Act;

(d) the Investment Canada Act to raise, for investors that are non-state-owned

enterprises from countries that are parties to the Agreement or to other trade

agreements, the threshold as of which investments are reviewable under Part IV

of the Act; and

(e) the Coasting Trade Act to

(i) provide that the requirement in that Act to obtain a licence is not applicable

for certain activities carried out by certain non-duty paid or foreign ships that

are owned by a Canadian entity, EU entity or third party entity under Canadian

or European control, and

(ii) provide, with respect to certain applications for a licence for dredging

made on behalf of certain of those ships, for exemptions from requirements

that are applicable to the issuance of a licence.

Part 3 contains consequential amendments and Part 4 contains coordinating

amendments and the coming-into-force provision.

Her Majesty, by and with the advice and consent of the Senate and House of

Commons of Canada, enacts as follows:

Short Title Short title

1 This Act may be cited as the Canada–European Union Comprehensive Economic

and Trade Agreement Implementation Act.

Interpretation Definitions

2 The following definitions apply in this section and in sections 3 to 14.

Agreement means the Comprehensive Economic and Trade Agreement between

Canada and the European Union and its Member States, done at Brussels on

October 30, 2016. (Accord)

CETA Joint Committee means the CETA Joint Committee established under

Article 26.1 of the Agreement. (Comité mixte de l’AÉCG)

federal law means the whole or any portion of an Act of Parliament or a regulation,

order or other instrument issued, made or established in the exercise of a power

conferred by or under an Act of Parliament. (texte législatif fédéral)

Minister means the Minister for International Trade. (ministre)

Interpretation consistent with Agreement

3 For greater certainty, this Act and any federal law that implements a provision of

the Agreement or fulfils an obligation of the Government of Canada under the

Agreement is to be interpreted in a manner consistent with the Agreement.

Non-application of Act and Agreement to water

4 For greater certainty, nothing in this Act or the Agreement, except Chapters

Twenty-Two and Twenty-Four of the Agreement, applies to natural surface or ground

water in liquid, gaseous or solid state.

Construction

5 For greater certainty, nothing in this Act, by specific mention or omission, is to be

construed to affect in any manner the right of Parliament to enact legislation to

implement any provision of the Agreement or fulfil any of the obligations of the

Government of Canada under the Agreement.

Her Majesty Binding on Her Majesty

6 This Act is binding on Her Majesty in right of Canada.

Purpose Purpose

7 The purpose of this Act is to implement the Agreement, the objectives of which, as

elaborated more specifically through its provisions, are to

(a) establish a free trade area in accordance with the Agreement;

(b) promote, through the expansion of reciprocal trade, the harmonious

development of the economic relations between Canada and the European Union

in order to create opportunities for economic development;

the European Union;

(d) substantially increase investment opportunities in Canada and the European

Union, while preserving the right of each of the parties to the Agreement to

regulate to achieve legitimate policy goals;

(e) eliminate barriers to trade in goods and services in order to contribute to the

harmonious development and expansion of world and regional trade;

(f) provide adequate and effective protection and enforcement of intellectual

property rights in the territory where the Agreement applies;

(g) protect, enhance and enforce basic workers’ rights, strengthen cooperation on

labour matters, and build on the respective international commitments of Canada

and the European Union on labour matters;

(h) enhance and enforce environmental laws and regulations and strengthen

cooperation between Canada and the European Union on environmental matters;

and

(i) promote sustainable development.

Causes of Action Causes of action under sections 9 to 14

8 (1) No person has any cause of action and no proceedings of any kind are to be

taken, without the consent of the Attorney General of Canada, to enforce or

determine any right or obligation that is claimed or arises solely under or by virtue of

sections 9 to 14 or an order made under those sections.

Causes of action under Agreement

(2) No person has any cause of action and no proceedings of any kind are to be

taken, without the consent of the Attorney General of Canada, to enforce or

determine any right or obligation that is claimed or arises solely under or by virtue of

the Agreement.

Exception

(3) Subsection (2) does not apply with respect to causes of action arising out of, and

proceedings taken under, Section F of Chapter Eight or Article 13.21 of the

Agreement.

PART 1

Implementation of the Agreement

Approval and Representation on the CETA Joint Committee

Agreement approved

9 The Agreement is approved.

Canadian representative on CETA Joint Committee

10 The Minister is the principal representative of Canada on the CETA Joint

Committee.

Tribunals, Arbitration Panels and Panels of Experts

Powers of Minister

11 (1) The Minister may

(a) propose the names of individuals to serve as members of the tribunals

established under Section F of Chapter Eight of the Agreement; and

(b) propose the names of individuals to be included in the sub-lists referred to in

paragraph 1 of Article 29.8 of the Agreement.

Power of Minister of Finance

(2) The Minister of Finance may propose the names of individuals to be included in

the sub-lists referred to in paragraph 3 of Article 13.20 of the Agreement.

Powers of Minister of Labour

(3) The Minister of Labour may propose the names of individuals to be included in

the list established under paragraph 6 of Article 23.10 of the Agreement and

propose, for inclusion in that list, the names of individuals to serve as the chairperson

of a Panel of Experts established under that Article.

Powers of Minister of the Environment

(4) The Minister of the Environment may propose the names of individuals to be

included in the list established under paragraph 6 of Article 24.15 of the Agreement

and propose, for inclusion in that list, the names of individuals to serve as the

chairperson of a Panel of Experts established under that Article.

Operation of Chapter Twenty-Nine

12 The Minister is to designate an agency, division or branch of the Government of

Canada to facilitate the operation of Chapter Twenty-Nine of the Agreement.

Expenses

Payment of expenses

13 The Government of Canada is to pay its appropriate share of the aggregate of

(a) the expenses incurred by tribunals established under the Agreement and the

remuneration and expenses payable to members of those tribunals;

(b) the expenses incurred by arbitration panels and Panels of Experts established

under the Agreement and the remuneration and expenses payable to those

arbitrators, panellists on those Panels of Experts and mediators; and

committees, bilateral dialogues, working groups and other bodies established

under the Agreement and the remuneration and expenses payable to

representatives on the CETA Joint Committee and those specialized committees

and to members of those bilateral dialogues, working groups and other bodies.

Orders

Orders re Article 29.14 of Agreement

14 (1) The Governor in Council may, for the purpose of suspending obligations in

accordance with Article 29.14 of the Agreement, by order, do any one or more of the

following:

(a) suspend rights or privileges granted by Canada to the European Union and its

member states or to goods, service suppliers, investors or investments of

investors of the European Union and its member states under the Agreement or

any federal law;

(b) modify or suspend the application of any federal law with respect to the

European Union and its member states or to goods, service suppliers, investors

or investments of investors of the European Union and its member states;

member states or to goods, service suppliers, investors or investments of

investors of the European Union and its member states;

(d) take any other measure that the Governor in Council considers necessary.

Period of order

(2) Unless repealed, an order made under subsection (1) has effect for the period

specified in the order.

PART 2

Related Amendments R.S., c. E-19

Export and Import Permits Act 1994, c. 47, s. 100; 2006, c. 13, s. 109

15 (1) The definitions export allocation and import allocation in subsection 2(1)

of the Export and Import Permits Act are replaced by the following:

export allocation means an export allocation issued under paragraph 6.2(2)(b) or

6.3(3)(b); (autorisation d’exportation)

import allocation means an import allocation issued under paragraph 6.2(2)(b);

(autorisation d’importation)

(2) The definition free trade partner in subsection 2(1) of the Act is amended by

adding the following after paragraph (a):

(a.1) an EU country or other CETA beneficiary,

(3) Subsection 2(1) of the Act is amended by adding the following in

alphabetical order:

CETA has the same meaning as Agreement in section 2 of the Canada–European

Union Comprehensive Economic and Trade Agreement Implementation Act;

(AÉCG)

EU country or other CETA beneficiary has the same meaning as in subsection 2

(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de

l’AÉCG)

2014, c. 14, s. 17(2)

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

Goods imported from certain countries

(2) For the purposes of this Act, goods are imported from one of the following

countries or territories if they are shipped directly to Canada from that country or

territory, within the meaning of sections 17 and 18 of the Customs Tariff:

a NAFTA country

an EU country or other CETA beneficiary

Chile

Costa Rica

Honduras

2004, c. 15, s. 54; 2006, c. 13, s. 110

16 The portion of subsection 3(1) of the French version of the Act before

paragraph (a) is replaced by the following:

Liste : exportation contrôlée

3 (1) Le gouverneur en conseil peut dresser une liste des marchandises et des

technologies dont, à son avis, il est nécessaire de contrôler l’exportation ou le

transfert à l’une ou plusieurs des fins suivantes :

17 (1) The portion of subsection 5(1) of the French version of the Act before

paragraph (a) is replaced by the following:

Liste des marchandises d’importation contrôlée

5 (1) Le gouverneur en conseil peut dresser la liste des marchandises d’importation

contrôlée comprenant les articles dont, à son avis, il est nécessaire de contrôler

l’importation pour l’une ou plusieurs des fins suivantes :

2012, c. 26, s. 53

(2) Subsection 5(3.4) of the Act is replaced by the following:

Exception for goods imported from certain countries

(3.4) An order made under subsection (3) or (3.2) may exclude goods of any kind

imported from a country listed in Schedule 1 if it appears to the satisfaction of the

Governor in Council, on the basis of a report under the Canadian International Trade

Tribunal Act, that the quantity of those goods being imported is not a principal cause

of serious injury or threat of serious injury to domestic producers of like or directly

competitive goods.

2014, c. 14, s. 18

18 Subsections 5.2(1) and (2) of the Act are replaced by the following:

Addition to Export Control List or Import Control List — Schedule 2

5.2 (1) If at any time it appears to the satisfaction of the Governor in Council that it is

advisable to collect information with respect to the exportation or importation of any

goods in respect of which a specified quantity is eligible each year for the rate of duty

provided for in provisions, set out in column 2 of Schedule 2, of an intergovernmental

arrangement set out in column 1, the Governor in Council may, by order and without

reference to that quantity, include those goods on the Export Control List or the

Import Control List, or on both, in order to facilitate the collection of that information.

Addition to Import Control List — Schedule 3

(2) If at any time it appears to the satisfaction of the Governor in Council that, for the

purposes of implementing an intergovernmental arrangement set out column 1 of

Schedule 3, it is advisable to collect information with respect to the importation of any

goods listed in the provisions of that arrangement set out in column 2, the Governor

in Council may, by order, include those goods on the Import Control List in order to

facilitate the collection of that information.

1994, c. 47, s. 106

19 The heading before section 6.2 of the Act is replaced by the following:

Import or Export Access 20 (1) Section 6.2 of the Act is amended by adding the following after

subsection (1):

Determination of quantities — export

(1.1) If any goods, other than softwood lumber products to which section 6.3 applies,

have been included on the Export Control List under paragraph 3(1)(d), for the

purpose of implementing CETA, or under paragraph 3(1)(f), the Minister may

determine export access quantities, or the basis for calculating them, for the

purposes of subsection (2), 7(1) or (1.1) or section 8.31.

1994, c. 47, s. 106

(2) The portion of subsection 6.2(2) of the Act before paragraph (a) is replaced

by the following:

Allocation method

(2) If the Minister has determined a quantity of goods under subsection (1) or (1.1),

the Minister may

1994, c. 47, s. 106

(3) Paragraph 6.2(2)(b) of the Act is replaced by the following:

(b) issue an import allocation or an export allocation, as the case may be, to any

resident of Canada who applies for the allocation, subject to the regulations and

any terms and conditions the Minister may specify in the allocation.

1994, c. 47, s. 106

(4) Subsection 6.2(3) of the Act is replaced by the following:

Transfer of allocation

(3) The Minister may consent to the transfer of an import allocation or an export

allocation from one resident of Canada to another.

21 The Act is amended by adding the following after section 8.3:

Export permits — allocation

8.31 Despite subsection 7(1), if goods have been included on the Export Control List,

the Minister shall, at the request of any person who has been issued an export

allocation under paragraph 6.2(2)(b) with respect to the goods, issue to that person a

permit to export the goods, subject to

(a) the export allocation; and

(b) the person’s compliance with any regulations made under section 12.

2001, c. 28, s. 50; 2014, c. 14, s. 19

22 Section 9.1 of the Act is replaced by the following:

Minister may issue certificate — Schedule 4

9.1 The Minister may, for the purpose of implementing an intergovernmental

arrangement with a country listed in column 1 of Schedule 4 or with an international

organization acting on behalf of such a country — or of implementing an

intergovernmental arrangement applicable to a territory listed in column 1 —

respecting the administration of the provisions set out in column 2, issue a certificate

with respect to an exportation of goods to that country or territory stating the specific

quantity of those goods that, on importation into the country or territory, is eligible for

the rate of duty provided for in the provisions set out in column 3.

2012, c. 26, s. 54

23 The schedule to the Act is renumbered as Schedule 1.

24 The Act is amended by adding, after Schedule 1, the Schedules 2 to 4 set

out in Schedule 1 to this Act.

R.S., c. F-11

Financial Administration Act

25 Schedule VII to the Financial Administration Act is amended by adding the

following in alphabetical order:

Comprehensive Economic and Trade Agreement between Canada and the

European Union and its Member States, done at Brussels on October 30, 2016.

R.S., c. F-27

Food and Drugs Act

26 Subsection 30(1) of the Food and Drugs Act is amended by striking out

“and” at the end of paragraph (q) and by adding the following after paragraph

(r):

(s) respecting the implementation, in relation to any food, drug, cosmetic or

device, of international agreements that affect them; and

(t) prescribing anything that by this Act is to be prescribed.

1993, c. 34, s. 73; 2004, c. 23, s. 3

27 Section 37 of the Act is replaced by the following:

Conditions under which exports exempt

37 (1) This Act does not apply to any packaged food, drug, cosmetic or device if

(a) it is manufactured or prepared in Canada;

(b) it is intended for export and is not manufactured or prepared for consumption

or use in Canada nor sold for consumption or use in Canada;

requirement of the law of the country to which it is or is about to be consigned has

been issued in respect of the package and its contents in prescribed form and

manner; and

(d) the packaged food, drug, cosmetic or device meets any other prescribed

requirement.

Exception — Act

(1.1) Despite subsection (1),

(a) section 4, subsection 5(1) and section 7 apply to any food;

(b) section 8, subsection 9(1) and section 11 apply to any drug that is not a

natural health product within the meaning of the Natural Health Products

Regulations;

(d) section 19 and subsection 20(1) apply to any device.

Exception — regulations

(1.2) Despite subsection (1), any prescribed provision of the regulations respecting

the method of manufacture, preparation, preserving, packaging, storing and testing

of any food, drug, cosmetic or device continues to apply to any packaged food, drug,

cosmetic or device.

Exception — General Council Decision

(2) Despite subsection (1), this Act applies in respect of any drug or device to be

manufactured for the purpose of being exported in accordance with the General

Council Decision, as defined in subsection 30(6), and the requirements of the Act

and the regulations apply to the drug or device as though it were a drug or device to

be manufactured and sold for consumption or use in Canada, unless the regulations

provide otherwise.

R.S., c. I-3

Importation of Intoxicating Liquors Act

28 Section 2 of the Importation of Intoxicating Liquors Act is amended by

adding the following in alphabetical order:

EU country or other CETA beneficiary has the same meaning as in subsection 2

(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de

l’AÉCG)

2012, c. 26, s. 58

29 The portion of paragraph 3(2)(f.1) of the Act before subparagraph (i) is

replaced by the following:

(f.1) the importation of bulk spirits into a province from a country or territory listed

in column 1 of the schedule by a licensed distiller for the purpose of being

packaged by the distiller, if the spirits

2012, c. 26, s. 59; 2014, c. 14, s. 22

30 The heading of column 1 of the schedule to the Act is replaced by “Country

or Territory”.

31 The schedule to the Act is amended by adding, in alphabetical order, a

reference to “EU country or other CETA beneficiary” in column 1 and a

corresponding reference to “Canada–European Union Tariff in the List of Tariff

Provisions set out in the schedule to the Customs Tariff” in column 2.

R.S., c. P-4

Patent Act

32 (1) The definition regulation and rule in section 2 of the Patent Act is

repealed.

1994, c. 47, s. 141

(2) The definition country in section 2 of the Act is replaced by the following:

country includes a WTO Member, as defined in subsection 2(1) of the World Trade

Organization Agreement Implementation Act; (pays)

(3) The definition legal representatives in section 2 of the Act is replaced by

the following:

legal representatives includes heirs, executors, administrators of the estate,

liquidators of the succession, guardians, curators, tutors, transferees and all other

persons claiming through applicants for patents and patentees of inventions or

through holders of certificates of supplementary protection; (représentants légaux)

(4) Section 2 of the Act is amended by adding the following in alphabetical

order:

regulation includes a rule or form; (règlement)

rule includes a regulation or form; (règle)

(5) Section 2 of the Act is amended by adding the following in alphabetical

order:

certificate of supplementary protection means a certificate issued by the Minister

of Health under section 113; (certificat de protection supplémentaire)

holder means, with respect to a certificate of supplementary protection, the person

for the time being that is entitled to the benefit of the certificate; (titulaire)

33 Subsection 7(1) of the Act is replaced by the following:

Officers of Patent Office not to deal in patents, etc.

7 (1) No officer or employee of the Patent Office shall buy, sell, acquire or traffic in

any invention, patent, right to a patent, certificate of supplementary protection or right

to such a certificate, or any interest in any of them, and every purchase, sale,

acquisition or transfer of any of them, or of any interest in any of them, made by or to

such an officer or employee is void or, in Quebec, null.

R.S., c. 33 (3rd Supp.), s. 3

34 (1) Paragraph 12(1)(a) of the French version of the Act is replaced by the

following:

a) régir la forme et le contenu des demandes de brevet;

R.S., c. 33 (3rd Supp.), s. 3

(2) Paragraph 12(1)(g) of the French version of the Act is replaced by the

following:

g) régir le paiement des taxes réglementaires, y compris le moment et la manière

selon laquelle ces taxes doivent être payées, les surtaxes qui peuvent être levées

pour les paiements en souffrance, ainsi que les circonstances dans lesquelles les

taxes peuvent être remboursées en tout ou en partie;

1993, c. 15, s. 29(2)

(3) Paragraph 12(1)(j.8) of the Act is replaced by the following:

(j.8) authorizing the Commissioner to extend, subject to any prescribed terms and

conditions, the time fixed by or under this Act in respect of any business before

the Patent Office for doing anything where the Commissioner is satisfied that the

circumstances justify the extension;

R.S., c. 33 (3rd Supp.), s. 7

35 Section 26 of the Act is replaced by the following:

Annual report

26 The Commissioner shall, in each year, cause to be prepared and laid before each

House of Parliament a report of the Commissioner’s activities under this Act.

1993, c. 15, s. 34

36 Section 29 of the Act is repealed.

37 (1) Section 47 of the Act is amended by adding the following after

subsection (1):

Certificate of supplementary protection

(1.1) Subsection (1) also applies in the case where the original patent is set out in a

certificate of supplementary protection and the original patent’s term has expired,

except that in that case the issuance of the new patent, whose term remains expired,

is for the purpose of establishing the rights, privileges and liberties granted under the

certificate.

(2) Subsection 47(2) of the French version of the Act is replaced by the

following:

Effet du nouveau brevet

(2) L’abandon visé au paragraphe (1) ne prend effet qu’au moment de la délivrance

du nouveau brevet, et ce nouveau brevet, ainsi que la description et spécification

rectifiée, a le même effet en droit, dans l’instruction de toute action engagée par la

suite pour tout motif survenu subséquemment, que si cette description et

spécification rectifiée avait été originalement déposée dans sa forme corrigée, avant

la délivrance du brevet original. Dans la mesure où les revendications du brevet

original et du brevet redélivré sont identiques, un tel abandon n’atteint aucune

instance pendante au moment de la redélivrance, ni n’annule aucun motif d’instance

alors existant, et le brevet redélivré, dans la mesure où ses revendications sont

identiques à celles du brevet original, constitue une continuation du brevet original et

est maintenu en vigueur sans interruption depuis la date du brevet original.

38 Subsection 53(3) of the Act is repealed.

1993, c. 2, s. 4; 2001, c. 10, s. 2(2)

39 Subsection 55.2(4) of the Act is replaced by the following:

Regulations

(4) The Governor in Council may make regulations respecting the infringement of

any patent that, directly or indirectly, could result or results from the making,

construction, use or sale of a patented invention in accordance with subsection (1),

including regulations

(a) respecting the conditions that must be fulfilled before a document — including

a notice, certificate or permit — concerning any product to which a patent may

relate may be issued to any person under any Act of Parliament that regulates

the manufacture, construction, use or sale of that product, in addition to any

conditions provided for by or under that Act;

(b) respecting the earliest day on which such a document may be issued to a

person and the earliest day on which it may take effect, and respecting the

manner in which each day is to be determined;

circumstances where, directly or indirectly, the document’s issuance could result

or results in the infringement of a patent;

(d) respecting the prevention and resolution of disputes with respect to the day on

which such a document may be issued or take effect;

(e) respecting the prevention and resolution of disputes with respect to the

infringement of a patent that could result directly or indirectly from the

manufacture, construction, use or sale of a product referred to in paragraph (a);

(f) respecting the resolution of disputes with respect to the infringement of a

patent that results directly or indirectly from the manufacture, construction, use or

sale of such a product;

(g) conferring rights of action with respect to disputes referred to in any of

paragraphs (d) to (f);

(h) restricting or excluding the application of other rights of action under this Act

or another Act of Parliament to disputes referred to in any of paragraphs (d) to (f);

(i) designating the court of competent jurisdiction in which a proceeding with

respect to rights of action referred to in paragraph (g) is to be heard;

(j) respecting such proceedings, including the procedure of the court in the

matter, the defences that may be pleaded, the remedies that may be sought, the

joinder of parties and of rights of action and the consolidation of other

proceedings, the decisions and orders the court may make and any appeals from

those decisions and orders; and

(k) specifying who may be an interested person for the purposes of subsection 60

(1) with respect to disputes referred to in paragraph (e).

1993, c. 15, s. 49

40 Section 62 of the Act is replaced by the following:

Judgment voiding patent

62 A patent, or part of a patent, that is voided by a judgment shall be and be held to

have been void and of no effect, unless the judgment is reversed on appeal as

provided in section 63.

41 Subsection 66(3) of the Act is repealed.

42 Subsection 68(2) of the Act is replaced by the following:

Service

(2) The Commissioner shall consider the matters alleged in the application and

declarations referred to in subsection (1) and, if satisfied that the applicant has a

bona fide interest and that a case for relief has been made, the Commissioner shall

direct the applicant to serve copies of the application and declarations on the

patentee and on any other persons appearing from the records of the Patent Office

to be interested in the patent, and the applicant shall advertise the application both

(a) in the Canada Gazette; and

(b) on the website of the Canadian Intellectual Property Office or in any other

prescribed location.

43 Section 75 of the Act is replaced by the following:

Offences

75 (1) Every person is guilty of an indictable offence and is liable to a fine of not

more than $200 or to imprisonment for a term of not more than three months, or to

both, who

(a) without the consent of the patentee, marks in any way on anything made or

sold by the person, and for the sole making or selling of which they are not the

patentee, the name or any imitation of the name of any patentee for the sole

making or selling of that thing;

(b) without the consent of the patentee, marks in any way on anything not

purchased from the patentee, the words “Patent”, “Letters Patent”, “Queen’s (or

King’s) Patent”, “Patented” or any word or words with a similar meaning, with the

intent of counterfeiting or imitating the stamp, mark or device of the patentee, or

of deceiving the public and inducing them to believe that the thing in question was

made or sold by or with the patentee’s consent; or

article that is neither patented in Canada nor protected by a certificate of

supplementary protection in Canada.

Certificate of supplementary protection

(2) Every person is guilty of an indictable offence and is liable to a fine of not more

than $200 or to imprisonment for a term of not more than three months, or to both,

who

(a) during the term of a certificate of supplementary protection, without the

consent of the certificate’s holder, marks in any way on anything made or sold by

the person, and for the sole making or selling of which they are not the holder of a

certificate of supplementary protection, the name or any imitation of the name of

any holder of a certificate of supplementary protection for the sole making or

selling of that thing;

(b) after a certificate of supplementary protection has been issued and before the

end of its term, without the consent of the certificate’s holder, marks in any way

on anything not purchased from that holder the words “Certificate of

Supplementary Protection”, “Protected by a Certificate of Supplementary

Protection” or any words with a similar meaning, with the intent of counterfeiting

or imitating that holder’s stamp, mark or device, or of deceiving the public and

inducing them to believe that the thing in question was made or sold by or with

that holder’s consent; or

certificate of supplementary protection in Canada any article that

(i) is neither patented in Canada nor protected by a certificate of

supplementary protection in Canada, or

(ii) is patented in Canada but for which no certificate of supplementary

protection has been issued.

44 Subsection 78(1) of the Act is replaced by the following:

Time limit deemed extended

78 (1) If any time limit or period of limitation specified under this Act, in respect of any

business before the Patent Office, expires on a day when the Patent Office is closed

for business, that time limit or period of limitation shall be deemed to be extended to

the next day when the Patent Office is open for business.

1993, c. 2, s. 7

45 The heading “Patented Medicines” before section 79 of the Act is replaced

by the following:

Patented or Protected Medicines 1993, c. 2. , s. 7

46 (1) The definition breveté ou titulaire d’un brevet in subsection 79(1) of the

French version of the Act is replaced by the following:

breveté ou titulaire d’un brevet La personne ayant pour le moment droit à l’avantage

d’un brevet pour une invention liée à un médicament, ainsi que quiconque peut

exercer tout droit d’un titulaire dans un cadre autre qu’une licence prorogée en vertu

du paragraphe 11(1) de la Loi de 1992 modifiant la Loi sur les brevets. (patentee)

(2) Subsection 79(1) of the Act is amended by adding the following in

alphabetical order:

medicine includes a drug, as defined in section 104, and a medicinal ingredient;

(médicament)

rights holder means, in respect of an invention pertaining to a medicine, a patentee

and the person for the time being entitled to the benefit of a certificate of

supplementary protection for that invention, and includes, if any other person is

entitled to exercise rights in relation to the certificate, that other person in respect of

those rights; (titulaire de droits)

1993, c. 2, s. 7

47 (1) The portion of subsection 80(1) of the Act before paragraph (a) is

replaced by the following:

Pricing information, etc., required by regulations

80 (1) A rights holder for an invention pertaining to a medicine shall, as required by

and in accordance with the regulations, provide the Board with the information and

documents that the regulations may specify respecting

1993, c. 2, s. 7

(2) Paragraph 80(1)(c) of the English version of the Act is replaced by the

following:

to the rights holder in Canada or is within the knowledge or control of the rights

holder;

1993, c. 2, s. 7

(3) The portion of subsection 80(2) of the Act before paragraph (a) is replaced

by the following:

Former rights holder

(2) Subject to subsection (3), a person who is a former rights holder for an invention

pertaining to a medicine shall, as required by and in accordance with the regulations,

provide the Board with the information and documents that the regulations may

specify respecting

1993, c. 2, s. 7

(4) Paragraphs 80(2)(b) and (c) of the Act are replaced by the following:

(b) the price at which the medicine was sold in any market in Canada and

elsewhere during the period in which the person was a rights holder for the

invention;

whether incurred before or after the patent was issued or the certificate of

supplementary protection took effect, if that information is available to the person

in Canada or is within the knowledge or control of the person;

1993, c. 2, s. 7

(5) Subsection 80(3) of the Act is replaced by the following:

Limitation

(3) Subsection (2) does not apply to a person who has not, for a period of three or

more years, been entitled to the benefit of the patent or certificate of supplementary

protection, as the case may be, or to exercise any rights in relation to the patent or

certificate.

1993, c. 2, s. 7

48 (1) Subsection 81(1) of the Act is replaced by the following:

Pricing information, etc. required by Board

81 (1) The Board may, by order, require a rights holder or former rights holder for an

invention pertaining to a medicine to provide the Board with information and

documents respecting

(a) in the case of a rights holder, any of the matters referred to in paragraphs 80

(1)(a) to (e);

(b) in the case of a former rights holder, any of the matters referred to in

paragraphs 80(2)(a) to (e); and

1993, c. 2, s. 7

(2) Subsection 81(2) of the English version of the Act is replaced by the

following:

Compliance with order

(2) A rights holder or former rights holder in respect of whom an order is made under

subsection (1) shall comply with the order within the time that is specified in the order

or as the Board may allow.

1993, c. 2, s. 7

(3) Subsection 81(3) of the Act is replaced by the following:

Limitation

(3) No order may be made under subsection (1) in respect of a former rights holder

who, more than three years before the day on which the order is proposed to be

made, ceased to be entitled to the benefit of the patent or certificate of

supplementary protection, as the case may be, or to exercise any rights in relation to

the patent or certificate.

1993, c. 2, s. 7

49 (1) Subsections 82(1) and (2) of the Act are replaced by the following:

Notice of introductory price

82 (1) A rights holder for an invention pertaining to a medicine who intends to sell the

medicine in a market in Canada in which it has not previously been sold shall, as

soon as practicable after determining the date on which the medicine will be first

offered for sale in that market, notify the Board of its intention and of that date.

Pricing information and documents

(2) If the Board receives a notice under subsection (1) from a rights holder or

otherwise has reason to believe that a rights holder for an invention pertaining to a

medicine intends to sell the medicine in a market in Canada in which the medicine

has not previously been sold, the Board may, by order, require the rights holder to

provide the Board with information and documents respecting the price at which the

medicine is intended to be sold in that market.

1993, c. 2, s. 7

(2) Subsection 82(3) of the English version of the Act is replaced by the

following:

Compliance with order

(3) Subject to subsection (4), a rights holder in respect of whom an order is made

under subsection (2) shall comply with the order within the time that is specified in

the order or as the Board may allow.

1993, c. 2, s. 7

(3) Subsection 82(4) of the Act is replaced by the following:

Limitation

(4) No rights holder shall be required to comply with an order made under subsection

(2) prior to the 60th day preceding the date on which the rights holder intends to first

offer the medicine for sale in the relevant market.

1993, c. 2, s. 7; 1994, c. 26, s. 54(F)

50 Section 83 of the Act is replaced by the following:

Order re excessive prices

83 (1) If the Board finds that a rights holder for an invention pertaining to a medicine

is selling the medicine in any market in Canada at a price that, in the Board’s

opinion, is excessive, the Board may, by order, direct the rights holder to cause the

maximum price at which the rights holder sells the medicine in that market to be

reduced to the level that the Board considers not to be excessive and that is

specified in the order.

Order re excessive prices

(2) Subject to subsection (4), if the Board finds that a rights holder for an invention

pertaining to a medicine has, while a rights holder, sold the medicine in any market in

Canada at a price that, in the Board’s opinion, was excessive, the Board may, by

order, direct the rights holder to do any one or more of the following things that will,

in the Board’s opinion, offset the amount of the excess revenues estimated by it to

have been derived by the rights holder from the sale of the medicine at an excessive

price:

(a) reduce the price at which the rights holder sells the medicine in any market in

Canada, to the extent and for the period that are specified in the order;

(b) to the extent and for the period that are specified in the order, reduce the price

at which the rights holder sells, in any market in Canada, any other medicine to

which a patented invention, or invention protected by a certificate of

supplementary protection, of the rights holder pertains;

Order re excessive prices

(3) Subject to subsection (4), if the Board finds that a former rights holder for an

invention pertaining to a medicine had, while a rights holder, sold the medicine in any

market in Canada at a price that, in the Board’s opinion, was excessive, the Board

may, by order, direct the former rights holder to do any one or more of the following

things that will, in the Board’s opinion, offset the amount of the excess revenues

estimated by it to have been derived by the former rights holder from the sale of the

medicine at an excessive price:

(a) to the extent and for the period that are specified in the order, reduce the price

at which the former rights holder sells, in any market in Canada, a medicine to

which a patented invention, or invention protected by a certificate of

supplementary protection, of the former rights holder pertains; or

(b) pay to Her Majesty in right of Canada an amount that is specified in the order.

If policy to sell at excessive price

(4) If the Board, having regard to the extent and duration of the sales of the medicine

at an excessive price, is of the opinion that the rights holder or former rights holder

has engaged in a policy of selling the medicine at an excessive price, the Board may,

by order, in lieu of any order it may make under subsection (2) or (3), as the case

may be, direct the rights holder or former rights holder to do any one or more of the

things referred to in that subsection that will, in the Board’s opinion, offset not more

than twice the amount of the excess revenues estimated by it to have been derived

by the rights holder or former rights holder from the sale of the medicine at an

excessive price.

Excess revenues

(5) In estimating the amount of excess revenues under subsection (2), (3) or (4), the

Board shall not consider any revenues derived by a rights holder or former rights

holder before December 20, 1991 or any revenues derived by a former rights holder

after they ceased to be entitled to the benefit of the patent or certificate of

supplementary protection, as the case may be, or to exercise any rights in relation to

the patent or certificate.

Right to hearing

(6) Before the Board makes an order under this section, it shall provide the rights

holder or former rights holder with a reasonable opportunity to be heard.

Limitation period

(7) No order may be made under this section in respect of a former rights holder

who, more than three years before the day on which the proceedings in the matter

commenced, ceased to be entitled to the benefit of the patent or certificate of

supplementary protection, as the case may be, or to exercise any rights in relation to

the patent or certificate.

1993, c. 2, s. 7

51 (1) Subsections 84(1) and (2) of the Act are replaced by the following:

Compliance

84 (1) A rights holder or former rights holder who is required by any order made

under section 83 to reduce the price of a medicine shall commence compliance with

the order within one month after the date of the order or within a greater period after

that date that the Board determines is practical and reasonable, having regard to the

circumstances of the rights holder or former rights holder.

Compliance

(2) A rights holder or former rights holder who is directed by any order made under

section 83 to pay an amount to Her Majesty shall pay that amount within one month

after the date of the order or within a greater period after that date that the Board

determines is practical and reasonable, having regard to the circumstances of the

rights holder or former rights holder.

1993, c. 2, s. 7

(2) Subsection 84(3) of the English version of the Act is replaced by the

following:

Debt due to Her Majesty

(3) An amount payable by a rights holder or former rights holder to Her Majesty

under any order made under section 83 constitutes a debt due to Her Majesty and

may be recovered in any court of competent jurisdiction.

1993, c. 2, s. 7

52 Subsection 85(3) of the Act is replaced by the following:

Research costs

(3) In determining under section 83 whether a medicine is being or has been sold in

any market in Canada at an excessive price, the Board shall not take into

consideration research costs other than the Canadian portion of the world costs

related to the research that led to the invention pertaining to that medicine or to the

development and commercialization of that invention, calculated in proportion to the

ratio of sales by the rights holder in Canada of that medicine to total world sales.

1993, c. 2, s. 7

53 Subsections 88(1) and (2) of the Act are replaced by the following:

Sales and expense information, etc., to be provided

88 (1) A rights holder for an invention pertaining to a medicine shall, as required by

and in accordance with the regulations, or as the Board may, by order, require,

provide the Board with the information and documents that the regulations or the

order may specify respecting

(a) the identity of the licensees in Canada of the rights holder;

(b) the revenue of the rights holder, and details of the source of the revenue,

whether direct or indirect, from sales of medicine in Canada; and

development relating to medicine.

Additional information

(2) If the Board believes on reasonable grounds that any person has information or

documents pertaining to the value of sales of medicine in Canada by a rights holder

or the expenditures made by a rights holder in Canada on research and development

relating to medicine, the Board may, by order, require the person to provide the

Board with any of the information or documents that are specified in the order, or

with copies of them.

1993, c. 2, s. 7

54 (1) Subsection 89(1) of the Act is replaced by the following:

Report

89 (1) The Board shall in each year submit to the Minister a report setting out

(a) the Board’s estimate of the proportion, as a percentage, that the expenditures

of each rights holder in Canada in the preceding year on research and

development relating to medicine is of the revenues of those rights holders from

sales of medicine in Canada in that year; and

(b) the Board’s estimate of the proportion, as a percentage, that the total of the

expenditures of rights holders in Canada in the preceding year on research and

development relating to medicine is of the total of the revenues of those rights

holders from sales of medicine in Canada in that year.

1993, c. 2, s. 7

(2) Subsection 89(3) of the Act is replaced by the following:

Exception

(3) The Board shall, in the report, identify the rights holders in respect of whom an

estimate referred to in subsection (1) is given in the report, and may, in the report,

identify any person who has failed to comply with subsection 88(1) or (2) at any time

in the year in respect of which the report is made.

1993, c. 2, s. 7

55 Subsection 96(4) of the Act is replaced by the following:

Guidelines

(4) Subject to subsection (5), the Board may issue guidelines with respect to any

matter within its jurisdiction but such guidelines are not binding on the Board or any

rights holder or former rights holder.

1993, c. 2, s. 7

56 Subsections 100(2) and (3) of the Act are replaced by the following:

Contents

(2) The report shall contain

(a) a summary of pricing trends in the pharmaceutical industry; and

(b) the name of each rights holder and former rights holder in respect of whom an

order was made under subsection 81(1) or 82(2) or section 83 during the year

and a statement as to the status of the matter in respect of which the order was

made.

Report summary

(3) The summary referred to in paragraph (2)(a) may be based on information and

documents provided to the Board by any rights holder or former rights holder under

section 80, 81 or 82 or in any proceeding under section 83, but shall not be set out in

a manner that would make it possible to identify that rights holder or former rights

holder.

1993, c. 2, s. 7

57 (1) Paragraph 101(1)(d) of the English version of the Act is replaced by the

following:

(d) specifying factors for the purposes of subsection 85(1) or (2), including factors

relating to the introductory price of any medicine to which a patented invention, or

invention protected by a certificate of supplementary protection, pertains;

1993, c. 2, s. 7

(2) Paragraph 101(1)(h) of the English version of the Act is replaced by the

following:

(h) requiring or authorizing the Board to perform the duties, in addition to those

provided for in this Act, that are specified in the regulations, including duties to be

performed by the Board in relation to the introductory price of any medicine to

which a patented invention, or invention protected by a certificate of

supplementary protection, pertains; and

1999, c. 26, s. 50

58 Section 103 of the Act is replaced by the following:

Agreements with provinces

103 The Minister may enter into agreements with any province respecting the

distribution of, and may pay to that province out of the Consolidated Revenue Fund,

amounts received or collected by the Receiver General under section 83 or 84 or in

respect of an undertaking given by a rights holder or former rights holder that is

accepted by the Board in lieu of holding a hearing or making an order under section

83, less any costs incurred in relation to the collection and distribution of those

amounts.

1999, c. 26, s. 50

59 The Act is amended by adding the following after section 103:

Supplementary Protection for Inventions — Medicinal Ingredients

Interpretation

Definitions

104 The following definitions apply in this section and in sections 105 to 134.

authorization for sale has the meaning assigned by regulations. (autorisation de

mise en marché)

drug means a substance or a mixture of substances manufactured, sold or

represented for use in

(a) the diagnosis, treatment, mitigation or prevention of a disease, disorder or

abnormal physical state, or its symptoms, in human beings or animals; or

(b) restoring, correcting or modifying organic functions in human beings or

animals. (drogue)

Minister means the Minister of Health. (ministre)

Interpretation

105 (1) For the purposes of this section and sections 106 to 134, if a patent is

reissued under section 47, it is deemed to have been granted on the day on which

the original patent was granted and its application filing date is deemed to be the day

on which the application for the original patent was filed.

Human and veterinary uses

(2) For the purposes of this section and sections 106 to 134, a medicinal ingredient

or combination of medicinal ingredients contained in a drug authorized for human

use and a medicinal ingredient or combination of medicinal ingredients contained in

a drug authorized for veterinary use are to be treated as different medicinal

ingredients or different combinations of medicinal ingredients, as the case may be.

Same medicinal ingredient — human use

(3) If medicinal ingredients contained in drugs authorized for human use differ from

each other only with respect to a prescribed variation, they are to be treated as the

same medicinal ingredient for the purposes of this section and sections 106 to 134.

Same medicinal ingredient — veterinary use

(4) If medicinal ingredients contained in drugs authorized for veterinary use differ

from each other only with respect to a prescribed variation, they are to be treated as

the same medicinal ingredient for the purposes of this section and sections 106 to

134.

Same combination — human use

(5) If combinations of medicinal ingredients contained in drugs authorized for human

use differ from each other only with respect to a variation in the ratio between those

ingredients, they are to be treated as the same combination of medicinal ingredients

for the purposes of this section and sections 106 to 134.

Same combination — veterinary use

(6) If combinations of medicinal ingredients contained in drugs authorized for

veterinary use differ from each other only with respect to a variation in the ratio

between those ingredients, they are to be treated as the same combination of

medicinal ingredients for the purposes of this section and sections 106 to 134.

Application for Certificate of Supplementary Protection

Application

106 (1) On the payment of the prescribed fee, a patentee may apply to the Minister

for a certificate of supplementary protection for a patented invention if all of the

following conditions are met:

(a) the patent is not void and it meets any prescribed requirements;

(b) the filing date for the application for the patent is on or after October 1, 1989;

combination of medicinal ingredients, contained in a drug for which an

authorization for sale of the prescribed kind was issued on or after the day on

which this section comes into force;

(d) the authorization for sale is the first authorization for sale that has been issued

with respect to the medicinal ingredient or the combination of medicinal

ingredients, as the case may be;

(e) no other certificate of supplementary protection has been issued with respect

to the medicinal ingredient or the combination of medicinal ingredients, as the

case may be;

(f) if an application for a marketing approval, equivalent to an authorization for

sale, was submitted in a prescribed country with respect to the medicinal

ingredient or combination of medicinal ingredients, as the case may be, before

the application for the authorization for sale was filed with the Minister, the

application for the authorization for sale was filed before the end of the prescribed

period that begins on the day on which the first such application for a marketing

approval was submitted.

Issuance — paragraph (1)(e)

(2) Another certificate of supplementary protection is considered to have been issued

for the purposes of paragraph (1)(e) even if that other certificate is subsequently held

to be invalid or void or it never takes effect or ceases to have effect.

When application to be filed

(3) An application for a certificate of supplementary protection shall be filed with the

Minister before the end of the prescribed period that begins on

(a) the day on which the authorization for sale is issued, if the patent is granted

on or before that day; or

(b) the day on which the patent is granted, if the patent is granted after the day on

which the authorization for sale is issued.

Exception

(4) Despite subsection (3), no application shall be filed within the prescribed period

preceding the expiry of the term of the patent under section 44 without taking into

account section 46.

Contents of application

(5) An application for a certificate of supplementary protection shall

(a) set out the number, as recorded in the Patent Office, of the patent — as well

as the medicinal ingredient or combination of medicinal ingredients and the

number of the authorization for sale — in relation to which the certificate is

sought;

(b) if paragraph (1)(f) applies with respect to the application, specify the day on

which the first application for a marketing approval that is equivalent to an

authorization for sale was made and the country in which that application was

made; and

One patent per application

(6) Each application is permitted to set out only one patent.

Information to be provided

107 (1) An applicant shall provide the Minister with any additional information that the

Minister considers necessary.

Refusal

(2) Whenever the Minister is satisfied that any of the requirements set out in section

106 are not met with respect to an application for a certificate of supplementary

protection, the Minister may refuse the application. The Minister shall notify the

applicant of a refusal and of the grounds for it.

Order of priority — same authorization for sale

108 (1) Subsections (2) to (4) apply in determining the priority of applications for a

certificate of supplementary protection that set out the same authorization for sale.

Patents granted on or before authorization for sale

(2) An application setting out a patent that was granted on or before the day on

which the authorization for sale was issued has the same priority as every other such

application.

Priority over patents granted after authorization for sale

(3) An application setting out a patent that was granted on or before the day on

which the authorization for sale was issued has priority over an application setting

out a patent that is granted after that date.

Patents granted after authorization for sale — priority

(4) Priority among applications setting out patents that were granted after the day on

which the authorization for sale was issued is established according to the date on

which the patent was granted, with an earlier date having priority over a later date

and patents granted on the same date having the same priority.

Applications with same authorization for sale and priority

109 If two or more pending applications set out the same authorization for sale and

have the same priority, the Minister shall provide each applicant with a written notice

setting out the name and contact information of all the applicants, as well as the

number, as recorded in the Patent Office, of the patent set out in each application.

Declaration of non-compliance

110 (1) A pending application for a certificate of supplementary protection may be

declared invalid or void by the Federal Court for non-compliance with section 106 at

the instance of another applicant whose application for a certificate sets out the

same authorization for sale and the same priority.

Limitation

(2) A proceeding to obtain a declaration under subsection (1) shall be commenced

before the end of the prescribed period that begins on the day that is specified by the

Minister in the written notice sent under section 109.

Copy to Minister

(3) Anyone who commences such a proceeding, or an appeal or application for leave

to appeal with respect to such a proceeding, shall provide the Minister with a copy of

(a) any document that commences the proceeding, appeal or application,

immediately after the document is filed with the court; and

(b) any document that marks the end of the proceeding, appeal or application,

immediately after the document is issued by or filed with the court.

Expiry of pending applications

111 (1) If two or more applications that set out the same authorization for sale and

have the same priority are still pending at the end of the prescribed period that

begins on the day specified in the written notice sent under section 109, all of those

applications expire at that end of that period. However, if any proceedings are

brought under section 110 with respect to any of those applications, all of those

applications — if two or more are still pending — expire at the end of the prescribed

period that begins on the day on which the last of any of the proceedings to be

completed is finally disposed of.

Expiry of application with lower priority

(2) A pending application that sets out the same authorization for sale as another

application of higher priority expires on the day on which the Minister issues a

certificate of supplementary protection in respect of that other application.

Withdrawal

112 An applicant for a certificate of supplementary protection may withdraw their

application in accordance with the regulations.

Certificate of Supplementary Protection

Issue of certificate

113 The Minister shall issue, to the patentee, a certificate of supplementary

protection for the patented invention set out in the patentee’s application if, on the

day of issuance,

(a) the Minister is satisfied that all requirements set out in section 106 are met;

(b) the applicable period referred to in subsection 106(3) for filing the application

has ended;

sale and that has priority over, or the same priority as, the application; and

(d) any court proceedings, brought under section 110 with respect to the

application or to another pending application that sets out the same authorization

for sale and that has priority over, or the same priority as, the application, have

been finally disposed of.

Contents of certificate

114 A certificate of supplementary protection shall set out

(a) the number, as recorded in the Patent Office, of the patent set out in the

application;

(b) the medicinal ingredient or combination of medicinal ingredients set out in the

application;

veterinary use;

(d) the number of the authorization for sale set out in the application; and

(e) the day on which the certificate’s term begins and the day on which the term

ends, as determined under section 116.

Scope of supplementary protection

115 (1) The issuance of a certificate of supplementary protection grants the

certificate’s holder and their legal representatives, during the certificate’s term, the

same rights, privileges and liberties that are granted by the patent set out in the

certificate, but only with respect to the making, constructing, using and selling of any

drug that contains the medicinal ingredient, or combination of medicinal ingredients,

set out in the certificate, by itself or in addition to any other medicinal ingredient.

No infringement — export

(2) Despite subsection (1), it is not an infringement of the certificate of supplementary

protection for any person to make, construct, use or sell the medicinal ingredient or

combination of medicinal ingredients for the purpose of export from Canada.

Validity

116 (1) After the certificate is issued, it shall, in the absence of any evidence to the

contrary, be valid and avail the holder and the holder’s legal representatives for its

term.

Taking effect

(2) A certificate of supplementary protection takes effect on the expiry of the term

under section 44, without taking into account section 46, of the patent set out in the

certificate, but the certificate takes effect only if the patent remains valid until, and not

void before, the expiry of that term.

Calculation of term

(3) The certificate’s term is calculated by subtracting five years from the period

beginning on the filing date of the application for the patent and ending on the day on

which the authorization for sale set out in the certificate is issued, but in any event is

for a maximum of two years.

Reduction in period

(4) Despite subsection (3), if the person to whom the authorization for sale set out in

the certificate is issued is also the patentee, the Minister may, if he or she is of the

opinion that that person’s failure to act resulted in a period of unjustified delay in the

process of obtaining the authorization for sale, reduce the term of the certificate

when issuing it by the amount of that period.

Never takes effect

(5) A certificate of supplementary protection that has been issued never takes effect

if the calculation of its term, including any reduction under subsection (3), produces a

result of zero or a negative value.

Revocation of certificate

117 The Minister shall revoke a certificate of supplementary protection in the

prescribed circumstances.

Transfer

Transfer of patent

118 (1) A certificate of supplementary protection, or an application for one, is not

transferable other than by the transfer of the patent, or part of the patent, that is set

out in the certificate or application.

Whole of patent

(2) If the whole of the patent is transferred, the certificate or application is transferred

accordingly.

Part of patent

(3) If part of the patent is transferred, any part of the certificate or application —

including, as the case may be, the whole of it — that corresponds to the transferred

part of the patent is transferred accordingly.

For greater certainty

(4) For greater certainty, the transfer of part of an application for a certificate of

supplementary protection does not result in its division into more than one

application.

Administrative Matters

Applications, fees and documents

119 Applications, fees and documents relating to certificates of supplementary

protection shall be submitted to the Minister.

Inspection by public

120 (1) The Minister shall ensure that the prescribed contents of all certificates of

supplementary protection and applications for a certificate are made available for

public inspection under the conditions that may be prescribed.

Non-application

(2) Subsection (1) does not apply with respect to the contents of applications for a

certificate that are refused, declared invalid or void, expired or withdrawn.

Copy in case of loss or destruction

121 The Minister may issue a certified copy of a certificate of supplementary

protection to replace one that is lost or destroyed.

Issuance of patent under section 47

122 (1) If a patent set out in a certificate of supplementary protection or in a pending

application for such a certificate is surrendered, and a new patent is issued, under

section 47, the holder of the certificate or the applicant shall, before the end of the

prescribed period that begins on the day on which the new patent is issued, provide

the Minister with written notice of the number, as recorded in the Patent Office, of the

new patent to which the certificate or application relates.

One patent

(2) If more than one new patent is issued under section 47, the holder of the

certificate or the applicant shall provide the number for only one of the new patents.

New certificate

(3) If notice is provided under subsection (1) by a holder of a certificate, the Minister

shall issue a new certificate of supplementary protection, setting out the new patent

number, to replace the original certificate. The new certificate’s term is the then

unexpired term of the original certificate.

Effect of new certificate

(4) The new certificate is deemed to have been issued on the day on which the new

patent is issued. The original certificate and the new certificate have the same effect

in law, in any action commenced after the issuance of the new certificate for any

cause accruing after that issuance, as if the new patent had been set out in the

original certificate; however, insofar as the claims of the new patent and the original

patent are identical, the issuance of the new certificate does not affect any action

pending at the time of the issuance of the new certificate or abate any cause of

action that existed at that time and the new certificate constitutes a continuation of

the original certificate and has effect accordingly.

Application

(5) If notice is provided under subsection (1) by an applicant for a pending

application, the Minister shall

(a) amend the application to set out the new patent number; and

(b) provide written notice of the amendment to any other applicant referred to in

section 109 with respect to the application.

Effect of amendment to application

(6) The amended application has the same effect, for the purposes of sections 106 to

113, as if the pending application had been originally filed in its amended form.

Use of Certificates of Supplementary Protection by Government

Application

123 Sections 19 to 19.2 apply with respect to certificates of supplementary

protection, with

(a) any reference to “patented invention” to be read, with any grammatical

adaptations, as a reference to “invention protected by a certificate of

supplementary protection”; and

(b) any reference to “patentee” to be read as a reference to “holder of the

certificate of supplementary protection”.

Infringement and Impeachment

Action for infringement

124 (1) An action for the infringement of a certificate of supplementary protection

may be brought in the same manner as an action for the infringement of a patent,

and the following provisions apply to the action:

(a) sections 54, 57 and 59, with any reference to “patent” to be read as a

reference to “certificate of supplementary protection”;

(b) subsection 55(1), and subsection 55(3) as it applies to that subsection (1),

with any reference to “patent” to be read as a reference to “certificate of

supplementary protection”, any reference to “patentee” to be read as a reference

to “holder of the certificate of supplementary protection” and any reference to

“grant” to be read as a reference to “taking of effect”;

(d) section 55.1, with any reference to “patent” to be read as a reference to

“certificate of supplementary protection” and any reference to “patented process”

to be read as a reference to “process protected by the certificate of

supplementary protection”;

(e) subsections 55.2(1) and (6), with any reference to “patent” to be read as a

reference to “certificate of supplementary protection” and any reference to

“patented invention” to be read as a reference to “invention protected by the

certificate of supplementary protection”;

(f) subsection 56(1), with any reference to “patentee” to be read as a reference to

“holder of a certificate of supplementary protection that sets out that patent”;

(g) section 58, with the reference to “a patent that contains two or more claims” to

be read as a reference to a “two or more claims in a patent that is set out in a

certificate of supplementary protection” and with the reference to “the patent as if

it” to be read as a reference to “the certificate as if the patent set out in it”.

Regulations — subsection 55.2(4)

(2) The Governor in Council may make regulations respecting the infringement of

any certificate of supplementary protection that, directly or indirectly, could result or

results from the making, construction, use or sale of a patented invention or invention

protected by a certificate of supplementary protection in accordance with subsection

55.2(1), including regulations described in paragraphs 55.2(4)(a) to (k), with

(a) any reference in those paragraphs to a “patent” to be read as a reference to a

“certificate of supplementary protection”; and

(b) the reference in paragraph 55.2(4)(k) to “subsection 60(1)” to be read as a

reference to “subsection 125(1)”.

Inconsistency or conflict

(3) In the event of an inconsistency or conflict between regulations made under

subsection (2) and any Act of Parliament or regulations made under such an Act, the

regulations made under subsection (2) prevail to the extent of the inconsistency or

conflict.

Impeachment

125 (1) A certificate of supplementary protection, or any claim in the patent set out in

such a certificate, may be declared invalid or void — including on the basis that the

certificate was issued despite non-compliance with any of the requirements, as they

existed at the time that the certificate was issued, of subsection 106(1) or that the

patent set out in the certificate no longer complies with the requirements, as they

existed at that time, set out in paragraph 106(1)(c) — by the Federal Court at the

instance of the Attorney General of Canada or any interested person.

Application

(2) Subsections 60(2) and (3) apply with respect to a certificate of supplementary

protection, with any reference to “patentee” to be read as a reference to “holder of a

certificate of supplementary protection” and any reference to “patent” to be read as a

reference to “certificate of supplementary protection”.

Judgment voiding certificate or claim

126 (1) A certificate of supplementary protection, or a claim in the patent set out in

such a certificate, that is voided by a judgment shall be and be held to have been

void and of no effect, unless the judgment is reversed on appeal as provided in

subsection (2).

Appeal

(2) Every judgment voiding a certificate of supplementary protection or any claim in

the patent set out in such a certificate, and every judgment refusing to do so, is

subject to appeal to any court having appellate jurisdiction in other cases decided by

the court by which the judgment was rendered.

Abuse of Rights

Abuse of patent rights

127 (1) The Commissioner may, in respect of application under section 65, exercise

any of the powers under any of paragraphs 66(1)(a), (d) and (e) with respect to an

issued certificate of supplementary protection if he or she is satisfied that a case of

abuse of the exclusive rights under the patent that is set out in the certificate has

been established.

Abuse — application to Commissioner

(2) The Attorney General of Canada or an interested person may, at any time after a

certificate of supplementary protection takes effect and after the expiry of three years

from the date of the grant of the patent set out in the certificate, apply to the

Commissioner alleging that there has been an abuse of the exclusive rights granted

under a certificate of supplementary protection issued with respect to that patent and

asking for relief under this Act.

What amounts to abuse

(3) The exclusive rights under a certificate of supplementary protection are abused in

any of the following circumstances:

(a) the demand in Canada for a drug that contains the medicinal ingredient or a

combination of the medicinal ingredients set out in the certificate is not being met

to an adequate extent and on reasonable terms;

(b) by reason of the refusal of the certificate’s holder to grant a licence or licences

on reasonable terms, the trade or industry of Canada or the trade of any person

or class of persons trading in Canada, or the establishment of any new trade or

industry in Canada, is prejudiced, and it is in the public interest that a licence or

licences should be granted;

such a trade or industry, is unfairly prejudiced by the conditions attached by the

certificate’s holder to the purchase, hire, licence, use or working of the invention

protected by the certificate.

Provisions that apply

128 Sections 66 to 71, other than paragraph 66(1)(c), apply for the purposes of

section 127, with

(a) any reference to “patent”, other than with respect to the Patent Office, to be

read as a reference to “certificate of supplementary protection”;

(b) any reference to “patentee” to be read as a reference to “holder of the

certificate of supplementary protection”;

65” to be read as a reference to “section 127”;

(d) any reference in subsection 69(1) or section 71 to “sections 65 to 70” to be

read as a reference to “sections 66 to 70 and 127”; and

(e) the reference in subsection 69(3) to “the Minister” to be read as a reference to

“the Minister of Industry”.

General

Electronic form and means

129 (1) Subject to the regulations, any document, information or fee that is submitted

to the Minister under this Act may be submitted in any electronic form, and by any

electronic means, that is specified by the Minister.

Collection, storage, etc.

(2) Subject to the regulations, the Minister may use electronic means to create,

collect, receive, store, transfer, distribute, publish, certify or otherwise deal with

documents or information under sections 106 to 134.

Definition

(3) In this section, electronic, in reference to a form or means, includes optical,

magnetic and other similar forms or means.

Certified copies as evidence

130 In any action or proceeding respecting a certificate of supplementary protection

authorized to be had or taken in Canada under this Act, a copy purporting to be

certified by the Minister of any such certificate, or of any other document that is made

by or filed with the Minister and is connected to such a certificate, may be produced

before the court or other tribunal, or a judge or member of the court or tribunal, and

the copy purporting to be so certified may be admitted in evidence without production

of the original and without proof of the Minister’s certification.

Costs of proceedings

131 In all proceedings before any court under this Act, including, for greater

certainty, an application for judicial review of a decision of the Minister under this Act,

the costs of the Minister are in the discretion of the court, but the Minister shall not be

ordered to pay the costs of any other of the parties.

Time limit deemed extended

132 (1) If any time period fixed under any of sections 106 to 134 in respect of

dealings with the Minister ends on a prescribed day or a day that is designated by

the Minister, that time period is extended to the next day that is not a prescribed day

or a designated day.

Power to designate day

(2) The Minister may, on account of unforeseen circumstances and if the Minister is

satisfied that it is in the public interest to do so, designate any day for the purposes

of subsection (1). If a day is designated, the Minister shall inform the public of that

fact on the Department of Health’s website.

User Fees Act

133 The User Fees Act does not apply in respect of the fees referred to in section

106 or 134.

Regulations

134 (1) The Governor in Council may make rules or regulations

(a) defining the term authorization for sale;

(b) respecting the form and contents of applications for certificates of

supplementary protection;

(d) respecting the determination of when, for the purpose of paragraph 106(1)(f),

an application for an authorization for sale was filed and, for the purpose of

subsection 106(3), an application for a certificate of supplementary protection is

filed;

(e) prescribing the fees or the manner of determining the fees that may be

charged in respect of the filing of applications for certificates of supplementary

protection, the issuance of such certificates or the taking of other proceedings

under sections 106 to 133 or under any rule or regulation made under this

section, or in respect of any services or the use of any facilities provided by the

Minister under those sections or such a rule or regulation;

(f) respecting the payment of any prescribed fees including the time when and the

manner in which such fees shall 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;

(g) respecting the submission, including in electronic form and by electronic

means, of documents and information to the Minister, including the time at which

they are deemed to be received by the Minister;

(h) respecting the use of electronic means for the purposes of subsection 129(2),

including requiring the use of those electronic means;

(i) respecting the withdrawal of an application for a certificate of supplementary

protection;

(j) respecting communications between the Minister and any other person;

(k) respecting the correction of obvious errors in documents submitted to the

Minister, in certificates of supplementary protection or in other documents issued

under sections 106 to 133, including

(i) the determination by the Minister of what constitutes an obvious error, and

(ii) the effect of the correction; and

(l) generally, for carrying into effect the objects and purposes of sections 104 to

133 or for ensuring their due administration by the Minister.

For greater certainty

(2) For greater certainty, the Governor in Council may make rules or regulations

under paragraphs 12(1)(d), (g), (h) and (k) for the purposes of this section and

sections 104 to 133.

R.S., c. T-13

Trade-marks Act 1994, c. 47, s. 190(2)

60 The definitions confusing and geographical indication in section 2 of the

Trade-marks Act are replaced by the following:

confusing, when applied as an adjective to a trade-mark or trade-name, means,

except in sections 11.13 and 11.21, a trade-mark or trade-name the use of which

would cause confusion in the manner and circumstances described in section 6;

(créant de la confusion)

geographical indication means an indication that identifies a wine or spirit, or an

agricultural product or food of a category set out in the schedule, as originating in the

territory of a WTO Member, or a region or locality of that territory, if a quality,

reputation or other characteristic of the wine or spirit or the agricultural product or

food is essentially attributable to its geographical origin; (indication géographique)

1994, c. 47, s. 192

61 Sections 11.11 and 11.12 of the Act are replaced by the following:

Geographical Indications Definitions

11.11 (1) The following definitions apply in this section and in sections 11.12 to

11.24.

Minister means the Minister designated under subsection (2). (ministre)

responsible authority means, in relation to a wine or spirit, or an agricultural

product or food of a category set out in the schedule, the person, firm or other entity

that, in the Minister’s opinion, is, by reason of state or commercial interest,

sufficiently connected with and knowledgeable about that wine or spirit or that

agricultural product or food to be a party to any proceedings under this Act. (autorité

compétente)

Designation of Minister

(2) The Governor in Council may, by order, designate any federal minister to be the

Minister for the purposes of this section and sections 11.12 to 11.24.

When indication confusing with trade-mark

(3) For the purposes of sections 11.13 and 11.21, an indication identifying an

agricultural product or food is confusing with a trade-mark if the use of both the

indication and the trade-mark in the same area would be likely to lead to the

inference that the agricultural product or food associated with the indication

originates from the same source as the goods or services associated with the trade-

mark.

What to be considered

(4) For the purposes of sections 11.13 and 11.21, in determining whether an

indication is confusing with a trade-mark, the Registrar or the Federal Court, as the

case may be, shall have regard to all the surrounding circumstances, including

(a) the length of time that the indication has been used to identify the agricultural

product or food with which it is associated as originating in the territory, or the

region or locality of a territory, and the extent to which it has become known;

(b) the degree of resemblance between the indication and the trade-mark,

including in appearance or sound or in the ideas suggested by them; and

(i) its inherent distinctiveness and the extent to which it has become known,

(ii) the length of time that it has been in use, and

(iii) the nature of the goods, services or business that is associated with it.

List

11.12 (1) There shall be kept under the supervision of the Registrar a list of

geographical indications and, in the case of geographical indications identifying an

agricultural product or food, translations of those indications.

Statement of Minister — indication

(2) If a statement by the Minister in respect of an indication is published on the

website of the Canadian Intellectual Property Office setting out the information

mentioned in subsection (3), the Registrar shall enter the indication, and any

translation of the indication set out in the statement, on the list if

(a) no statement of objection has been filed and served on the responsible

authority in accordance with subsection 11.13(1) and the time for the filing of a

statement of objection has expired; or

(b) a statement of objection has been so filed and served, but it has been

withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has

been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in

the final judgment given in the appeal.

Statement of Minister — translation

(2.1) If a statement by the Minister is published on the website of the Canadian

Intellectual Property Office setting out the information mentioned in subsection (3.1)

in respect of a translation of an indication on the list that identifies an agricultural

product or food, the Registrar shall enter the translation on the list if

(a) no statement of objection has been filed and served on the responsible

authority in accordance with subsection 11.13(1) and the time for the filing of the

statement of objection has expired; or

(b) a statement of objection has been so filed and served, but it has been

withdrawn or deemed under subsection 11.13(6) to have been withdrawn or it has

been rejected under subsection 11.13(7) or, if an appeal is taken, it is rejected in

the final judgment given in the appeal.

Information — indication

(3) For the purposes of subsection (2), the statement by the Minister must set out all

of the following information:

(a) that the Minister proposes that the indication and, if applicable, a translation of

the indication, in the case of an indication that identifies an agricultural product or

food, be entered on the list;

(b) in the case of an indication that identifies a wine or spirit, that the indication

identifies a wine or that the indication identifies a spirit;

(b.1) in the case of an indication that identifies an agricultural product or food, the

common name of the agricultural product or food and the category set out in the

schedule to which it belongs;

the agricultural product or food is identified as originating;

(d) the name of the responsible authority in relation to the wine or spirit or the

agricultural product or food and the address of the responsible authority’s

principal office or place of business in Canada or, if the responsible authority has

no office or place of business in Canada, the name and address in Canada of a

person or firm on whom any document may be served with the same effect as if it

had been served on the responsible authority itself;

(e) the quality, reputation or other characteristic of the wine or spirit or the

agricultural product or food that, in the Minister’s opinion, qualifies that indication

as a geographical indication;

(f) that, except in the case of an indication identifying a wine or spirit or an

agricultural product or food as originating in Canada, the indication is protected

by the law applicable to the territory in which the wine or spirit or the agricultural

product or food is identified as originating, as well as particulars of the protection.

Information — translation

(3.1) For the purposes of subsection (2.1), the statement by the Minister must set out

all of the following information:

(a) that the Minister proposes that the translation be entered on the list;

(b) the indication on the list that corresponds to the translation;

identifies and the category set out in the schedule to which it belongs;

(d) the name of the responsible authority in relation to the agricultural product or

food and the address of the responsible authority’s principal office or place of

business in Canada or, if the responsible authority has no office or place of

business in Canada, the name and address in Canada of a person or firm on

whom any document may be served with the same effect as if it had been served

on the responsible authority itself.

Removal from list

(4) The Registrar shall remove an indication or any translation of an indication from

the list

(a) on the publication of a statement by the Minister on the website of the

Canadian Intellectual Property Office specifying that the indication or the

translation is to be removed; or

(b) if the Federal Court makes an order under subsection 11.21(1) for the

removal of the indication or the translation.

Obvious error

(5) The Registrar may, within six months after the day on which an indication or a

translation of an indication is entered on the list, correct any error in that entry that is

obvious from the documents relating to the indication or the translation in question

that are, at the time that the entry is made, on file in the Registrar’s office.

Evidence of entry

(6) A copy of any entry on the list purporting to be certified to be true by the Registrar

is evidence of the facts set out in it.

Evidence of statement

(7) Evidence of a statement by the Minister may be given by the production of a copy

of the statement purporting to be certified to be true by the Registrar.

Certified copies

(8) The Registrar shall, on request and on payment of the prescribed fee, furnish a

copy certified by the Registrar of any entry on the list or of any statement by the

Minister.

1994, c. 47, s. 192

62 (1) Subsections 11.13(1) and (2) of the Act are replaced by the following:

Statement of objection

11.13 (1) Within two months after the publication of a statement referred to in

subsection 11.12(2) or (2.1), any person interested may, on payment of the

prescribed fee, file with the Registrar, and serve on the responsible authority in the

prescribed manner, a statement of objection.

Grounds — indication

(2) A statement of objection with respect to an indication may be based on any of the

following grounds:

(a) that, when the statement by the Minister is published, the indication is not a

geographical indication;

(b) that, when the statement by the Minister is published, the indication is

identical to a term customary in common language in Canada as the common

name for the wine or spirit or the agricultural product or food;

agricultural product or food as originating in Canada, when the statement by the

Minister is published, the indication is not protected by the law applicable to the

territory in which the wine or spirit or the agricultural product or food is identified

as originating;

(d) in the case of an indication identifying an agricultural product or food, that,

when the statement by the Minister is published, the indication is confusing with

(i) a registered trade-mark,

(ii) a trade-mark that was previously used in Canada and that has not been

abandoned, or

(iii) a trade-mark in respect of which an application for registration was

previously filed in Canada and remains pending.

Grounds — translation

(2.1) A statement of objection with respect to a translation may be based on any of

the following grounds:

(a) that, when the statement by the Minister is published, the translation is not a

faithful translation of the indication;

(b) that, when the statement by the Minister is published, the translation is

identical to a term customary in common language in Canada as the common

name for the agricultural product or food;

confusing with

(i) a registered trade-mark,

(ii) a trade-mark that was previously used in Canada and that has not been

abandoned, or

(iii) a trade-mark in respect of which an application for registration was

previously filed in Canada and remains pending.

1994, c. 47, s. 192

(2) Paragraph 11.13(3)(a) of the Act is replaced by the following:

(a) each ground of objection in sufficient detail to enable the responsible authority

to reply to it; and

1994, c. 47, s. 192

(3) Subsection 11.13(4) of the Act is replaced by the following:

Frivolous objection

(3.1) At any time before the day on which the responsible authority files a counter

statement, the Registrar may, at the responsible authority’s request or on his or her

own initiative, reject the statement of objection if the Registrar considers that the

statement does not raise a substantial issue for decision and shall give notice of his

or her decision to the objector and to the responsible authority.

Power to strike

(3.2) At any time before the day on which the responsible authority files a counter

statement, the Registrar may, at the responsible authority’s request, strike all or part

of the statement of objection if the statement or part of it

(a) is not based on any of the grounds set out in subsection (2) or (2.1); or

(b) does not set out a ground of objection in sufficient detail to enable the

responsible authority to reply to it.

Counter statement

(4) Within two months after a statement of objection has been served on the

responsible authority, the responsible authority may file a counter statement with the

Registrar and serve a copy on the objector in the prescribed manner, and if the

responsible authority does not so file and serve a counter statement, the indication or

the translation shall not be entered on the list kept under subsection 11.12(1). The

counter statement need only state that the responsible authority intends to respond

to the objection.

1994, c. 47, s. 192

(4) The portion of subsection 11.13(5) of the Act before paragraph (a) is

replaced by the following:

Evidence and hearing

(5) Both the objector and the responsible authority shall be given an opportunity, in

the prescribed manner and within the prescribed time, to submit evidence and to

make representations to the Registrar unless

1994, c. 47, s. 192

(5) Subsections 11.13(6) and (7) of the Act are replaced by the following:

Service

(5.1) The objector and the responsible authority shall, in the prescribed manner and

within the prescribed time, serve on each other any evidence and written

representations that they submit to the Registrar.

No evidence — objector

(6) The objection is deemed to have been withdrawn if, in the prescribed

circumstances, the objector does not submit and serve evidence or a statement that

the objector does not wish to submit evidence.

No evidence — responsible authority

(6.1) The indication or the translation shall not be entered on the list if, in the

prescribed circumstances, the responsible authority does not submit and serve

evidence or a statement that the responsible authority does not wish to submit

evidence.

Decision

(7) After considering the evidence and representations of the objector and the

responsible authority, the Registrar shall accept or reject the objection, in whole or in

part, and notify the parties of the decision and the reasons for it.

Effect of decision on translations

(8) The Registrar shall not enter any translation of an indication on the list if the

Registrar accepts the objection with respect to the indication or, if an appeal is taken,

the objection is accepted in the final judgment given in the appeal.

63 Section 11.14 of the Act is amended by adding the following after

subsection (2):

Prohibited use

(3) No person shall use in connection with a business, as a trade-mark or otherwise,

(a) a protected geographical indication identifying a wine in respect of a wine that

originates in the territory indicated by the protected geographical indication if that

wine was not produced or manufactured in accordance with the law applicable to

that territory; or

(b) a translation in any language of the geographical indication in respect of that

wine.

Prohibited adoption of indication for spirits

(4) No person shall adopt in connection with a business, as a trade-mark or

otherwise,

(a) a protected geographical indication identifying a spirit in respect of a spirit not

originating in the territory indicated by the protected geographical indication; or

(b) a translation in any language of the geographical indication in respect of that

spirit.

Prohibited use

(5) No person shall use in connection with a business, as a trade-mark or otherwise,

(a) a protected geographical indication identifying a spirit in respect of a spirit not

originating in the territory indicated by the protected geographical indication or

adopted contrary to subsection (4); or

(b) a translation in any language of the geographical indication in respect of that

spirit.

Prohibited use

(6) No person shall use in connection with a business, as a trade-mark or otherwise,

(a) a protected geographical indication identifying a spirit in respect of a spirit that

originates in the territory indicated by the protected geographical indication if that

spirit was not produced or manufactured in accordance with the law applicable to

that territory; or

(b) a translation in any language of the geographical indication in respect of that

spirit.

1994, c. 47, s. 192; 2001, c. 27, s. 271; 2014, c. 32, s. 53(F)

64 Sections 11.15 to 11.17 of the Act are replaced by the following:

Prohibited adoption of indication for agricultural products or food

11.15 (1) No person shall adopt in connection with a business, as a trade-mark or

otherwise,

(a) a protected geographical indication identifying an agricultural product or food

of a category set out in the schedule in respect of an agricultural product or food

belonging to the same category that does not originate in the territory indicated by

the protected geographical indication; or

(b) a translation on the list kept under subsection 11.12(1) of the protected

geographical indication in respect of that agricultural product or food.

Prohibited use

(2) No person shall use in connection with a business, as a trade-mark or otherwise,

(a) a protected geographical indication identifying an agricultural product or food

of a category set out in the schedule in respect of an agricultural product or food

belonging to the same category that does not originate in the territory indicated by

the protected geographical indication or adopted contrary to subsection (1); or

(b) a translation on the list kept under subsection 11.12(1) of the protected

geographical indication in respect of that agricultural product or food.

Prohibited use

(3) No person shall use in connection with a business, as a trade-mark or otherwise,

(a) a protected geographical indication identifying an agricultural product or food

of a category set out in the schedule in respect of an agricultural product or food

belonging to the same category that originates in the territory indicated by the

protected geographical indication if that agricultural product or food was not

produced or manufactured in accordance with the law applicable to that territory;

(b) a translation on the list kept under subsection 11.12(1) of the protected

geographical indication in respect of that agricultural product or food.

Exception when authorized

11.16 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent

the adoption, use or registration as a trade-mark or otherwise, in connection with a

business, of a protected geographical indication, or any translation of it in any

language, with the consent of the responsible authority.

Exception for personal names

(2) Sections 11.14 and 11.15 do not prevent a person from using, in the course of

trade, the person’s name or the name of the person’s predecessor in title, except

where the name is used in such a manner as to mislead the public.

Exception for comparative advertising

(3) Sections 11.14 and 11.15 do not prevent a person from using a protected

geographical indication, or any translation of it in any language, in comparative

advertising.

Exception not applicable to labels or packaging

(4) Subsection (3) does not apply to comparative advertising on labels or packaging.

Continued use — wines or spirits

11.17 (1) Section 11.14 does not apply to the continued and similar use of a

protected geographical indication identifying a wine or spirit, or any translation of it in

any language, by a Canadian who has used it in a continuous manner in relation to

any business or commercial activity in respect of goods or services

(a) in good faith before April 15, 1994; or

(b) for at least 10 years before that date.

Definition of Canadian

(2) For the purposes of subsection (1), Canadian means

(a) a Canadian citizen;

(b) a permanent resident as defined in subsection 2(1) of the Immigration and

Refugee Protection Act who has been ordinarily resident in Canada for not more

than one year after the day on which they first became eligible to apply for

Canadian citizenship; and

Use — certain cheeses

(3) Section 11.15 does not apply to the use, in connection with a business, of any of

the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”,

or any translation of them in any language, by a person if they or their predecessor in

title used the indication or the translation in relation to any business or commercial

activity in respect of an agricultural product or food of the category of cheeses, as set

out in the schedule, before October 18, 2013.

Use with qualifying term

(4) Section 11.15 does not apply to the use, in connection with a business, of any of

the indications “Asiago”, “Feta”, “Φέτα” (Feta), “Fontina”, “Gorgonzola” or “Munster”,

or any translation of them in any language, in respect of an agricultural product or

food of the category of cheeses, as set out in the schedule, if

(a) a qualifying term such as “kind”, “type”, “style” or “imitation” is used in

connection with the indication or the translation; and

(b) the geographical origin of the cheese is clearly displayed on the cheese or on

the packaging in which it is distributed, or is in any other manner associated with

the cheese so that notice of the cheese’s origin is given to the person to whom

the cheese is transferred.

Use of the indication “Beaufort”

(5) Section 11.15 does not apply to the use, in connection with a business, of the

indication “Beaufort”, or any translation of it in any language, by a person if

(a) the person or their predecessor in title used the indication or the translation for

at least 10 years before October 18, 2013 in relation to any business or

commercial activity in respect of an agricultural product or food of the category of

cheeses, as set out in the schedule; or

(b) the person uses the indication or the translation in relation to any business or

commercial activity in respect of a cheese product that was produced in the

proximity of the Beaufort Range on Vancouver Island in British Columbia.

Use of the indication “Nürnberger Bratwürste”

(6) Section 11.15 does not apply to the use, in connection with a business, of the

indication “Nürnberger Bratwürste”, or any translation of it in any language, by a

person, if they or their predecessor in title used the indication or the translation in

relation to any business or commercial activity in respect of an agricultural product or

food of the category of fresh, frozen and processed meats, as set out in the

schedule, for at least five years before October 18, 2013.

Use of the indication “Jambon de Bayonne”

(7) Section 11.15 does not apply to the use, in connection with a business, of the

indication “Jambon de Bayonne”, or any translation of it in any language, by a

person, if they or their predecessor in title used the indication or the translation in

relation to any business or commercial activity in respect of an agricultural product or

food of the category of dry-cured meats, as set out in the schedule, for at least 10

years before October 18, 2013.

Restriction

(8) For the purposes of subsections (3) and (5) to (7), no person is a predecessor in

title if they only transferred the right to use the indication or the translation, or both.

1994, c. 47, s. 192; SOR/2004-85, ss.1(1) to (3)

65 (1) Subsections 11.18(1) to (3) of the Act are replaced by the following:

Exception for disuse

11.18 (1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent

the adoption, use or registration as a trade-mark or otherwise, in connection with a

business, of a protected geographical indication, or any translation of it in any

language, if the indication has ceased to be protected by the law applicable to the

territory in which the wine or spirit or the agricultural product or food is identified as

originating, or has fallen into disuse in that territory.

Exceptions for customary names

(2) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the

adoption, use or registration as a trade-mark or otherwise, in connection with a

business, of a protected geographical indication that is identical to

(a) a term customary in common language in Canada as the common name for

the wine or spirit or the agricultural product or food;

(b) a customary name of a grape variety existing in Canada on or before the day

on which the WTO Agreement comes into force; or

or before the day on which the indication is entered on the list kept under

subsection 11.12(1).

Exception for translation — customary term

(2.1) Sections 11.14 and 11.15 and paragraphs 12(1)(g) to (h.1) do not prevent the

adoption, use or registration as a trade-mark or otherwise, in connection with a

business, of a translation of a protected geographical indication that is identical to a

term customary in common language in Canada as the common name for a wine or

spirit or an agricultural product or food.

Exception for common names for wines

(3) Subsections 11.14(1) to (3) and paragraph 12(1)(g) do not prevent the adoption,

use or registration as a trade-mark or otherwise, in connection with a business, of the

following indications in respect of wines:

1994, c. 47, s. 192

(2) The portion of subsection 11.18(4) of the Act before paragraph (a) is

replaced by the following:

Exception for common names for spirits

(4) Subsections 11.14(4) to (6) and paragraph 12(1)(h) do not prevent the adoption,

use or registration as a trade-mark or otherwise, in connection with a business, of the

following indications in respect of spirits:

1994, c. 47, s. 192

(3) Subsection 11.18(5) of the Act is replaced by the following:

Exception for common names for agricultural products or food

(4.1) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or

registration as a trade-mark or otherwise, in connection with a business, of the

following indications in respect of an agricultural product or food:

(a) Valencia Orange;

(b) Orange Valencia;

(d) Black Forest Ham;

(e) Jambon Forêt Noire;

(f) Tiroler Bacon;

(g) Bacon Tiroler;

(h) Parmesan;

(i) St. George Cheese;

(j) Fromage St-George; and

(k) Fromage St-Georges.

Spelling variations

(4.2) For purposes of subsection (4.1), the indications set out in paragraphs (f) and

(g) include spelling variations of those indications in English and French.

Exception — “county”

(4.3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or

registration as a trade-mark or otherwise, in connection with a business, of the term

“county”, or any translation of it in any language, in association with an agricultural

product or food if that term is used to refer to the name of a territorial division or an

administrative division of a territory.

Powers of Governor in Council

(5) The Governor in Council may, by order, amend any of subsections (3) to (4.1) by

adding or deleting an indication in respect of a wine or spirit or an agricultural product

or food, as the case may be.

1994, c. 47, s. 192

66 Subsection 11.19(2) of the Act is replaced by the following:

Proceedings after five years

(2) In proceedings respecting a registered trade-mark commenced after the expiry of

five years from the earlier of the date of registration of the trade-mark in Canada and

the date on which use of the trade-mark by the person who filed the application for

registration of the trade-mark or that person’s predecessor in title has become

generally known in Canada, the registration must not be expunged or amended or

held invalid on the basis of any of paragraphs 12(1)(g) to (h.1) unless it is

established that the person who filed the application for registration of the trade-mark

did so with knowledge that the trade-mark was in whole or in part a protected

geographical indication.

1994, c. 47, s. 192

67 Section 11.2 of the Act is replaced by the following:

Acquired rights — wines

11.2 (1) Section 11.14 and paragraph 12(1)(g) do not prevent the adoption, use or

registration as a trade-mark in association with a wine of a protected geographical

indication, or any translation of it in any language, by a person if they have, in good

faith, before the later of January 1, 1996 and the day on which protection of the

indication in the territory indicated by the indication begins,

(a) filed an application in accordance with section 30 for, or secured the

registration of, the trade-mark in association with a wine; or

(b) acquired rights through use to the trade-mark in respect of a wine.

Acquired rights — spirits

(2) Section 11.14 and paragraph 12(1)(h) do not prevent the adoption, use or

registration as a trade-mark in association with a spirit of a protected geographical

indication, or any translation of it in any language, by a person if they have, in good

faith, before the later of January 1, 1996 and the day on which protection of the

indication in the territory indicated by the indication begins,

(a) filed an application in accordance with section 30 for, or secured the

registration of, the trade-mark in association with a spirit; or

(b) acquired rights through use to the trade-mark in respect of a spirit.

Acquired rights — agricultural products and food

(3) Section 11.15 and paragraph 12(1)(h.1) do not prevent the adoption, use or

registration as a trade-mark in association with an agricultural product or food of a

category set out in the schedule of a protected geographical indication, or any

translation of it in any language, by a person if they have, in good faith, before the

day on which a statement by the Minister is published under subsection 11.12(2) or

(2.1) in respect of the indication or translation,

(a) filed an application in accordance with section 30 for, or secured the

registration of, the trade-mark in association with an agricultural product or food

belonging to the same category; or

(b) acquired rights through use to the trade-mark in respect of an agricultural

product or food belonging to the same category.

Removal from the list

11.21 (1) On the application of any person interested, the Federal Court has

exclusive jurisdiction to order the Registrar to remove an indication or a translation

from the list of geographical indications kept under subsection 11.12(1) on any of the

grounds set out in subsection (2) or (3), as the case may be.

Grounds — indication

(2) The grounds for the removal of an indication are

(a) that, on the day on which the application is made, the indication is not a

geographical indication;

(b) that, on the day on which the application is made, the indication is identical to

a term customary in common language in Canada as the common name for the

wine or spirit or the agricultural product or food;

agricultural product or food as originating in Canada, when the statement by the

Minister in respect of the indication is published or on the day on which the

application is made, the indication is not protected by the law applicable to the

territory in which the wine or spirit or the agricultural product or food is identified

as originating;

(d) in the case of an indication identifying an agricultural product or food, that,

when the statement by the Minister is published, the indication is confusing with

(i) a registered trade-mark, or

(ii) a trade-mark that was previously used in Canada and that has not been

abandoned; or

(e) in the case of an indication identifying an agricultural product or food, that

(i) when the statement by the Minister is published, the indication is confusing

with a trade-mark in respect of which an application for registration was

previously filed in Canada, and

(ii) on the day on which the application is made, that application for

registration remains pending or the trade-mark is registered.

Grounds — translation

(3) The grounds for the removal of a translation are

(a) that, on the day on which the application is made, the translation is identical to

a term customary in common language in Canada as the common name for the

agricultural product or food;

(b) that, when the statement by the Minister in respect of the translation is

published, the translation is confusing with

(i) a registered trade-mark, or

(ii) a trade-mark that was previously used in Canada and that has not been

abandoned;

(i) when the statement by the Minister in respect of the translation is

published, the translation is confusing with a trade-mark in respect of which an

application for registration was previously filed in Canada, and

(ii) on the day on which the application is made, that application for

registration remains pending or the trade-mark is registered; or

(d) that, when the statement by the Minister in respect of the translation is

published, the translation is not a faithful translation of the indication.

How application is made

(4) An application shall be made by the filing of an originating notice of motion, by

counter-claim in an action for an act contrary to section 11.14 or 11.15, or by

statement of claim in an action claiming additional relief under this Act.

Summary proceedings

(5) The proceedings on an application shall be heard and determined summarily on

evidence adduced by affidavit unless the Federal Court directs otherwise.

Effect of order on translation

(6) If the Federal Court orders the removal of an indication identifying an agricultural

product or food from the list, the Registrar shall remove any translation of that

indication from the list.

CETA indications

11.22 Paragraph 11.18(2)(a) and section 11.21 do not apply with respect to a

protected geographical indication that is listed in Part A of Annex 20-A, as amended

from time to time, of Chapter Twenty of the Comprehensive Economic and Trade

Agreement between Canada and the European Union and its Member States, done

at Brussels on October 30, 2016.

Canada — Korea indications

11.23 Paragraphs 11.18(2)(a) and (c) and section 11.21 do not apply with respect to

an indication that is a protected geographical indication and that is included in the

following list:

(a) GoryeoHongsam;

(b) GoryeoBaeksam;

(d) IcheonSsal;

(e) ginseng rouge de Corée;

(f) ginseng blanc de Corée;

(g) ginseng frais de Corée;

(h) riz Icheon;

(i) Korean Red Ginseng;

(j) Korean White Ginseng;

(k) Korean Fresh Ginseng;

(l) Icheon Rice.

Powers of Governor in Council

11.24 The Governor in Council may, by order, amend the schedule by adding or

deleting a category of agricultural product or food.

68 Paragraphs 12(1)(g) and (h) of the Act are replaced by the following:

(g) in whole or in part a protected geographical indication identifying a wine,

where the trade-mark is to be registered in association with a wine not originating

in a territory indicated by the geographical indication;

(h) in whole or in part a protected geographical indication identifying a spirit,

where the trade-mark is to be registered in association with a spirit not originating

in a territory indicated by the geographical indication;

(h.1) in whole or in part a protected geographical indication, and the trade-mark is

to be registered in association with an agricultural product or food — belonging to

the same category, as set out in the schedule, as the agricultural product or food

identified by the protected geographical indication — not originating in a territory

indicated by the geographical indication; and

1994, c. 47, s. 196

69 Subsection 20(2) of the Act is replaced by the following:

Exception

(2) The registration of a trade-mark does not prevent a person from making any use

of any of the indications mentioned in subsection 11.18(3) in association with a wine,

any of the indications mentioned in subsection 11.18(4) in association with a spirit or

any of the indications mentioned in subsection 11.18(4.1) in association with an

agricultural product or food.

2014, c. 32, s. 43

70 (1) The definition relevant registered trade-mark in section 51.02 of the Act

is replaced by the following:

relevant protected mark means

(a) a trade-mark registered for goods that is identical to, or cannot be

distinguished in its essential aspects from, a trade-mark on such goods, including

their labels or packaging, that are detained by a customs officer; or

(b) a protected geographical indication identifying, as the case may be, a wine or

spirit, or an agricultural product or food of a category set out in the schedule, that

is identical to, or cannot be distinguished in its essential aspects from, an

indication on such a wine or spirit or such an agricultural product or food, or on

their labels or packaging, that is detained by a customs officer. (marque protégée

en cause)

(2) Section 51.02 of the Act is amended by adding the following in alphabetical

order:

owner, with respect to a protected geographical indication identifying a wine or spirit

or agricultural product or food, means the responsible authority, as defined in section

11.11, for the wine or spirit or agricultural product or food identified by the indication.

(propriétaire)

protected mark means a registered trade-mark or a protected geographical

indication. (marque protégée)

2014, c. 32, s. 43

71 Subsection 51.03(3) of the Act is replaced by the following:

Wine or spirits

(2.1) Wine or spirits shall not be imported or exported if they, or their labels or

packaging, bear a protected geographical indication and the wine or spirits

(a) do not originate in the territory indicated by the indication; or

(b) do originate in the territory indicated by the indication but were not produced

or manufactured in accordance with the law applicable to that territory.

Agricultural products or food

(2.2) An agricultural product or food of a category set out in the schedule shall not be

imported or exported if it, or its label or packaging, bears a protected geographical

indication and the agricultural product or food

(a) does not originate in the territory indicated by the indication; or

(b) does originate in the territory indicated by the indication, but was not produced

or manufactured in accordance with the law applicable to that territory.

Exception

(2.3) Subsections (2.1) and (2.2) do not apply if

(a) the sale or distribution of the wine or spirit or the agricultural product or food

— or, if the label or packaging of that wine, spirit or agricultural product or food

bears a protected geographical indication and the sale or distribution of that wine,

spirit or agricultural product or food in association with that label or packaging —

would not be contrary to this Act;

(b) the wine or spirit or the agricultural product or food is imported or exported by

an individual in their possession or baggage and the circumstances, including the

number of such goods, indicate that they are intended only for the individual’s

personal use; or

one place outside Canada to another, is in customs transit control or customs

transhipment control in Canada.

Restriction

(3) The contravention of subsection (1), (2.1) or (2.2) does not give rise to a remedy

under section 53.2.

2014, c. 32, s. 43

72 Section 51.04 of the Act is replaced by the following:

Request for assistance

51.04 (1) The owner of a protected mark may file with the Minister, in the form and

manner specified by the Minister, a request for assistance in pursuing remedies

under this Act with respect to goods imported or exported in contravention of section

51.03.

Information in request

(2) The request for assistance shall include the name and address in Canada of the

owner of the protected mark and any other information that is required by the

Minister, including information about the trade-mark and the goods for which it is

registered or, in the case of a geographical indication, the goods identified by the

indication.

Validity period

(3) A request for assistance is valid for a period of two years beginning on the day on

which it is accepted by the Minister. The Minister may, at the request of the owner of

the protected mark, extend the period for two years, and may do so more than once.

Security

(4) The Minister may, as a condition of accepting a request for assistance or of

extending a request’s period of validity, require that the owner of the protected mark

furnish security, in an amount and form fixed by the Minister, for the payment of an

amount for which the owner of the protected mark becomes liable under section

51.09.

Update

(5) The owner of the protected mark shall inform the Minister in writing, as soon as

feasible, of any changes to

(a) the validity of the protected mark that is the subject of the request for

assistance;

(b) the ownership of the protected mark; or

geographical indication, the goods identified by the indication.

2014, c. 32, s. 43

73 The portion of subsection 51.06(1) of the French version of the Act before

paragraph (a) is replaced by the following:

Fourniture de renseignements en vue de l’exercice de recours

51.06 (1) L’agent des douanes qui a des motifs raisonnables de soupçonner que des

produits qu’il retient en vertu de l’article 101 de la Loi sur les douanes sont interdits

d’importation ou d’exportation au titre de l’article 51.03 peut, à sa discrétion, fournir

au propriétaire de la marque protégée en cause, si celui-ci a présenté une demande

d’aide acceptée par le ministre à l’égard de cette marque, des échantillons des

produits ainsi que des renseignements au sujet des produits qui pourraient lui être

utiles pour l’exercice de ses recours au titre de la présente loi, tels que :

2002, c. 8, s. 177

74 Section 61 of the Act is replaced by the following:

Judgments

61 An officer of the Registry of the Federal Court shall file with the Registrar a

certified copy of every judgment or order made by the Federal Court, the Federal

Court of Appeal or the Supreme Court of Canada relating to any trade-mark on the

75 The Act is amended by adding the following before section 66:

Regulations

65.2 The Governor in Council may make regulations

(a) respecting the list to be kept under subsection 11.12(1), including information

relating to the listed geographical indications and translations to be included on

the list; and

(b) respecting proceedings under section 11.13, including documents relating to

those proceedings.

1993, c. 15, s. 71

76 The heading before section 69 of the Act is replaced by the following:

Transitional Provisions Use of the indication “Beaufort”

68.1 (1) During the period that begins on the day on which this subsection comes

into force and ends on the fifth anniversary of that day, section 11.15 does not apply

to the use, in connection with a business, of the indication “Beaufort”, or any

translation of it in any language, by a person if they or their predecessor in title used

the indication or the translation in relation to any business or commercial activity in

respect of an agricultural product or food of the category of cheeses, as set out in the

schedule, for less than 10 years before October 18, 2013.

Use of the indication “Nürnberger Bratwürste”

(2) During the period that begins on the day on which this subsection comes into

force and ends on the fifth anniversary of that day, section 11.15 does not apply to

the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or

any translation of it in any language, by a person if they or their predecessor in title

used the indication or the translation in relation to any business or commercial

activity in respect of an agricultural product or food of the category of fresh, frozen

and processed meats, as set out in the schedule, for less than five years before

October 18, 2013.

Use of the indication “Jambon de Bayonne”

(3) During the period that begins on the day on which this subsection comes into

force and ends on the fifth anniversary of that day, section 11.15 does not apply to

the use, in connection with a business, of the indication “Jambon de Bayonne”, or

any translation of it in any language, by a person if they or their predecessor in title

used the indication or the translation in relation to any business or commercial

activity in respect of an agricultural product or food of the category of dry-cured

meats, as set out in the schedule, for less than 10 years before October 18, 2013.

Restriction

(4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title

if they only transferred the right to use the indication or the translation, or both.

77 The Act is amended by adding, at the end of the Act, the schedule set out in

Schedule 2 to this Act.

Replacement of “relevant registered trade-mark”

78 The Act is amended by replacing “relevant registered trade-mark” with

“relevant protected mark” wherever it occurs in the following provisions:

(a) sections 51.05 and 51.06;

(b) sections 51.08 and 51.09;

(d) section 51.12.

Replacement of “trade-mark owner”

79 The English version of the Act is amended by replacing “trade-mark owner”

with “owner of the mark” wherever it occurs in the following provisions:

(a) paragraph 51.06(3)(c); and

(b) paragraphs 51.09(1)(b) and (c) and 5(a).

R.S., c. 28 (1st Supp.)

Investment Canada Act 2009, c. 2, s. 449

80 Section 14.2 of the Investment Canada Act is replaced by the following:

Limits for trade agreement investors — paragraph 14(1)(a) or (b)

14.11 (1) Despite the limits set out in subsections 14(3) and 14.1(1), an investment

described in paragraph 14(1)(a) or (b) by a trade agreement investor, other than a

state-owned enterprise, or — if the Canadian business that is the subject of the

investment is, immediately prior to the implementation of the investment, controlled

by a trade agreement investor — by a non-Canadian other than a trade agreement

investor and other than a state-owned enterprise, is reviewable under section 14 only

if the enterprise value, calculated in the prescribed manner, of the assets described

in paragraph 14(3)(a) or (b), as the case may be, is equal to or greater than

(a) for an investment implemented at any time in the period that begins on the

day on which this paragraph comes into force and that ends on December 31 of

the following calendar year, $1,500,000,000, and

(b) for an investment implemented in any subsequent calendar year, the amount

determined in respect of that calendar year under subsection (3).

Limits for trade agreement investors — paragraph 14(1)(c) or (d)

(2) Despite the limits set out in subsections 14(3) and (4), an investment described in

paragraph 14(1)(c) or (d) by an investor described in any of the following paragraphs

is reviewable under section 14 only if the enterprise value, calculated in the

prescribed manner, of the assets described in paragraph 14(3)(b) or subsection 14

(4), as the case may be, is equal to or greater than the applicable amount referred to

under paragaph (1)(a) or (b):

(a) a trade agreement investor that is neither a WTO investor as defined in

subsection 14.1(6) nor a state-owned enterprise; or

(b) a non-Canadian that is not a trade agreement investor, a WTO investor as

defined in subsection 14.1(6) or a state-owned enterprise, if the Canadian

business that is the subject of the investment is, immediately prior to the

implementation of the investment, controlled by a trade agreement investor.

Amount

(3) The amount for any year for the purposes of paragraph (1)(b) shall be determined

by the Minister in January of that year by rounding off to the nearest million dollars

the amount arrived at by using the following formula:

(Current Nominal GDP at Market Prices / Previous Year Nominal GDP at Market

Prices) × amount determined for previous year

where

(a) the Current Nominal GDP at Market Prices is the average of the

Nominal Gross Domestic Products at market prices for the most recent

four consecutive quarters; and

(b) the Previous Year Nominal GDP at Market Prices is the average of the

Nominal Gross Domestic Products at market prices for the four

consecutive quarters for the comparable period in the year preceding the

year used in calculating the Current Nominal GDP at Market Prices.

Publication in Canada Gazette

(4) As soon as possible after determining the amount for any particular year, the

Minister shall publish the amount in the Canada Gazette.

Exception

(5) This section does not apply in respect of an investment to acquire control of a

Canadian business that is a cultural business, as defined in subsection 14.1(6).

Definitions

(6) The following definitions apply in this section.

controlled by a trade agreement investor, with respect to a Canadian business,

means, despite subsection 28(2),

(a) the ultimate direct or indirect control in fact of the Canadian business by a

trade agreement investor through the ownership of voting interests; or

(b) the ownership by a trade agreement investor of all or substantially all of the

assets used in carrying on the Canadian business. (sous le contrôle d’un

investisseur (traité commercial))

trade agreement country means a country other than Canada that is a party either

to the Agreement described in subparagraph (a)(i) of the definition trade agreement

investor in this subsection or to a trade agreement listed in column 1 of the schedule.

(pays (traité commercial))

trade agreement investor means

(a) an individual, other than a Canadian, who is

(i) a natural person within the meaning of Article 8.1 of the Agreement as

defined in section 2 of the Canada-European Union Comprehensive

Economic and Trade Agreement Implementation Act, or

(ii) a national within the meaning of any provision set out in column 2 of the

schedule corresponding to a trade agreement set out in column 1;

(b) the government of a trade agreement country, whether federal, state or local,

or an agency of such a government;

subsection 26(1) or (2), and that is a trade agreement investor-controlled entity,

as determined in accordance with subsection (7);

(d) a corporation or limited partnership that meets the following criteria:

(i) it is not a Canadian-controlled entity, as determined under subsection 26

(1),

(ii) it is not an entity described in paragraph (c),

(iii) less than a majority of its voting interests are owned by trade agreement

investors,

(iv) it is not controlled in fact through the ownership of its voting interests, and

(v) two thirds of the members of its board of directors, or two thirds of its

general partners, as the case may be, are any combination of Canadians and

trade agreement investors;

(e) a trust that meets the following criteria:

(i) it is not a Canadian-controlled entity, as determined under subsection 26(1)

or (2),

(ii) it is not an entity described in paragraph (c),

(iii) it is not controlled in fact through the ownership of its voting interests, and

(iv) two thirds of its trustees are any combination of Canadians and trade

agreement investors; or

(f) any other form of business organization specified by the regulations that is

controlled by a trade agreement investor. (investisseur (traité commercial))

Interpretation

(7) For the purpose only of determining whether an entity is a trade agreement

investor-controlled entity under paragraph (c) of the definition trade agreement

investor in subsection (6),

(a) subsections 26(1) and (2) and section 27 apply and, for that purpose,

(i) every reference in those provisions to “Canadian” or “Canadians” shall be

read and construed as a reference to “trade agreement investor” or “trade

agreement investors”, respectively,

(ii) every reference in those provisions to “non-Canadian” or “non-Canadians”

shall be read and construed as a reference to “non-Canadian other than a

trade agreement investor,” or “non-Canadians, other than trade agreement

investors,” respectively, except for the reference to “non-Canadians” in

subparagraph 27(d)(ii), which shall be read and construed as a reference to

“not trade agreement investors”,

(iii) every reference in those provisions to “Canadian-controlled” shall be read

and construed as a reference to “trade agreement investor-controlled”, and

(iv) the reference in subparagraph 27(d)(i) to “Canada” shall be read and

construed as a reference to “a trade agreement country”; and

(b) if two persons, one being a Canadian and the other being a trade agreement

investor, own equally all of the voting shares of a corporation, the corporation is

deemed to be trade agreement investor-controlled.

Regulations

14.2 The Governor in Council may make any regulations that the Governor in

Council considers necessary for carrying out the purposes and provisions of sections

14.1 and 14.11.

Order

14.3 The Governor in Council may, by order, amend the schedule by adding,

deleting or replacing the name of a trade agreement in column 1 or a corresponding

provision setting out the meaning of national in column 2.

81 The Act is amended by adding, after section 51, the schedule set out in

Schedule 3 to this Act.

R.S., c. 1 (2nd Supp.)

Customs Act

82 Subsection 2(1) of the Customs Act is amended by adding the following in

alphabetical order:

CETA has the same meaning as Agreement in section 2 of the Canada–European

Union Comprehensive Economic and Trade Agreement Implementation Act;

(AÉCG)

EU country or other CETA beneficiary has the same meaning as in subsection 2

(1) of the Customs Tariff; (pays de l’Union européenne ou autre bénéficiaire de

l’AÉCG)

2009, c. 6, s. 24(1)

83 (1) The portion of paragraph 42.1(1)(a) of the Act before subparagraph (i) is

replaced by the following:

(a) conduct a verification of origin of goods for which preferential tariff treatment

under a free trade agreement, other than a free trade agreement referred to in

subsection (1.1), is claimed

2009, c. 6, ss. 24(2) and (3)

(2) Subsections 42.1(1.1) and (2) of the Act are replaced by the following:

Method of verification — certain agreements

(1.1) Any officer, or any officer within a class of officers, designated by the President

for the purposes of this section, or any person, or any person within a class of

persons, designated by the President to act on behalf of such an officer, may,

subject to any prescribed conditions, conduct any of the following:

(a) a verification of origin of goods for which preferential tariff treatment under

CEFTA is claimed, by requesting in writing that the customs administration of the

EFTA state of export conduct a verification and provide an opinion as to whether

the goods are originating within the meaning of Annex C of CEFTA;

(b) a verification of origin of goods for which preferential tariff treatment under

CETA is claimed, by requesting in writing that the customs administration of the

EU country or other CETA beneficiary of export conduct a verification and provide

a written report as to whether the goods are originating within the meaning of the

Protocol on Rules of Origin and Origin Procedures of CETA.

Withdrawal of preferential tariff treatment

(2) If an exporter or producer of goods that are subject to a verification of origin

under paragraph (1)(a) fails to comply with the prescribed requirements or, in the

case of a verification of origin under subparagraph (1)(a)(i), does not consent to the

verification of origin in the prescribed manner and within the prescribed time,

preferential tariff treatment under a free trade agreement, other than a free trade

agreement referred to in subsection (1.1), may be denied or withdrawn from the

goods.

2009, c. 6, s. 24(3)

(3) The portion of subsection 42.1(3) of the Act before paragraph (b) is

replaced by the following:

Withdrawal of preferential tariff treatment — certain agreements

(3) Preferential tariff treatment under a free trade agreement referred to in subsection

(1.1) may be denied or withdrawn from the goods in any of the following

circumstances:

(a) in the case of CEFTA, if the EFTA state of export fails to conduct a verification

or provide an opinion as to whether the goods are originating;

(a.1) in the case of CETA, if the EU country or other CETA beneficiary of export

fails to conduct a verification or provide a written report as to whether the goods

are originating;

2009, c. 6, s. 28

84 (1) Subsection 97.201(1) of the Act is replaced by the following:

Verification of origin — certain agreements

97.201 (1) The customs administration of any state or beneficiary referred to in

subsection 42.1(1.1) to which goods were exported may request in writing that the

Agency conduct a verification and provide, as the case may be

(a) an opinion as to whether those goods are originating within the meaning of

Annex C of CEFTA; or

(b) a written report as to whether the goods are originating within the meaning of

the Protocol on Rules of Origin and Origin Procedures of CETA.

2009, c. 6, s. 28

(2) Subsection 97.201(3) of the Act is replaced by the following:

Statement of origin — certain agreements

(3) On completion of a verification of origin requested under subsection (1), an officer

or other person designated under subsection (2) shall

(a) provide, in the prescribed manner, the customs administration of the state or

beneficiary with the opinion or written report requested and any relevant

supporting documents that may be requested by that customs administration; and

(b) determine whether the goods are originating within the meaning of the

applicable provision referred to in subsection (1).

2012, c. 18, s. 30

85 Subsection 164(1.1) of the Act is replaced by the following:

Regulations

(1.1) The Governor in Council may, on the recommendation of the Minister, make

regulations for the purpose of the uniform interpretation, application and

administration of a protocol, chapter or provision — set out in column 2 of Part 5 of

the schedule — in an agreement set out in column 1, and any other matters that may

be agreed on from time to time by the parties to that agreement.

86 Part 1 of the schedule to the Act is amended by adding, in alphabetical

order, a reference to “EU country or other CETA beneficiary” in column 1, a

corresponding reference to “CETA” in column 2 and a corresponding

reference to “Canada–European Union Tariff rates of customs duty under the

Customs Tariff” in column 3.

87 Part 4 of the schedule to the Act is amended by adding, in alphabetical

order, a reference to “EU country or other CETA beneficiary” in column 1 and a

corresponding reference to “CETA” in column 2.

88 The heading of column 2 of Part 5 of the schedule to the Act is replaced by

“Protocol, Chapter or Provision”.

89 Part 5 of the schedule to the Act is amended by adding, in alphabetical

order, a reference to “CETA” in column 1 and a corresponding reference to

“Protocol on Rules of Origin and Origin Procedures” in column 2.

R.S., c. 17 (2nd Supp.)

Commercial Arbitration Act

90 Schedule 2 to the Commercial Arbitration Act is amended by adding, at the

end of column 1, a reference to “Article 8.23” and a corresponding reference to

“Comprehensive Economic and Trade Agreement between Canada and the

European Union and its Member States, done at Brussels on October 30, 2016”

in column 2.

1992, c. 31

Coasting Trade Act

91 (1) The definition owner in subsection 2(1) of the English version of the

Coasting Trade Act is replaced by the following:

owner, in relation to a ship, means the person having for the time being, either by

law or by contract, the rights of the owner of the ship with respect to its possession

and use; (propriétaire)

(2) Subsection 2(1) of the Act is amended by adding the following in

alphabetical order:

Canadian entity means

(a) a corporation that is incorporated in Canada, or

(b) a trust, partnership, joint venture or other association that is formed in

Canada; (entité canadienne)

CETA has the same meaning as Agreement in section 2 of the Canada–European

Union Comprehensive Economic and Trade Agreement Implementation Act;

(AÉCG)

EU entity means

(a) a corporation that is incorporated in the territory of the European Union, or

(b) a trust, partnership, joint venture or other association that is formed in the

territory of the European Union; (entité de l’Union européenne)

territory of the European Union means the territory in which the Treaty on

European Union, done at Maastricht on February 7, 1992, and the Treaty

Establishing the European Economic Community, done at Rome on March 25, 1957

— renamed the Treaty on the Functioning of the European Union — as they are

amended from time to time, are applicable, in accordance with the conditions

specified in those treaties; (territoire de l’Union européenne)

92 (1) Subsection 3(1) of the Act is replaced by the following:

Prohibition

3 (1) No foreign ship or non-duty paid ship shall, except in accordance with a licence,

engage in the coasting trade.

(2) Section 3 of the Act is amended by adding the following after subsection

(2):

Repositioning of empty containers

(2.1) Subsection (1) does not apply in respect of carriage between one place in

Canada and another, without consideration, by any of the following ships, of empty

containers that are owned or leased by the ship’s owner and any ancillary equipment

that is permanently affixed to the containers:

(a) a non-duty paid ship whose owner is a Canadian entity or an EU entity;

(b) a foreign ship that is registered in the first, or domestic, register of a member

state of the European Union and whose owner is a Canadian entity, an EU entity

or an entity that is under Canadian or European control;

member state of the European Union and whose owner is a Canadian entity, an

EU entity or an entity under Canadian or European control; and

(d) a foreign ship that is registered in a register other than the Canadian Register

of Vessels or a register referred to in paragraph (b) or (c), and whose owner is a

Canadian entity or an EU entity.

Dredging activities

(2.2) Subsection (1) does not apply in respect of dredging activities — other than

dredging activities that are provided under an agreement with Her Majesty in right of

Canada or with an entity which is listed in Annex 19-1, as amended from time to

time, of Chapter Nineteen of CETA — carried out by a ship described in any of

paragraphs (2.1)(a) to (d).

Feeder services — continual or single trip

(2.3) Subsection (1) does not apply in respect of

(a) the carriage of goods by a ship that is described in paragraph (2.1)(b), from

the port of Halifax — where the goods are loaded — to the port of Montreal, or

vice versa, if that carriage is one leg of the importation of the goods into Canada;

(b) the carriage of goods by the ship from the port of Montreal — where the

goods are loaded — to the port of Halifax, or vice versa, if that carriage is one leg

of the exportation of the goods from Canada.

Feeder services — single trip

(2.4) Subject to subsection (2.5), subsection (1) does not apply in respect of the

carriage, by a ship that is described in paragraph (2.1)(c), of goods in a container

from the port of Montreal to the port of Halifax, or vice versa, if

(a) that carriage is one leg of the importation of the goods into or exportation from

Canada; and

(b) the container is at least 6.1 metres in length and has an internal volume of at

least 14 cubic metres, is designed for carrying goods more than once and by one

or more modes of transportation, and does not have wheels or is not otherwise

built for being driven or drawn.

Subsequent coasting trade subject to subsection (1)

(2.5) Once a ship has completed a carriage of goods as described in subsection

(2.4), subsection (1) applies to the ship in respect of any such subsequent carriage

of goods by the ship, until it departs from the exclusive economic zone of Canada or

from the inland waters, as defined in subsection 2(1) of the Customs Act, at a

location where the inland waters are contiguous to the United States.

Provision of information

(2.6) Before a ship engages, without a licence, in any activities referred to in

subsections (2.1) to (2.4) and for which the owner of the ship intends to rely on an

exemption under any one of those subsections, the owner shall provide information

to an enforcement officer, in the form and manner specified by the Minister,

establishing that the ship meets the applicable conditions under any of paragraphs

(2.1)(a) to (d).

(3) Section 3 of the Act is amended by adding the following after subsection

(5):

Other laws apply

(6) For greater certainty, any law of Canada that imposes safety or pollution

prevention requirements applies to a foreign ship that is exempted from the

application of subsection (1).

Control

(7) For the purposes of paragraphs (2.1)(b) and (c), an entity is under Canadian or

European control

(a) in the case of a third party entity that is a corporation, if securities of the

corporation to which are attached more than 50% of the votes that may be cast to

elect directors of the corporation are directly or indirectly held, otherwise than

through a subsidiary or by way of security only, by or for the benefit of any of, or

any combination of, the following individuals:

(i) a Canadian citizen,

(ii) a permanent resident as defined in subsection 2(1) of the Immigration and

Refugee Protection Act, or

(iii) a national of a member state of the European Union; or

(b) in the case of a third party entity that is a trust, partnership, joint venture or

other association, if an individual, or any combination of individuals, described in

any of subparagraphs (a)(i) to (iii) holds, directly or indirectly, but not through a

subsidiary, an interest in the trust, partnership, joint venture or other association

that entitles the individual or combination of individuals to receive more than 50%

of its profits or more than 50% of its assets on dissolution.

Third party entity

(8) For the purposes of subsection (7), third party entity means

(a) a corporation, other than an entity referred to in paragraph (a) of the definition

of either Canadian entity or EU entity, that is not incorporated under the law of the

United States; or

(b) a trust, partnership, joint venture or other association, other than an entity

referred to in paragraph (b) of the definition of either Canadian entity or EU entity,

that is not formed under the law of the United States.

93 The Act is amended by adding the following after section 5:

Dredging — provisions not applicable

5.1 (1) The following provisions do not apply with respect to licence applications

relating to dredging activities that are to be provided under an agreement with Her

Majesty in right of Canada or with an entity which is listed in Annex 19-1, as

amended from time to time, of Chapter Nineteen of CETA:

(a) for an application made on behalf of a ship described in paragraph 3(2.1)(a),

paragraph 5(a); and

(b) for an application made on behalf of a ship described in paragraph 3(2.1)(b)

or (c), paragraph 4(1)(a).

Total value of agreement

(2) Subsection (1) applies only if the total value of the agreement of which the

dredging activities form a part is equal to or greater than the threshold — the sum in

Canadian dollars which the Minister for International Trade determines to be

equivalent, for a period which he or she determines, to 5 million special drawing

rights issued by the International Monetary Fund — that is applicable on the day of

the issuance of the call or request for bids or tenders related to the activities.

94 Section 7 of the Act is replaced by the following:

Regulations

7 The Governor in Council may, by regulation

(a) specify that a territory is, or is not, a territory referred to in the definition of

territory of the European Union in subsection 2(1);

(b) indicate, for the purpose of paragraph 3(2.1)(c), the registers that are second,

or international, registers of member states of the European Union; and

1997, c. 36

Customs Tariff

95 Subsection 2(1) of the Customs Tariff is amended by adding the following in

alphabetical order:

Canada–European Union Comprehensive Economic and Trade Agreement has

the same meaning as Agreement in section 2 of the Canada–European Union

Comprehensive Economic and Trade Agreement Implementation Act. (Accord

économique et commercial global entre le Canada et l’Union européenne)

EU country or other CETA beneficiary has the meaning assigned by regulation.

(pays de l’Union européenne ou autre bénéficiaire de l’AÉCG)

96 Section 27 of the Act is amended by adding the following in alphabetical

order:

CEUT refers to the Canada–European Union Tariff. (TCUE)

97 The Act is amended by adding the following after section 49.7:

Canada–European Union Tariff

Application of CEUT

49.8 (1) Subject to section 24, goods that originate in an EU country or other CETA

beneficiary are entitled to the Canada–European Union Tariff rates of customs duty.

“A” final rate for CEUT

(2) If “A” is set out in the column entitled “Preferential Tariff” in the List of Tariff

Provisions following the abbreviation “CEUT” in relation to goods entitled to the

Canada–European Union Tariff, the Canada–European Union Tariff rate of customs

duty that applies to those goods is the final rate of “Free”.

“F” staging for CEUT

(3) If “F” is set out in the column entitled “Preferential Tariff” in the List of Tariff

Provisions following the abbreviation “CEUT” in relation to goods entitled to the

Canada–European Union Tariff, the Canada–European Union Tariff rate of customs

duty that applies to those goods is the initial rate, reduced as provided in the “F”

Staging List.

Staging for CEUT

(4) If “W1”, “W2”, “W3” or “W4” is set out in the column entitled “Preferential Tariff” in

the List of Tariff Provisions following the abbreviation “CEUT” in relation to goods

entitled to the Canada–European Union Tariff, the Canada–European Union Tariff

rate of customs duty that applies to those goods is the initial rate, reduced

(a) if “W1” is set out,

(i) effective on the coming into force of this section, to three quarters of the

initial rate,

(ii) effective on January 1 of the first year after the year in which this section

comes into force, to one half of the initial rate,

(iii) effective on January 1 of the second year after the year in which this

section comes into force, to one quarter of the initial rate, and

(iv) effective on January 1 of the third year after the year in which this section

comes into force, to the final rate of “Free”;

(b) if “W2” is set out,

(i) effective on the coming into force of this section, to five sixths of the initial

rate,

(ii) effective on January 1 of the first year after the year in which this section

comes into force, to two thirds of the initial rate,

(iii) effective on January 1 of the second year after the year in which this

section comes into force, to one half of the initial rate,

(iv) effective on January 1 of the third year after the year in which this section

comes into force, to one third of the initial rate,

(v) effective on January 1 of the fourth year after the year in which this section

comes into force, to one sixth of the initial rate, and

(vi) effective on January 1 of the fifth year after the year in which this section

comes into force, to the final rate of “Free”;

(i) effective on the coming into force of this section, to seven eighths of the

initial rate,

(ii) effective on January 1 of the first year after the year in which this section

comes into force, to three quarters of the initial rate,

(iii) effective on January 1 of the second year after the year in which this

section comes into force, to five eighths of the initial rate,

(iv) effective on January 1 of the third year after the year in which this section

comes into force, to one half of the initial rate,

(v) effective on January 1 of the fourth year after the year in which this section

comes into force, to three eighths of the initial rate,

(vi) effective on January 1 of the fifth year after the year in which this section

comes into force, to one quarter of the initial rate,

(vii) effective on January 1 of the sixth year after the year in which this section

comes into force, to one eighth of the initial rate, and

(viii) effective on January 1 of the seventh year after the year in which this

section comes into force, to the final rate of “Free”; and

(d) if “W4” is set out,

(i) effective on the fifth anniversary of the day on which this section comes into

force, to two thirds of the initial rate,

(ii) effective on January 1 of the sixth year after the year in which this section

comes into force, to one third of the initial rate, and

(iii) effective on January 1 of the seventh year after the year in which this

section comes into force, to the final rate of “Free”.

Rounding of specific rates

(5) If a reduction under subsection (3) or (4) results in a specific rate of customs duty

that includes a fraction of one tenth of a cent, the rate shall be rounded down to the

nearest one tenth of a cent.

Rounding of amounts

(6) If a reduction under subsection (3) or (4) results in a rate of customs duty that

includes a fraction of one per cent, the resulting percentage shall be rounded down

to the nearest one tenth of one percent.

Rounding of amounts — fraction other than 0.5

(7) If, for any goods other than motor vehicles of heading No. 87.02, 87.03 or 87.04,

a reduction under subsection (3) or (4) or a rounding of rates under subsection (6)

results in a rate of customs duty that includes a fraction of one per cent other than

0.5, the resulting percentage shall be rounded down to the nearest percentage that

divides evenly by 0.5.

Elimination of rates of less than 2%

(8) If, for any goods other than motor vehicles of heading No. 87.02, 87.03 or 87.04,

a reduction under subsection (3) or (4) results in a rate of customs duty that is a

percentage of less than two per cent, the rate shall be further reduced to “Free”

immediately.

Regulations

49.9 The Governor in Council may, on the recommendation of the Minister, make

regulations defining the term EU country or other CETA beneficiary.

Extension and withdrawal of entitlement

49.91 (1) The Governor in Council may, on the recommendation of the Minister, by

order, amend the schedule to

(a) extend entitlement to the Canada–European Union Tariff to any goods that

originate in an EU country or other CETA beneficiary; or

(b) withdraw entitlement to the Canada–European Union Tariff from any goods

that originate in a country if, in the opinion of the Governor in Council, those

goods are not entitled to that Tariff under the Canada–European Union

Comprehensive Economic and Trade Agreement.

Content of order

(2) An order made under subsection (1)

(a) must specify the date on which the order becomes effective;

(b) must, if the order partially extends entitlement to the Canada–European Union

Tariff, indicate the goods to which entitlement to that Tariff is extended;

prescribe any conditions that apply; and

(d) must, if the order wholly or partially withdraws entitlement to the Canada

–European Union Tariff, indicate the goods to which the Most-Favoured-Nation

Tariff applies as a consequence.

2011, c. 24, s. 130

98 The definition customs duties in section 80 of the Act is replaced by the

following:

customs duties, other than for the purposes of sections 95, 96 and 98.1, means

customs duties imposed under Part 2, other than surtaxes or temporary duties

imposed under Division 4 of Part 2. (droits de douane)

99 Section 87 of the Act is amended by adding the following after subsection

(4):

Goods of tariff item No. 9971.00.00 — EU

(5) Despite subsection 20(2), the value for duty of goods of tariff item No. 9971.00.00

that are entitled to the Canada–European Union Tariff is the value of the repairs or

alterations made to those goods in an EU country or other CETA beneficiary.

Limitation

(6) Subsection (5) ceases to have effect on January 1 of the seventh year after the

year in which this subsection comes into force.

100 The portion of subsection 89(1) of the Act before paragraph (a) is replaced

by the following:

Relief

89 (1) Subject to subsection (2), sections 95 and 98.1 and any regulations made

under section 99, if an application for relief is made within the prescribed time, in

accordance with subsection (4), by a person of a prescribed class, relief may be

granted from the payment of duties that would but for this section be payable in

respect of imported goods that are

2002, c. 19, s. 21(4)

101 (1) The portion of subsection 94(1) of the Act before paragraph (a) is

replaced by the following:

Definition of customs duties

94 (1) In sections 95, 96 and 98.1, customs duties means customs duties imposed

under Part 2, other than

2002, c. 22, s. 351

(2) Subsection 94(2) of the Act is replaced by the following:

For greater certainty

(2) For greater certainty, in sections 95, 96 and 98.1, customs duties does not

include any duties or taxes levied or imposed on imported goods under the Excise

Act, 2001, the Excise Tax Act or the Special Import Measures Act.

102 The Act is amended by adding the following after section 98:

Repayment of relief — EU

98.1 (1) If relief is granted under section 89 in respect of goods used as materials, or

for which identical, equivalent or similar substitutes are used as materials, in the

production of other goods that are exported, on or after the third anniversary of the

day on which section 49.8 comes into force, to an EU country or other CETA

beneficiary and that benefit, when imported into that country, from a preferential tariff

under the Canada–European Union Comprehensive Economic Trade Agreement,

(a) the person who exported the other goods shall, within 60 days after exporting

them, report their exportation in the prescribed manner to an officer at a customs

office and pay an amount equal to the portion of the duties relieved under section

89 that are customs duties; and

(b) subject to subsection (4) but despite any other provision of this Part, the

person and any other person who was granted that relief are, from the time the

other goods are exported, jointly and severally or solidarily liable to pay to Her

Majesty in right of Canada the amount referred to in paragraph (a).

Debt to Her Majesty

(2) While it remains unpaid, the amount referred to in subsection (1) is a debt owing

to Her Majesty in right of Canada under the Customs Act.

No refund or drawback

(3) No refund or drawback may be granted under section 113 for customs duties paid

in respect of goods for which relief of all or a portion of the duties could have been,

but was not, granted under section 89, if

(a) the goods are used as materials, or identical, equivalent or similar substitutes

for those goods are used as materials, in the production of other goods; and

(b) those other goods are exported, on or after the third anniversary of the day on

which section 49.8 comes into force, to an EU country or other CETA beneficiary

and benefit, when imported into that country, from a preferential tariff under the

Canada–European Union Comprehensive Economic Trade Agreement.

Exceptions

(4) Subsections (1) and (3) do not apply to

(a) imported goods that originate in an EU country or other CETA beneficiary that

are used as materials, or for which identical, equivalent or similar substitutes are

used as materials, in the production of other goods that are exported to an EU

country or other CETA beneficiary;

(b) imported goods referred to in subsection 89(1) that are deemed to have been

exported by reason of their having been

(i) placed in a duty free shop for exportation,

(ii) designated as ships’ stores by regulations made under paragraph 99(g), or

(iii) supplied for use on board a conveyance of a class prescribed under

paragraph 99(g); or

class of such goods, that may, on the recommendation of the Minister, be

prescribed by the Governor in Council on the basis of an agreement between the

Government of Canada and the other parties to the Canada–European Union

Comprehensive Economic and Trade Agreement.

Definition of materials

(5) In this section, materials means goods that are used in the processing of other

goods, and includes parts or ingredients.

103 The portion of subsection 107(1) of the Act before paragraph (a) is

replaced by the following:

Effect of relief

107 (1) Subject to sections 95 and 98.1, if relief is granted under section 89, 92, 101

or 106 from the payment of the whole or a portion of duties,

104 The portion of subsection 113(1) of the Act before paragraph (a) is

replaced by the following:

Refund or drawback

113 (1) Subject to subsection (2), sections 96 and 98.1 and any regulations made

under subsection (4), a refund or drawback shall be granted of all or a portion of

duties if

105 Section 123 of the Act is amended by adding the following after subsection

(7):

Interest on the payment of relief for CETA

(8) A person who is liable under subsection 98.1(1) to pay an amount shall pay, in

addition to the amount, interest at the specified rate for the period beginning on the

sixty-first day after on which the day the amount became payable and ending on the

day on which the amount is paid in full, calculated on the amount of the balance

outstanding.

106 (1) Paragraph 133(j) of the Act is amended by adding, in alphabetical order,

a reference to “an EU country or other CETA beneficiary” in the list of

countries.

(2) Paragraph 133(j.1) of the Act is amended by adding, in alphabetical order, a

reference to “an EU country or other CETA beneficiary” in the list of countries.

107 (1) The List of Countries and Applicable Tariff Treatments set out in the

schedule to the Act is amended

(a) by striking out the references to “Antilles, Netherlands”, “North Africa,

Spanish” and “West Indies, French” in the column “Country Name”;

(b) by striking out, in the column “MFN”, the symbol “X” opposite the

reference to the countries listed in paragraph (a); and

reference to “North Africa, Spanish”.

(2) The List of Countries and Applicable Tariff Treatments set out in the

schedule to the English version of the Act is amended

(a) by striking out the reference to “Southern and Antarctic Territories

French” in the column “Country Name” and the symbol “X” under the

columns “MFN” and “GPT” opposite the reference to that country; and

(b) by adding, in alphabetical order, a reference to “French Southern and

Antarctic Territories” in the column “Country Name” and the symbol “X” in

the columns “MFN” and “GPT” opposite the reference to that country.

(3) The List of Countries and Applicable Tariff Treatments set out in the

schedule to the Act is amended

(a) by adding, in alphabetical order, in the column “Country Name”, the

following:

Aruba

Bonaire, Sint Eustatius and Saba

Canary Islands

Ceuta and Melilla

Curaçao

Faroe Islands

French Guiana

Greenland

Guadeloupe

Martinique

Mayotte

Réunion

Saint Barthélemy

Saint Martin

Saint Pierre and Miquelon

Sint Maarten

South Georgia and the South Sandwich Islands

Wallis and Futuna

(b) by adding, in the column “MFN”, the symbol “X” opposite the references

to those entries added under paragraph (a);

to “Canary Islands” and “Ceuta and Melilla”.

108 (1) The List of Tariff Provisions set out in the schedule to the Act is

amended by

(a) adding in the column “Preferential Tariff / Initial Rate”, above the

reference to “GPT”, a reference to “CEUT:”;

(b) adding in the column “Preferential Tariff / Final Rate”, above the

reference to “GPT”, a reference to “CEUT:”;

“Free” after the abbreviation “CEUT”, and adding in the column

“Preferential Tariff / Final Rate” a reference to “Free (A)” after the

abbreviation “CEUT”, for all tariff items except those set out in Schedules 4

and 5 to this Act;

(d) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential

Tariff / Final Rate”, a reference to “N/A” after the abbreviation “CEUT” for

the tariff items set out in Schedule 4 to this Act; and

(e) adding in the columns “Preferential Tariff / Initial Rate” and “Preferential

Tariff / Final Rate” after the abbreviation “CEUT”, for each tariff item set out

in Schedule 5 to this Act, the rates of duty and staging categories set out

with respect to that tariff item in that Schedule.

(2) The Description of Goods of tariff item No. 9971.00.00 in the List of Tariff

Provisions set out in the schedule to the Act is amended by adding, in

alphabetical order, a reference to “an EU country or other CETA beneficiary” in

the list of countries.

(3) Note 1 to the Description of Goods of tariff item No. 9971.00.00 in the List of

Tariff Provisions set out in the schedule to the Act is replaced by the following:

Note 1: The Canada–European Union Tariff, Iceland Tariff, Korea Tariff, Norway

Tariff and Switzerland–Liechtenstein Tariff rate of customs duty applicable to goods

classified under this tariff item shall be, in respect of the value of the repair or

alteration to the goods carried out only in an EU country or other CETA beneficiary,

Iceland, Korea, Norway, Switzerland or Liechtenstein, respectively, determined

under section 87 of this Act, in accordance with their classification in Chapters 1 to

97.

(4) The Description of Goods of tariff item No. 9992.00.00 in the List of Tariff

Provisions set out in the schedule to the Act is amended by adding, in

alphabetical order, a reference to “an EU country or other CETA beneficiary” in

the list of countries.

2002, c. 28

Pest Control Products Act

109 Subsection 7(2) of the Pest Control Products Act is replaced by the

following:

Use of information provided by registrants

(2) If the Minister determines that the active ingredient of the applicant’s pest control

product is equivalent to the active ingredient of a registered pest control product, the

Minister shall, subject to and in accordance with the regulations, permit the applicant

to use or rely on any information referred to in subsection (1) that has been provided

by any registrant if the Minister is satisfied that the information

(a) is relevant to the registered pest control product that contains the equivalent

active ingredient; and

(b) is necessary to support the application.

110 Subsection 16(5) of the Act is replaced by the following:

Provision of information if more than one registrant

(5) If there is more than one registrant whose registered pest control products have

active ingredients that the Minister has determined to be equivalent,

(a) two or more registrants may provide the information required under

subsection (3) or paragraph 19(1)(a) jointly; and

(b) if the Minister is satisfied that the information required under subsection (3) or

paragraph 19(1)(a) has been provided by one or more registrants, the Minister

shall, subject to and in accordance with the regulations, permit another registrant

to use or rely on that information to meet the requirements under that subsection

or paragraph.

If active ingredients not equivalent

(5.1) If the active ingredients of the registered pest control product that is subject to

the re-evaluation are not equivalent to the active ingredients in another registrant’s

registered pest control product, the Minister shall, subject to and in accordance with

the regulations, permit the registrant whose product is subject to the re-evaluation to

use or rely on information provided by the other registrant if the Minister is satisfied

that the information is necessary for the re-evaluation.

111 Subsection 18(3) of the Act is replaced by the following:

Provision of information if more than one registrant

(3) If there is more than one registrant whose registered pest control products have

active ingredients that the Minister has determined to be equivalent,

(a) two or more registrants may provide the information required under

subsection (1) or paragraph 19(1)(a) jointly; and

(b) if the Minister is satisfied that the information required under subsection (1) or

paragraph 19(1)(a) has been provided by one or more registrants, the Minister

shall, subject to and in accordance with the regulations, permit another registrant

to use or rely on that information to meet the requirements under that subsection

or paragraph.

If active ingredients not equivalent

(3.1) If the active ingredients of a registered pest control product that is subject to the

special review are not equivalent to the active ingredients in another registrant’s

registered pest control product, the Minister shall, subject to and in accordance with

the regulations, permit the registrant whose product is subject to the special review

to use or rely on information provided by the other registrant if the Minister is

satisfied that the information is necessary for the special review.

112 Subsection 66(2) of the Act is replaced by the following:

Negotiation and arbitration

(2) An agreement referred to in subsection (1) shall be entered into, and provide for

the determination of compensation payable through negotiation and binding

arbitration, in accordance with the regulations.

113 Subsection 67(1) of the Act is amended by adding the following after

paragraph (z):

(z.01) respecting the entering into of agreements and the determination of

compensation payable through negotiations and binding arbitration, under section

66;

Transitional Provisions

Definition of Act

114 In sections 115 and 116, Act means the Trade-marks Act.

Indications in Schedule

115 (1) Despite subsection 11.12(2) and section 11.13 of the Act, the Registrar,

as defined in section 2 of the Act, must, as soon as feasible after this section

comes into force, enter the indications set out in Schedule 6 to this Act on the

list of geographical indications kept under subsection 11.12(1) of the Act.

Deemed entered on list

(2) Those indications and all translations of those indications are deemed to

have been entered on the list on the day on which this section comes into

force.

For greater certainty

(3) For greater certainty, the Registrar is not required to enter those

translations on the list.

Geographical indications

(4) Each of those indications, to the extent that it remains on the list, is

deemed to be a geographical indication as defined in section 2 of the Act.

Acquired rights

(5) For the purpose of subsection 11.2(3) of the Act, the reference to “the day

on which a statement by the Minister is published under subsection 11.12(2) or

(2.1)” is to be read, with respect to those indications, as a reference to “the day

on which this section comes into force”.

Indication “Feta”

(6) For the purpose of section 11.22 of the Act, the indication “Feta” is deemed

to be listed in Part A of Annex 20-A, as amended from time to time, of Chapter

Twenty of the Comprehensive Economic and Trade Agreement between

Canada and the European Union and its Member States, done at Brussels on

October 30, 2016, to the extent that the indication “Φέτα” (Feta) remains listed

in that Part A of Annex 20-A of that Agreement.

Additional indications

116 (1) On the publication of a statement by the Minister, as defined in section

11.11 of the Act, that a geographical indication has been added to Part A of

Annex 20-A, as amended from time to time, of Chapter Twenty of the

Comprehensive Economic and Trade Agreement between Canada and the

European Union and its Member States, done at Brussels on October 30, 2016,

the Registrar, as defined in section 2 of the Act, must, despite subsection

11.12(2) and section 11.13 of the Act, enter the indication on the list kept under

subsection 11.12(1) of the Act.

Information in statement

(2) The Minister’s statement must set out the information described in

paragraphs 11.12(3)(b) to (d) and (f) of the Act in respect of the indication.

Deemed entered on list

(3) The indication and all translations of the indication are deemed to have

been entered on the list on the date on which the indication is added to Part A

of Annex 20-A of Chapter Twenty of that Agreement.

For greater certainty

(4) For greater certainty, the Registrar is not required to enter those

translations on the list.

Geographical indication

(5) The indication, to the extent that it remains on the list, is deemed to be a

geographical indication as defined in section 2 of the Act.

Acquired rights

(6) For the purpose of subsection 11.2(3) of the Act, the reference to “the day

on which a statement by the Minister is published under subsection 11.12(2) or

(2.1)” is to be read, with respect to the indication, as a reference to “the date

on which the indication is added to Part A of Annex 20-A, as amended from

time to time, of Chapter Twenty of the Comprehensive Economic and Trade

Agreement between Canada and the European Union and its Member States,

done at Brussels on October 30, 2016”.

Investment Canada Act — Section 14.11

117 Any application that is filed under section 17 of the Investment Canada Act

before the day on which section 14.11 of that Act as enacted by section 80 of

this Act comes into force and in respect of which the Minister of Industry has

not issued a decision before that day is deemed never to have been filed if

(a) the investment to which the application relates would have been subject

to subsections 14.11(1) or (2) of that Act, had the application been filed on

that day; and

(b) the enterprise value of the assets to which the application relates is less

than the amount referred to in paragraph 14.11(1)(a) of that Act.

PART 3

Consequential Amendments R.S.C. 1970, c. C-32

Canada Corporations Act

118 Paragraph 16(1)(b) of the Canada Corporations Act is replaced by the

following:

(b) to apply for, purchase or otherwise acquire any patents, patent rights,

certificates of supplementary protection issued under the Patent Act, rights under

such a certificate, copyrights, trade marks, formulae, licences, concessions and

the like, conferring any exclusive or non-exclusive or limited right to use, or any

secret or other information as to any invention that may seem capable of being

used for any of the purposes of the company, or the acquisition of which may

seem calculated directly or indirectly to benefit the company, and to use,

exercise, develop or grant licences in respect of, or otherwise turn to account, the

property, rights or information so acquired;

119 Paragraph 68(1)(e) of the Act is replaced by the following:

(e) a mortgage or charge on goodwill, on any patent or licence under a patent, on

any certificate of supplementary protection issued under the Patent Act or licence

under such a certificate, on any trade mark or on any copyright or licence under a

R.S.C. 1970, c. 10 (1st Supp.), s. 15

120 Clause 121(1)(k)(iv)(C) of the Act is replaced by the following:

Patent Act,

R.S., c. A-16; 1997, c. 9, s. 89

Nuclear Energy Act 1997, c. 9, s. 92

121 Paragraphs 10(1)(c) and (d) of the Nuclear Energy Act are replaced by the

following:

requisition or expropriation, acquire or cause to be acquired nuclear substances

and any mines, deposits or claims of nuclear substances and patent rights or

certificates of supplementary protection issued under the Patent Act relating to

nuclear energy and any works or property for production or preparation for

production of, or for research or investigations with respect to, nuclear energy;

and

(d) with the approval of the Governor in Council, license or otherwise make

available or sell or otherwise dispose of discoveries and inventions relating to,

and improvements in processes, apparatus or machines used in connection with,

nuclear energy, patent rights and certificates of supplementary protection

acquired under this Act and collect royalties and fees on and payments for those

licences, discoveries, inventions, improvements, patent rights and certificates.

R.S., c. B-3; 1992, c. 27, s. 2

Bankruptcy and Insolvency Act 1993, c. 34, s. 10(E)

122 Section 82 of the Bankruptcy and Insolvency Act is replaced by the

following:

Trustee to have right to sell patented articles

82 (1) If any property of a bankrupt vesting in a trustee consists of articles that are

subject to a patent or to a certificate of supplementary protection issued under the

Patent Act and were sold to the bankrupt subject to any restrictions or limitations, the

trustee is not bound by the restrictions or limitations but may sell and dispose of the

articles free and clear of the restrictions or limitations.

Right of manufacturer

(2) If the manufacturer or vendor of the articles referred to in subsection (1) objects

to the disposition of them by the trustee as provided by this section and gives to the

trustee notice in writing of the objection before their sale or disposition, that

manufacturer or vendor has the right to purchase the articles at their invoice prices,

subject to any reasonable deduction for depreciation or deterioration.

R.S., c. C-34; R.S., c. 19 (2nd Supp.), s. 19

Competition Act 1990, c. 37, s. 29

123 (1) The portion of subsection 32(1) of the Competition Act before

paragraph (a) is replaced by the following:

Powers of Federal Court where certain rights used to restrain trade

32 (1) In any case where use has been made of the exclusive rights and privileges

conferred by one or more patents for invention, by one or more certificates of

supplementary protection issued under the Patent Act, by one or more trade-marks,

by a copyright or by a registered integrated circuit topography, so as to

1990, c. 37, s. 29

(2) The portion of subsection 32(2) of the Act before paragraph (a) is replaced

by the following:

Orders

(2) The Federal Court, on an information exhibited by the Attorney General of

Canada, may, for the purpose of preventing any use in the manner defined in

subsection (1) of the exclusive rights and privileges conferred by any patents for

invention, certificates of supplementary protection issued under the Patent Act,

trade-marks, copyrights or registered integrated circuit topographies relating to or

affecting the manufacture, use or sale of any article or commodity that may be a

subject of trade or commerce, make one or more of the following orders:

1990, c. 37, s. 29

(3) Paragraph 32(2)(c) of the Act is replaced by the following:

supplementary protection, copyright or registered integrated circuit topography to

the persons and on the terms and conditions that the court may deem proper or,

if the grant and other remedies under this section would appear insufficient to

prevent that use, revoking the patent or certificate of supplementary protection;

2002, c. 16, s. 4(F)

(4) Subsection 32(3) of the Act is replaced by the following:

Treaties, etc.

(3) No order shall be made under this section that is at variance with any treaty,

convention, arrangement or engagement respecting patents, certificates of

supplementary protection, trade-marks, copyrights or integrated circuit topographies

to which Canada is a party.

2009, c. 2, s. 426

124 Paragraph 76(3)(c) of the Act is replaced by the following:

supplementary protection issued under the Patent Act, trade-mark, copyright,

registered industrial design or registered integrated circuit topography.

1990, c. 37, s. 32

125 Paragraph 86(4)(b) of the Act is replaced by the following:

(b) a wider licensing of patents, certificates of supplementary protection issued

under the Patent Act or registered integrated circuit topographies;

R.S., c. D-1

Defence Production Act 1994, c. 47, s. 220 (Sch. IV, item 3)

126 Paragraph (b) of the definition royalties in section 2 of the Defence

Production Act is replaced by the following:

(b) claims for damages for the infringement or use of any registered topography

within the meaning of the Integrated Circuit Topography Act or of any patent,

certificate of supplementary protection issued under the Patent Act or registered

industrial design;

1994, c. 47, s. 220 (Sch. IV, item 4)

127 (1) Subsections 22(1) and (2) of the Act are replaced by the following:

Relief from claims and proceedings for royalties

22 (1) The Minister may, on behalf of Her Majesty, contract with any person that Her

Majesty will relieve that person from any claims, actions or proceedings for the

payment of royalties for the use or infringement of any patent, certificate of

supplementary protection, registered industrial design or registered topography by

that person in, or for the furnishing of any engineering or technical assistance or

services to that person for, the performance of a defence contract.

Relief from royalty payments

(2) A person with whom the Minister has contracted under subsection (1) is not liable

to pay royalties under any contract, statute or otherwise by reason of the use or

infringement of a patent, certificate of supplementary protection, registered industrial

design or registered topography in, or in respect of engineering or technical

assistance or services furnished for, the performance of a defence contract and to

which the contract under subsection (1) applies.

1994, c. 47, s. 220 (Sch. IV, item 4)

(2) Subsection 22(3) of the English version of the Act is replaced by the

following:

Compensation for use

(3) A person who, but for subsection (2), would be entitled to a royalty from another

person for the infringement or use of a patent, certificate of supplementary

protection, registered industrial design or registered topography or in respect of

engineering or technical assistance or services is entitled to reasonable

compensation from Her Majesty for the infringement, use or services and, if the

Minister and that person cannot agree as to the amount of the compensation, it shall

be fixed by the Commissioner of Patents.

1994, c. 47, s. 220 (Sch. IV, item 4)

(3) Subsection 22(5) of the Act is replaced by the following:

Definitions

(5) In this section, certificate of supplementary protection has the same meaning as

in section 2 of the Patent Act and registered topography has the same meaning as in

subsection 2(1) of the Integrated Circuit Topography Act.

R.S., c. F-7; 2002, c. 8, s. 14

Federal Courts Act 1990, c. 37, s. 34(1); 2002, c. 8, s. 29

128 Section 20 of the Federal Courts Act is replaced by the following:

Industrial property, exclusive jurisdiction

20 (1) The Federal Court has exclusive original jurisdiction, between subject and

subject as well as otherwise,

(a) in all cases of conflicting applications for any patent of invention or for any

certificate of supplementary protection under the Patent Act, or for the registration

of any copyright, trade-mark, industrial design or topography within the meaning

of the Integrated Circuit Topography Act; and

(b) in all cases in which it is sought to impeach or annul any patent of invention or

any certificate of supplementary protection issued under the Patent Act, or to

have any entry in any register of copyrights, trade-marks, industrial designs or

topographies referred to in paragraph (a) made, expunged, varied or rectified.

Industrial property, concurrent jurisdiction

(2) The Federal Court has concurrent jurisdiction in all cases, other than those

mentioned in subsection (1), in which a remedy is sought under the authority of an

Act of Parliament or at law or in equity respecting any patent of invention, certificate

of supplementary protection issued under the Patent Act, copyright, trade-mark,

industrial design or topography referred to in paragraph (1)(a).

R.S., c. P-32

Public Servants Inventions Act

129 (1) Subsection 9(1) of the Public Servants Inventions Act is replaced by the

following:

Administration and control of inventions

9 (1) The administration and control of any invention vested in Her Majesty by this

Act and any patent or certificate of supplementary protection issued with respect to

the invention are vested in the appropriate minister, and the appropriate minister may

transfer that administration and control to any other minister or to any corporate

agency of Her Majesty.

(2) Subsection 9(3) of the Act is replaced by the following:

Authority of Crown agencies

(3) Despite anything in its charter or Act of incorporation, an agency to which the

administration and control of any invention, patent or certificate of supplementary

protection is transferred under this section has the capacity and power to receive,

hold, administer, control, develop and exploit the invention, patent or certificate and

generally to carry out the provisions of this Act with respect to the invention, patent or

certificate.

(3) Subsection 9(4) of the English version of the Act is replaced by the

following:

Administration of moneys

(4) If the administration and control of any invention or patent has been transferred

under this section to a corporate agency of Her Majesty, any money received by the

corporate agency in the course of the administration and control of the invention,

patent or certificate of supplementary protection may be retained by that corporate

agency, and shall be used for the purposes of this Act and the objects and purposes

for which the agency was established.

2007, c. 25

Olympic and Paralympic Marks Act

130 Paragraph 3(4)(f) of the Olympic and Paralympic Marks Act is replaced by

the following:

(f) the use of a protected geographical indication identifying a wine or spirit or an

agricultural product or food if the wine or spirit or the agricultural product or food

originates in the territory indicated by the indication;

2014, c. 28

Canada–Korea Economic Growth and Prosperity Act

131 The heading before section 16 and sections 16 to 22 of the Canada–Korea

Economic Growth and Prosperity Act are repealed.

Transitional Provisions

Korean indications

132 (1) Despite subsection 11.12(2) and section 11.13 of the Trade-marks Act,

the Registrar, as defined in section 2 of that Act, must, as soon as practicable

after this subsection comes into force, enter all of the following indications on

the list of geographical indications kept under subsection 11.12(1) of that Act:

(a) GoryeoHongsam;

(b) GoryeoBaeksam;

(d) IcheonSsal;

(e) ginseng rouge de Corée;

(f) ginseng blanc de Corée;

(g) ginseng frais de Corée;

(h) riz Icheon;

(i) Korean Red Ginseng;

(j) Korean White Ginseng;

(k) Korean Fresh Ginseng;

(l) Icheon Rice.

Deemed entry on list

(2) The indications and all translations of those indications are deemed to have

been entered on the list on the day on which this section comes into force.

For greater certainty

(3) For greater certainty, the Registrar is not required to enter those

translations on the list.

Geographical indications

(4) Each of those indications, to the extent that it remains on the list, is

deemed to be a geographical indication as defined in section 2 of that Act.

Acquired rights — Canada–Korea

(5) For the purpose of subsection 11.2(3) of that Act, the reference to “the day

on which a statement by the Minister is published under subsection 11.12(2) or

(2.1)” is to be read, with respect to the indication listed in section 11.23, as a

reference to “January 1, 2015”.

PART 4

Coordinating Amendments and Coming into Force

Coordinating Amendments 2009, c. 23

133 (1) In this section, other Act means the Canada Not-for-profit Corporations

Act.

(2) If paragraph 313(j) of the other Act comes into force before section 118 of

this Act, then that section 118 is repealed.

(3) If paragraph 313(j) of the other Act comes into force on the same day as

section 118 of this Act, then that section 118 is deemed never to have come

into force and is repealed.

(4) If paragraph 313(s) of the other Act comes into force before section 119 of

this Act, then that section 119 is repealed.

(5) If paragraph 313(s) of the other Act comes into force on the same day as

section 119 of this Act, then that section 119 is deemed never to have come

into force and is repealed.

(6) If paragraph 313(z.08) of the other Act comes into force before section 120

of this Act, then that section 120 is repealed.

(7) If paragraph 313(z.08) of the other Act comes into force on the same day as

section 120 of this Act, then that section 120 is deemed never to have come

into force and is repealed.

2014, c. 20

134 (1) In this section, other Act means the Economic Action Plan 2014 Act,

No. 1.

(2) If section 362 of the other Act comes into force before section 60 of this

Act, then every reference to “trade-name” in section 60 of the English version

of this Act is replaced by a reference to “trade name”.

(3) If section 362 of the other Act comes into force on the same day as section

60 of this Act, then that section 60 is deemed to have come into force before

that section 362.

(4) If section 366 of the other Act comes into force before this Act receives

royal assent, then every reference to “trade-mark”, “trade-marks” and “Trade-

marks” is replaced by a reference to “trademark”, “trademarks” and

“Trademarks”, respectively, in the following provisions of the English version

of this Act:

(a) the heading before section 60;

(b) sections 60 to 79;

(d) section 128; and

(e) subsection 132(1).

(5) If section 366 of the other Act comes into force on the day on which this Act

receives royal assent, then this Act is deemed to have received royal assent

before that section 366 comes into force.

(6) If section 355 of the other Act comes into force before section 74 of this

Act, then that section 74 is replaced by the following:

74 Section 61(1) of the Act is replaced by the following:

Judgments to be filed

61 (1) An officer of the Registry of the Federal Court shall file with the Registrar a

certified copy of every judgment or order made by the Federal Court, the Federal

Court of Appeal or the Supreme Court of Canada relating to any trademark on the

(7) If section 355 of the other Act comes into force on the same day as section

74 of this Act, then that section 74 is deemed to have come into force before

that section 355.

(8) If section 358.3 of the other Act comes into force before section 76 of this

Act, then that section 76 is replaced by the following:

76 The Act is amended by adding the following before section 69:

Use of the indication “Beaufort”

68.1 (1) During the period that begins on the day on which this subsection comes

into force and ends on the fifth anniversary of that day, section 11.15 does not apply

to the use, in connection with a business, of the indication “Beaufort”, or any

translation of it in any language, by a person, if they or their predecessor in title used

the indication or the translation in relation to any business or commercial activity in

respect of an agricultural product or food of the category of cheeses, as set out in the

schedule, for less than 10 years before October 18, 2013.

Use of the indication “Nürnberger Bratwürste”

(2) During the period that begins on the day on which this subsection comes into

force and ends on the fifth anniversary of that day, section 11.15 does not apply to

the use, in connection with a business, of the indication “Nürnberger Bratwürste”, or

any translation of it in any language, by a person, if they or their predecessor in title

used the indication or the translation in relation to any business or commercial

activity in respect of an agricultural product or food of the category of fresh, frozen

and processed meats, as set out in the schedule, for less than five years before

October 18, 2013.

Use of the indication “Jambon de Bayonne”

(3) During the period that begins on the day on which this subsection comes into

force and ends on the fifth anniversary of that day, section 11.15 does not apply to

the use, in connection with a business, of the indication “Jambon de Bayonne”, or

any translation of it in any language, by a person, if they or their predecessor in title

used the indication or the translation in relation to any business or commercial

activity in respect of an agricultural product or food of the category of dry-cured

meats, as set out in the schedule, for less than 10 years before October 18, 2013.

Restriction

(4) For the purposes of subsections 68.1(1) to (3), no person is a predecessor in title

if they only transferred the right to use the indication or the translation, or both.

(9) If section 76 of this Act comes into force before section 358.3 of the other

Act, then that section 358.3 is repealed.

(10) If section 358.3 of the other Act comes into force on the same day as

section 76 of this Act, then that section 358.3 is deemed never to have come

into force and is repealed.

2014, c. 39

135 (1) In this section, other Act means the Economic Action Plan 2014 Act,

No. 2.

(2) If subsection 32(3) of this Act comes into force before section 114 of the

other Act, then that section 114 is replaced by the following:

114 The definition filing date in section 2 of the Patent Act is replaced by the

following:

filing date means the date on which an application for a patent in Canada is filed,

as determined in accordance with section 28 or subsection 28.01(2) or 36(4); (date

de dépôt)

(3) If section 114 of the other Act comes into force on the same day as

subsection 32(3) of this Act, then that section 114 is deemed to have come into

force before that subsection 32(3).

(4) If section 33 of this Act comes into force before section 116 of the other

Act, then that section 116 is repealed.

(5) If section 116 of the other Act comes into force on the same day as section

33 of this Act, then that section 116 is deemed never to have come into force

and is repealed.

(6) On the first day on which both subsection 118(5) of the other Act and

subsection 34(3) of this Act are in force, paragraph 12(1)(j.8) of the Patent Act

is replaced by the following:

(j.8) authorizing the Commissioner to, during or after the end of the time period

fixed under this Act in respect of any business before the Patent Office, for doing

anything, extend that time period, subject to any prescribed terms and conditions,

if the Commissioner considers that the circumstances justify the extension;

(7) If section 126 of the other Act comes into force before section 36 of this

Act, then that section 36 is repealed.

(8) If section 36 of this Act comes into force before section 126 of the other

Act, then that section 126 is repealed.

(9) If section 126 of the other Act comes into force on the same day as section

36 of this Act, then that section 126 is deemed never to have come into force

and is repealed.

(10) On the first day on which both section 134 of the other Act and section 59

of this Act are in force, subsection 118(1) of the Patent Act is replaced by the

following:

Transfer of patent

118 (1) Despite subsection 49(1), a certificate of supplementary protection, or an

application for one, is not transferable other than by the transfer of the patent, or part

of the patent, that is set out in the certificate or application.

(11) On the first day on which both section 136 of the other Act and section 59

of this Act are in force, subsection 124(1) of the Patent Act is amended by

adding the following after paragraph (d):

(d.1) section 55.11, with

(i) in subsection (1), the reference to “the following patents” to be read as a

reference to “certificates of supplementary protection that set out the following

patents”,

(ii) in subsections (2) and (4), any reference to “patent” to be read as a

reference to “certificate of supplementary protection”, and

(iii) in subsection (3), any reference to “a patent” to be read as a reference to

“a patent, or the certificate of supplementary protection that sets out the

patent,” and any reference to “the patent” to be read as a reference to “the

certificate of supplementary protection”;

2015, c. 36

136 (1) In this section, other Act means the Economic Action Plan 2015 Act,

No. 1.

(2) On the first day on which both subsection 53(3) of the other Act and section

59 of this Act are in force, the portion of paragraph 12(1)(j.81) of the Patent Act

before subparagraph (i) is replaced by the following:

(j.81) respecting the correction of obvious errors in documents submitted to the

Commissioner or the Patent Office or in patents or other documents granted or

issued under this Act, other than under sections 106 to 134, including

(3) If section 35 of this Act comes into force before section 55 of the other Act,

then that section 55 is repealed.

(4) If section 55 of the other Act comes into force on the same day as section

35 of this Act, then that section 55 is deemed never to have come into force

and is repealed.

(5) If section 60 of the other Act comes into force before section 40 of this Act,

then that section 40 is replaced by the following:

40 The Act is amended by adding the following before section 63:

Judgment voiding patent

62 A patent, or part of a patent, that is voided by a judgment shall be and be held to

have been void and of no effect, unless the judgment is reversed on appeal as

provided in section 63.

(6) If section 40 of this Act comes into force before section 60 of the other Act,

then that section 60 is repealed.

(7) If section 60 of the other Act comes into force on the same day as section

40 of this Act, then that section 60 is deemed never to have come into force

and is repealed.

(8) If section 42 of this Act comes into force before subsection 61(2) of the

other Act, then that subsection 61(2) is repealed.

(9) If subsection 61(2) of the other Act comes into force on the same day as

section 42 of this Act, then that subsection 61(2) is deemed never to have

come into force and is repealed.

(10) On the first day on which both section 63 of the other Act and section 44

of this Act are in force, subsection 78(1) of the Patent Act is replaced by the

following:

Time period extended

78 (1) If a time period fixed under this Act, in respect of any business before the

Patent Office, for doing anything ends on a prescribed day or a day that is

designated by the Commissioner, that time period is extended to the next day that is

not a prescribed day or a designated day.

Bill C-13

137 (1) Subsections (2) to (7) apply if Bill C-13, introduced in the 1st session of

the 42nd Parliament and entitled An Act to amend the Food and Drugs Act, the

Hazardous Products Act, the Radiation Emitting Devices Act, the Canadian

Environmental Protection Act, 1999, the Pest Control Products Act and the

Canada Consumer Product Safety Act and to make related amendments to

another Act (in this section referred to as the “other Act”), receives royal

assent.

(2) If subsection 8(5) of the other Act comes into force before section 26 of this

Act, then that section 26 is repealed.

(3) If section 26 of this Act comes into force before subsection 8(5) of the other

Act, then that subsection 8(5) is repealed.

(4) If subsection 8(5) of the other Act comes into force on the same day as

section 26 of this Act, then that section 26 is deemed never to have come into

force and is repealed.

(5) If section 11 of the other Act comes into force before section 27 of this Act,

then that section 27 is repealed.

(6) If section 27 of this Act comes into force before section 11 of the other Act,

then that section 11 is repealed.

(7) If section 11 of the other Act comes into force on the same day as section

27 of this Act, then that section 27 is deemed never to have come into force

and is repealed.

Coming into Force

Order in council

138 (1) Subject to subsections (2) to (5), the provisions of this Act, other than

sections 133 to 137, come into force on a day to be fixed by order of the

Governor in Council.

Order in council

(2) Subsection 8(3), paragraph 11(1)(a), subsection 11(2), paragraph 13(a) and

section 90 come into force on a day to be fixed by order of the Governor in

Council, but that day must not be before the day referred to in subsection (1).

Order in council

(3) Subsections 32(1) and (4) come into force on a day to be fixed by order of

the Governor in Council.

Order in council

(4) Subsections 32(2) and 34(1) and (2) and sections 36 and 38 to 42 come into

force on a day or days to be fixed by order of the Governor in Council, but that

day or those days must be on or before the day referred to in subsection (1).

Order in council

(5) Sections 45 to 58 come into force on a day to be fixed by order of the

Governor in Council, but that day must not be before the day referred to in

subsection (1).

SCHEDULE 1

(Section 24)

SCHEDULE 2

(Subsection 5.2(1))

Intergovernmental Arrangements — Collection of

Information Relating to Quotas

Column 1 Column 2

Intergovernmental

Arrangement Provisions

CCFTA Schedules to Annex C-02.2, in accordance with Appendix 5.1 of

Annex C-00-B

CCRFTA Schedule to Annex III.3.1, in accordance with Appendix III.1.6.1 of

Annex III.1

CETA Schedules to Annex 2-A, in accordance with Annex 5-A to Annex 5 of

the Protocol on Rules of Origin and Origin Procedures

CHFTA Schedules to Annex 3.4.1, in accordance with Annex 3.1

NAFTA Schedules to Annex 302.2, in accordance with Appendix 6 of Annex

300-B

SCHEDULE 3

(Subsection 5.2(2))

Intergovernmental Arrangements — Collection of

Information Relating to Imports of Textile and Apparel

Goods

Column 1 Column 2

Intergovernmental

Arrangement Provisions

CCFTA Appendix 1.1 of Annex C-00-B

CCRFTA Appendix III.1.1.1 of Annex III.1

CETA Tables C.3 and C.4 of Annex 5-A to Annex 5 of the Protocol on

Rules of Origin and Origin Procedures

CHFTA Section 1 of Annex 3.1

NAFTA Appendix 1.1 of Annex 300-B

SCHEDULE 4

(Section 9.1)

Intergovernmental Arrangements — Issuance of

Certificates for the Export of Goods Subject to Foreign

Import Quotas

Column 1 Column 2 Column 3

Country or

Territory Provisions Provisions Providing for Rates of Duty

Chile Appendix 5.1 to Annex C-00-B

of CCFTA

Schedules to Annex C-02.2 of CCFTA, in

accordance with Appendix 5.1 to Annex

C-00-B of CCFTA

Costa Rica Appendix III.1.6.1 to Annex III.1

of CCRFTA

Schedules to Annex III.3.1 of CCRFTA, in

accordance with Appendix III.1.6.1 to

Annex III.1 of CCRFTA

Column 1 Column 2 Column 3

Country or

Territory Provisions Provisions Providing for Rates of Duty

EU country or

other CETA

beneficiary

Annex 5-A to Annex 5 of the

Protocol on Rules of Origin and

Origin Procedures of CETA

Annex 2-A of CETA, in accordance with

Annex 5-A to Annex 5 of the Protocol on

Rules of Origin and Origin Procedures of

CETA

Honduras Section 5 of Annex 3.1 of

CHFTA

Schedules to Annex 3.4.1 of CHFTA, in

accordance with section 5 of Annex 3.1 of

CHFTA

NAFTA country Appendix 6 to Annex 300-B of

NAFTA

Schedules to Annex 302.2 of NAFTA, in

accordance with Appendix 6 to Annex

300-B of NAFTA

SCHEDULE 2

(Section 77)

SCHEDULE

(Section 2, subsection 11.11(1), paragraphs 11.12(3)(b.1) and (3.1)(c) and 11.15(1) (a), (2)(a) and (3)(a), subsections 11.17(3) and (4), paragraph 11.17(5)(a), subsections 11.17(6) and (7), section 11.24, paragraphs 12(1)(h.1) and 51.02(b) and subsections 51.03(2.2) and 68.1(1) to (3))

Categories of Agricultural Products or Food

Item Categories

1 Fresh, frozen and processed meats: products falling under Chapter 2 or heading

16.01 or 16.02

2 Dry-cured meats: dry-cured meats products falling under Chapter 2 or heading

16.01 or 16.02

3 Fresh, frozen and processed fish products: products falling under Chapter 3 or

heading 16.03, 16.04 or 16.05

4 Butter: products falling under heading 04.05

5 Cheeses: products falling under heading 04.06

Item Categories

6 Fresh and processed vegetable products: products falling under Chapter 7 and

products containing vegetables falling under Chapter 20

7 Fresh and processed fruits and nuts: products falling under Chapter 8 and

products containing fruits or nuts falling under Chapter 20

8 Spices: products falling under Chapter 9

9 Cereals: products falling under Chapter 10

10 Products of the milling industry: products falling under Chapter 11

11 Oilseeds: products falling under Chapter 12

12 Hops: products falling under heading 12.10

13 Ginseng: ginseng products falling under heading 12.11 or 13.02

14 Beverages from plant extracts: products falling under Heading 13.02

15 Oils and animal fats: products falling under Chapter 15

16 Confectionery and baked products: products falling under heading 17.04, 18.06,

19.04 or 19.05

17 Sugars and syrups: products falling under heading 17.02

18 Pasta: products falling under heading 19.02

19 Table and processed olives: products falling under heading 20.01 or 20.05

20 Mustard paste: products falling under sub-heading 2103.30

21 Beer: products falling under heading 22.03

22 Vinegar: products falling under heading 22.09

23 Essential oils: products falling under heading 33.01

24 Natural gums and resins – chewing gum: products falling under heading 17.04

All references in this schedule to chapters and headings are references to the chapters and headings of

the Harmonized Commodity Description and Coding System as it read on October 30, 2016.

SCHEDULE 3

(Section 81)

SCHEDULE

(Subsection 14.11(6) and section 14.3)

Column 1 Column 2

Trade Agreement Provision

NAFTA Agreement within the meaning of subsection 24(4) of this Act Article 201

Agreement within the meaning of subsection 2(1) of the Canada-Chile Free Trade

Agreement Implementation Act

Article

B-01

Agreement within the meaning of section 2 of the Canada–Peru Free Trade

Agreement Implementation Act

Article 105

Agreement within the meaning of section 2 of the Canada–Colombia Free Trade

Agreement Implementation Act

Article 106

Agreement within the meaning of section 2 of the Canada–Panama Economic

Growth and Prosperity Act

Article

1.01

Agreement within the meaning of section 2 of the Canada–Honduras Economic

Growth and Prosperity Act

Article 2.1

Agreement within the meaning of section 2 of the Canada–Korea Economic Growth

and Prosperity Act

Article 1.8

SCHEDULE 4

(Paragraphs 108(1)(c) and (d))

0105.11.22 0405.90.20 1702.90.61

0105.94.92 0406.10.20 1702.90.70

0105.99.12 0406.20.12 1702.90.81

0207.11.92 0406.20.92 1806.20.22

0207.12.92 0406.30.20 1806.90.12

0207.13.92 0406.40.20 1901.20.12

0207.13.93 0406.90.12 1901.20.22

0207.14.22 0406.90.22 1901.90.32

0207.14.92 0406.90.32 1901.90.34

0207.14.93 0406.90.42 1901.90.52

0207.24.12 0406.90.52 1901.90.54

0207.24.92 0406.90.62 2105.00.92

0207.25.12 0406.90.72 2106.90.32

0207.25.92 0406.90.82 2106.90.34

0207.26.20 0406.90.92 2106.90.52

0207.26.30 0406.90.94 2106.90.94

0207.27.12 0406.90.96 2202.99.33

0207.27.92 0406.90.99 2309.90.32

0207.27.93 0407.11.12 3502.11.20

0209.90.20 0407.11.92 3502.19.20

0209.90.40 0407.21.20 9801.20.00

0210.99.12 0407.90.12 9826.10.00

0210.99.13 0408.11.20 9826.20.00

0210.99.15 0408.19.20 9826.30.00

0210.99.16 0408.91.20 9826.40.00

0401.10.20 0408.99.20 9897.00.00

0401.20.20 1517.10.20 9898.00.00

0401.40.20 1517.90.22 9899.00.00

0401.50.20 1601.00.22 9904.00.00

0402.10.20 1601.00.32 9938.00.00

0402.21.12 1602.20.22 9987.00.00

0402.21.22 1602.20.32 9990.00.00

0402.29.12 1602.31.13

0402.29.22 1602.31.14

0402.91.20 1602.31.94

0402.99.20 1602.31.95

0403.10.20 1602.32.13

0403.90.12 1602.32.14

0403.90.92 1602.32.94

0404.10.22 1602.32.95

0404.90.20 1701.91.10

0405.10.20 1701.99.10

0405.20.20 1702.90.21

SCHEDULE 5

(Paragraphs 108(1)(c) and (e))

Tariff Item Initial Rate Final Rate

0404.10.90 11% Free (W2)

0603.11.00 10.5% Free (W1)

0603.13.10 16% Free (W1)

0603.13.90 12.5% Free (W1)

0603.14.00 8% Free (W1)

1003.10.12 94.5% Free (W2)

1003.90.12 94.5% Free (W2)

1107.10.12 $157.00/tonne Free (W2)

1107.10.92 $160.10/tonne Free (W2)

1107.20.12 $141.50/tonne Free (W2)

1108.13.00 10.5% Free (W2)

1701.91.90 $30.86/tonne Free (W4)

1701.99.90 $30.86/tonne Free (W4)

8702.10.10 6.1% Free (W2)

8702.10.20 6.1% Free (W2)

8702.20.10 6.1% Free (W2)

8702.20.20 6.1% Free (W2)

8702.30.10 6.1% Free (W2)

8702.30.20 6.1% Free (W2)

8702.40.10 6.1% Free (W2)

Tariff Item Initial Rate Final Rate

8702.40.20 6.1% Free (W2)

8702.90.10 6.1% Free (W2)

8702.90.20 6.1% Free (W2)

8703.21.90 6.1% Free (W2)

8703.22.00 6.1% Free (W3)

8703.23.00 6.1% Free (W3)

8703.24.00 6.1% Free (W3)

8703.31.00 6.1% Free (W3)

8703.32.00 6.1% Free (W3)

8703.33.00 6.1% Free (W3)

8703.40.10 6.1% Free (W2)

8703.40.90 6.1% Free (W3)

8703.50.00 6.1% Free (W3)

8703.60.10 6.1% Free (W2)

8703.60.90 6.1% Free (W3)

8703.70.00 6.1% Free (W3)

8703.80.00 6.1% Free (W2)

8703.90.00 6.1% Free (W2)

8704.21.90 6.1% Free (W1)

8704.22.00 6.1% Free (W1)

8704.23.00 6.1% Free (W1)

8704.31.00 6.1% Free (W1)

8704.32.00 6.1% Free (W1)

Tariff Item Initial Rate Final Rate

8901.10.10 25% Free (W3)

8901.10.90 25% Free (W3)

8901.30.00 25% Free (W1)

8901.90.10 15% Free (W1)

8901.90.91 25% Free (W1)

8901.90.99 25% Free (W1)

8904.00.00 25% Free (W3)

8905.20.19 20% Free (W1)

8905.20.20 25% Free (W1)

8905.90.19 20% Free (W1)

8905.90.90 25% Free (W1)

8906.90.19 15% Free (W1)

8906.90.91 25% Free (W1)

8906.90.99 25% Free (W1)

SCHEDULE 6

(Subsection 115(1))

Indications

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

1 České pivo Beer Czech Republic

2 Žatecký Chmel Hops Czech Republic

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

3 Hopfen aus der

Hallertau

Hops Germany

4 Nürnberger

Bratwürste

Fresh, frozen and

processed meats

Germany

5 Nürnberger

Rostbratwürste

Fresh, frozen and

processed meats

Germany

6 Schwarzwälder

Schinken

Fresh, frozen and

processed meats

Germany

7 Aachener Printen Confectionery and

baked products

Germany

8 Nürnberger

Lebkuchen

Confectionery and

baked products

Germany

9 Lübecker Marzipan Confectionery and

baked products

Germany

10 Bremer Klaben Confectionery and

baked products

Germany

11 Hessischer

Handkäse

Cheeses Germany

12 Hessischer

Handkäs

Cheeses Germany

13 Tettnanger Hopfen Hops Germany

14 Spreewälder

Gurken

Fresh and processed

vegetable products

Germany

15 Danablu Cheeses Denmark

16 Ελιά Καλαμάτας Elia Kalamatas Table and processed

olives

Greece

17 Μαστίχα Χίου Masticha Chiou Natural gums and

resins - chewing gum

Greece

18 Φέτα Feta Cheeses Greece

19 Feta Cheeses Greece

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

20 Ελαιόλαδο

Καλαμάτας

Elaiolado Kalamata Oils and animal fats Greece

21 Ελαιόλαδο

Κολυμβάρι Χανίων

Κρήτης

Elaiolado

Kolymvari Chanion

Kritis

Oils and animal fats Greece

22 Ελαιόλαδο Σητείας

Λασιθίου Κρήτης

Elaiolado Sitia

Lasithiou Kritis

Oils and animal fats Greece

23 Ελαιόλαδο

Λακωνία

Elaiolado Lakonia Oils and animal fats Greece

24 Κρόκος Κοζάνης Krokos Kozanis Spices Greece

25 Κεφαλογραβιέρα Kefalograviera Cheeses Greece

26 Γραβιέρα Κρήτης Graviera Kritis Cheeses Greece

27 Γραβιέρα Νάξου Graviera Naxou Cheeses Greece

28 Μανούρι Manouri Cheeses Greece

29 Κασέρι Kasseri Cheeses Greece

30 Φασόλια Γίγαντες

Ελέφαντες

Καστοριάς

Fassolia Gigantes

Elefantes Kastorias

Fresh and processed

vegetable products

Greece

31 Φασόλια Γίγαντες

Ελέφαντες

Πρεσπών

Φλώρινας

Fassolia Gigantes

Elefantes Prespon

Florinas

Fresh and processed

vegetable products

Greece

32 Κονσερβολιά

Αμφίσσης

Konservolia

Amfissis

Table and processed

olives

Greece

33 Λουκούμι

Γεροσκήπου

Loukoumi

Geroskipou

Confectionery and

baked products

Cyprus

34 Baena Oils and animal fats Spain

35 Sierra Mágina Oils and animal fats Spain

36 Aceite del Baix

Ebre-Montsía

Oils and animal fats Spain

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

37 Oli del Baix Ebre-

Montsía

Oils and animal fats Spain

38 Aceite del Bajo

Aragón

Oils and animal fats Spain

39 Antequera Oils and animal fats Spain

40 Priego de Córdoba Oils and animal fats Spain

41 Sierra de Cádiz Oils and animal fats Spain

42 Sierra de Segura Oils and animal fats Spain

43 Sierra de Cazorla Oils and animal fats Spain

44 Siurana Oils and animal fats Spain

45 Aceite de Terra

Alta

Oils and animal fats Spain

46 Oli de Terra Alta Oils and animal fats Spain

47 Les Garrigues Oils and animal fats Spain

48 Estepa Oils and animal fats Spain

49 Guijuelo Fresh, frozen and

processed meats

Spain

50 Jamón de Huelva Fresh, frozen and

processed meats

Spain

51 Jamón de Teruel Fresh, frozen and

processed meats

Spain

52 Salchichón de Vic Fresh, frozen and

processed meats

Spain

53 Llonganissa de Vic Fresh, frozen and

processed meats

Spain

54 Mahón-Menorca Cheeses Spain

55 Queso Manchego Cheeses Spain

56 Cítricos

Valencianos

Fresh and processed

fruits and nuts

Spain

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

57 Cîtrics Valancians Fresh and processed

fruits and nuts

Spain

58 Jijona Confectionery and

baked products

Spain

59 Turrón de Alicante Confectionery and

baked products

Spain

60 Azafrán de la

Mancha

Spices Spain

61 Comté Cheeses France

62 Reblochon Cheeses France

63 Reblochon de

Savoie

Cheeses France

64 Roquefort Cheeses France

65 Camembert de

Normandie

Cheeses France

66 Brie de Meaux Cheeses France

67 Emmental de

Savoie

Cheeses France

68 Pruneaux d’Agen Fresh and processed

fruits and nuts

France

69 Pruneaux d’Agen

mi-cuits

Fresh and processed

fruits and nuts

France

70 Huîtres de

Marennes-Oléron

Fresh, frozen and

processed fish

products

France

71 Canards à foie gras

du Sud-Ouest:

Chalosse

Fresh, frozen and

processed meats

France

72 Canards à foie gras

du Sud-Ouest:

Gascogne

Fresh, frozen and

processed meats

France

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

73 Canards à foie gras

du Sud-Ouest:

Gers

Fresh, frozen and

processed meats

France

74 Canards à foie gras

du Sud-Ouest:

Landes

Fresh, frozen and

processed meats

France

75 Canards à foie gras

du Sud-Ouest:

Périgord

Fresh, frozen and

processed meats

France

76 Canards à foie gras

du Sud-Ouest:

Quercy

Fresh, frozen and

processed meats

France

77 Jambon de

Bayonne

Dry-cured meats France

78 Huile d’olive de

Haute-Provence

Oils and animal fats France

79 Huile essentielle de

lavande de Haute-

Provence

Essential oils France

80 Morbier Cheeses France

81 Epoisses Cheeses France

82 Beaufort Cheeses France

83 Maroilles Cheeses France

84 Marolles Cheeses France

85 Munster Cheeses France

86 Munster Géromé Cheeses France

87 Fourme d’Ambert Cheeses France

88 Abondance Cheeses France

89 Bleu d’Auvergne Cheeses France

90 Livarot Cheeses France

91 Cantal Cheeses France

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

92 Fourme de Cantal Cheeses France

93 Cantalet Cheeses France

94 Petit Cantal Cheeses France

95 Tomme de Savoie Cheeses France

96 Pont-L’Evêque Cheeses France

97 Neufchâtel Cheeses France

98 Chabichou du

Poitou

Cheeses France

99 Crottin de

Chavignol

Cheeses France

100 Saint-Nectaire Cheeses France

101 Piment d’Espelette Spices France

102 Lentille verte du

Puy

Fresh and processed

vegetable products

France

103 Aceto balsamico

Tradizionale di

Modena

Vinegar Italy

104 Aceto balsamico di

Modena

Vinegar Italy

105 Cotechino Modena Fresh, frozen and

processed meats

Italy

106 Zampone Modena Fresh, frozen and

processed meats

Italy

107 Bresaola della

Valtellina

Fresh, frozen and

processed meats

Italy

108 Mortadella Bologna Fresh, frozen and

processed meats

Italy

109 Prosciutto di Parma Dry-cured meats Italy

110 Prosciutto di S.

Daniele

Dry-cured meats Italy

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

111 Prosciutto Toscano Dry-cured meats Italy

112 Prosciutto di

Modena

Dry-cured meats Italy

113 Provolone

Valpadana

Cheeses Italy

114 Taleggio Cheeses Italy

115 Asiago Cheeses Italy

116 Fontina Cheeses Italy

117 Gorgonzola Cheeses Italy

118 Grana Padano Cheeses Italy

119 Mozzarella di

Bufala Campana

Cheeses Italy

120 Parmigiano

Reggiano

Cheeses Italy

121 Pecorino Romano Cheeses Italy

122 Pecorino Sardo Cheeses Italy

123 Pecorino Toscano Cheeses Italy

124 Arancia Rossa di

Sicilia

Fresh and processed

fruits and nuts

Italy

125 Cappero di

Pantelleria

Fresh and processed

fruits and nuts

Italy

126 Kiwi Latina Fresh and processed

fruits and nuts

Italy

127 Lenticchia di

Castelluccio di

Norcia

Fresh and processed

vegetable products

Italy

128 Mela Alto Adige Fresh and processed

fruits and nuts

Italy

129 Südtiroler Apfel Fresh and processed

fruits and nuts

Italy

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

130 Pesca e nettarina

di Romagna

Fresh and processed

fruits and nuts

Italy

131 Pomodoro di

Pachino

Fresh and processed

vegetable products

Italy

132 Radicchio Rosso di

Treviso

Fresh and processed

vegetable products

Italy

133 Ricciarelli di Siena Confectionery and

baked products

Italy

134 Riso Nano Vialone

Veronese

Cereals Italy

135 Speck Alto Adige Fresh, frozen and

processed meats

Italy

136 Südtiroler

Markenspeck

Fresh, frozen and

processed meats

Italy

137 Südtiroler Speck Fresh, frozen and

processed meats

Italy

138 Veneto Valpolicella Oils and animal fats Italy

139 Veneto Euganei e

Berici

Oils and animal fats Italy

140 Veneto del Grappa Oils and animal fats Italy

141 Culatello di Zibello Fresh, frozen and

processed meats

Italy

142 Garda Fresh, frozen and

processed meats

Italy

143 Lardo di Colonnata Fresh, frozen and

processed meats

Italy

144 Szegedi téliszalámi Fresh, frozen and

processed meats

Hungary

145 Szegedi szalámi Fresh, frozen and

processed meats

Hungary

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

146 Tiroler Speck Fresh, frozen and

processed meats

Austria

147 Steirischer Kren Fresh and processed

vegetable products

Austria

148 Steirisches

Kürbiskernöl

Oilseeds Austria

149 Queijo S. Jorge Cheeses Portugal

150 Azeite de Moura Oils and animal fats Portugal

151 Azeites de Trás-os-

Montes

Oils and animal fats Portugal

152 Azeite do Alentejo

Interior

Oils and animal fats Portugal

153 Azeites da Beira

Interior

Oils and animal fats Portugal

154 Azeites do Norte

Alentejano

Oils and animal fats Portugal

155 Azeites do Ribatejo Oils and animal fats Portugal

156 Pêra Rocha do

Oeste

Fresh and processed

fruits and nuts

Portugal

157 Ameixa d’Elvas Fresh and processed

fruits and nuts

Portugal

158 Ananás dos

Açores / S. Miguel

Fresh and processed

fruits and nuts

Portugal

159 Chouriça de carne

de Vinhais

Fresh, frozen and

processed meats

Portugal

160 Linguiça de Vinhais Fresh, frozen and

processed meats

Portugal

161 Chouriço de

Portalegre

Fresh, frozen and

processed meats

Portugal

162 Presunto de

Barrancos

Fresh, frozen and

processed meats

Portugal

Column 1 Column 2 Column 3 Column 4

Item Indication

Transliteration (for

information

purposes only)

Category of

Agricultural Product

or Food

Originating

Territory

(Territory, Region

or Locality) (for

information

purposes only)

163 Queijo Serra da

Estrela

Cheeses Portugal

164 Queijos da Beira

Baixa

Cheeses Portugal

165 Queijo de Castelo

Branco

Cheeses Portugal

166 Queijo Amarelo da

Beira Baixa

Cheeses Portugal

167 Queijo Picante da

Beira Baixa

Cheeses Portugal

168 Salpicão de

Vinhais

Fresh, frozen and

processed meats

Portugal

169 Gouda Holland Cheeses Netherlands

170 Edam Holland Cheeses Netherlands

171 Kalix Löjrom Fresh, frozen and

processed fish

products

Sweden

172 Magiun de prune

Topoloveni

Fresh and processed

fruits and nuts

Romania

Date modified:

2019-05-14

كندا

CA215

Canada–European Union Comprehensive Economic and Trade Agreement Implementation Act (S.C. 2017, c. 6) (as amended up to December 13, 2018)