Budget Implementation Act, 2023, No. 1 (S.C. 2023, c. 26)
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Assented to 2023-06-22
PART 4Various Measures (continued)
DIVISION 24R.S., c. 1 (2nd Supp.)Customs Act (continued)
2005, c. 20Related Amendment to the Quarantine Act
479 Section 12 of the Quarantine Act is replaced by the following:
Marginal note:Obligation on arriving travellers
12 Except in the prescribed circumstances and subject to the prescribed conditions, every person who is subject to subsection 11(1) of the Customs Act and enters Canada shall, immediately after entering, present themselves to a screening officer at the nearest entry point.
Coming into Force
Marginal note:Order in council
480 Sections 475 to 479 come into force on a day or days to be fixed by order of the Governor in Council.
DIVISION 25R.S., c. N-15National Research Council Act
Amendments to the Act
481 Subsection 3(2) of the Act is replaced by the following:
Marginal note:Council incorporated
(2) The Council is a corporation that has power, for the purposes of this Act, to
(a) acquire, hold, sell or otherwise dispose of and loan or lease real, personal, movable and immovable property; and
(b) enter into contracts, agreements, memoranda of understanding or other arrangements with a department, board or agency of the Government of Canada, with any other government or any of its departments, boards or agencies or with any person or organization in the name of His Majesty in right of Canada or in its own name.
Marginal note:Non-application of requirements
(2.1) Despite the Financial Administration Act, including subsection 41(1) of that Act, the Council is not subject to any requirement established by the Treasury Board under that Act that
(a) limits, on the basis of financial criteria, the power of the Council to enter into contracts for the procurement of goods and services; or
(b) relates to limits on liability or indemnification in those contracts.
Marginal note:Procurement of goods and services
(2.2) Despite section 9 of the Department of Public Works and Government Services Act, the Council may procure goods and services from outside the federal public administration.
Marginal note:Clarification
(2.3) For greater certainty, the power to procure goods and services includes the power to procure goods and services relating to construction and to research-related digital and information technology.
Marginal note:Legal services
(2.4) The Council may procure legal services from outside the federal public administration only with the approval of the Attorney General of Canada.
482 Section 4 of the Act is renumbered as subsection 4(1) and is amended by adding the following:
Marginal note:Research-related digital and information technology
(2) The design, development, testing and operation of research-related digital and information technology is essential to the carrying out of the Council’s duties.
483 The Act is amended by adding the following after section 17:
Establishment of Procurement Oversight Board
Marginal note:Establishment
18 (1) There is established a board, to be called the Procurement Oversight Board, consisting of
(a) not less than three or more than five members, including a Chair, who have a right to vote;
(b) one member who is a person employed by the Department of Public Works and Government Services and who does not have a right to vote; and
(c) one member who is a person employed in the federal public administration and who does not have a right to vote, if the Minister considers that member necessary to assist the Procurement Oversight Board in carrying out its duties.
Marginal note:Duties
(2) The Procurement Oversight Board shall review and approve the Council’s policy framework for procuring goods and services and any amendments to it.
Marginal note:Terms of reference
(3) The Minister may determine and amend the terms of reference of the Procurement Oversight Board.
Marginal note:Appointment
19 (1) Members of the Procurement Oversight Board, including the Chair, shall be appointed by the Minister.
Marginal note:Tenure of office
(2) Members of the Procurement Oversight Board shall be appointed to hold office on a part-time basis and during pleasure for a term of not more than four years, which may be renewed for a second term.
Marginal note:Remuneration
20 (1) Members of the Procurement Oversight Board shall be paid the remuneration that is fixed by the Minister.
Marginal note:Travel and other expenses
(2) Members of the Procurement Oversight Board are entitled to be paid reasonable travel and other expenses incurred while absent from their ordinary place of residence in the course of performing their duties under this Act.
Marginal note:Meetings
21 The Procurement Oversight Board shall meet at least twice a year.
484 Subsection 18(2) of the Act is replaced by the following:
Marginal note:Duties
(2) The Procurement Oversight Board shall review and approve
(a) the Council’s policy framework for procuring goods and services and any amendments to it; and
(b) the Council’s proposals to enter into contracts for the procurement of goods and services if the procurement is complex or large-scale when measured by criteria established by the Procurement Oversight Board.
485 The Act is amended by adding the following after section 21:
Annual Summary
Marginal note:Activities
22 The Procurement Oversight Board shall, within 90 days after the end of each fiscal year, provide a summary of its activities in that year to the Minister.
Coming into Force
Marginal note:First anniversary of royal assent
486 Sections 481, 482, 484 and 485 come into force on the first anniversary of the day on which this Act receives royal assent, or on an earlier day fixed by order of the Governor in Council.
DIVISION 26R.S., c. P-4Patent Act
Amendments to the Act
487 (1) Paragraph 12(1)(g) of the Patent Act is replaced by the following:
(g) respecting the payment of any prescribed fees, including the time when and the manner in which such fees shall be paid, the time at which such fees are deemed to 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;
(2) Paragraph 12(1)(j.73) of the Act is replaced by the following:
(j.73) respecting the conditions set out in subsections 46(5) and 46.2(5), including the circumstances in which subparagraph 46(5)(a)(ii), paragraph 46(5)(b), subparagraph 46.2(5)(a)(ii) and paragraph 46.2(5)(b) do not apply;
(j.731) respecting the number of days to be subtracted in determining the duration of an additional term under subsection 46.1(4), including authorizing the Commissioner to make determinations with respect to that number;
(j.732) respecting applications under section 46.1 for an additional term, including their form, contents and processing;
(j.733) respecting notices to the public in relation to additional terms granted under section 46.1;
(j.734) respecting reconsiderations under section 46.3, including applications for a reconsideration and their form, contents and processing;
488 (1) Subsection 20(9) of the Act is replaced by the following:
Marginal note:Custody of secret application
(9) The packet described in subsection (8) shall, until the expiry of the term — or, if applicable, of the additional term — during which a patent for the invention may be in force, be kept sealed by the Commissioner, and shall not be opened except under the authority of an order of the Minister of National Defence.
(2) Subsection 20(11) of the Act is replaced by the following:
Marginal note:Delivery to Minister
(11) On the expiry of the term — or, if applicable, of the additional term — of the patent, the packet described in subsection (8) shall be delivered to the Minister of National Defence.
489 Section 42 of the Act is replaced by the following:
Marginal note:Contents of patent
42 Every patent granted under this Act shall contain the title or name of the invention, with a reference to the specification, and shall, subject to this Act, grant to the patentee and the patentee’s legal representatives for the term of the patent referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1, from the granting of the patent, the exclusive right, privilege and liberty of making, constructing and using the invention and selling it to others to be used, subject to adjudication in respect thereof before any court of competent jurisdiction.
490 Subsection 43(2) of the Act is replaced by the following:
Marginal note:Validity of patent
(2) After the patent is issued, it shall, in the absence of any evidence to the contrary, be valid and avail the patentee and the legal representatives of the patentee for the term referred to in section 44 or 45 and, if applicable, for the additional term granted under section 46.1.
491 Sections 44 and 45 of the Act are replaced by the following:
Marginal note:Term of patents based on applications filed on or after October 1, 1989
44 Subject to section 46, where an application for a patent is filed under this Act on or after October 1, 1989, the term of the patent is 20 years from the filing date.
Marginal note:Term of patents based on applications filed before October 1, 1989
45 Subject to section 46, where an application for a patent is filed under this Act before October 1, 1989, the term of the patent is 17 years from the date on which the patent is issued.
492 (1) Subsection 46(1) of the Act is replaced by the following:
Marginal note:Maintenance fees
46 (1) To maintain the rights accorded by a patent issued under this Act in effect during the term referred to in section 44 or 45, the prescribed fees shall be paid on or before the prescribed dates.
(2) Paragraph 46(2)(b) of the Act is replaced by the following:
(b) the Commissioner shall send a notice to the patentee stating that the term will be deemed to have expired if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice.
(3) Subsection 46(4) of the Act is replaced by the following:
Marginal note:Term deemed expired on prescribed date
(4) If the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the term shall be deemed to have expired on the applicable prescribed date.
(4) The portion of subsection 46(5) of the Act before paragraph (a) is replaced by the following:
Marginal note:Subsection (4) deemed never to have produced its effects
(5) Subject to the regulations, if the term is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if
(5) Subparagraph 46(5)(a)(i) of the Act is replaced by the following:
(i) makes a request to the Commissioner for the term to never have been deemed to have expired,
(6) The portion of subsection 46(6) of the Act before paragraph (a) is replaced by the following:
Marginal note:Powers of the Federal Court
(6) If subsection (5) applies, the Federal Court may, by order, declare the term to have expired on the applicable prescribed date if the Federal Court determines either
493 The Act is amended by adding the following after section 46:
Additional Term
Marginal note:Grant of additional term
46.1 (1) The Commissioner shall grant an additional term for a patent if
(a) the patent was issued after the later of
(i) the fifth anniversary of the applicable day set out in subsection (2), and
(ii) the third anniversary of the first day, without taking subsection 35(4) into account, on which a request for examination has been made under section 35 in respect of the application for the patent, the prescribed fee referred to in subsection 35(1) has been paid and, if applicable, the prescribed late fee referred to in paragraph 35(3)(a) has been paid;
(b) the filing date for the application for the patent is on or after December 1, 2020; and
(c) the patentee applies for the additional term in accordance with the regulations, and pays the prescribed fee, within three months after the day on which the patent is issued.
Marginal note:Applicable day
(2) For the purposes of subparagraph (1)(a)(i), the applicable day is
(a) in the case of a patent issued on the basis of a divisional application, the prescribed day;
(b) in the case of a patent issued on the basis of a PCT national phase application, as defined in subsection 1(1) of the Patent Rules, the prescribed day; or
(c) in any other case, the filing date of the application for the patent.
Marginal note:Beginning of additional term
(3) The additional term begins on the expiry of the term referred to in section 44, without taking into account section 46, but only if the patent remains valid until, and is not void before, the expiry of that term.
Marginal note:Duration of additional term
(4) The Commissioner shall determine the duration of the additional term, which shall be equal to the number of days between the later of the anniversaries set out in paragraph (1)(a) and the day on which the patent is issued minus the number of days that is determined under the regulations.
Marginal note:Limitation
(5) Despite subsection (1), no additional term shall be granted under this section if the determination of the duration under subsection (4) produces a result of zero or a negative value.
Marginal note:Limitation — section 46.2
(6) The additional term is subject to section 46.2.
Marginal note:Certificate
(7) The Commissioner shall issue a certificate of additional term setting out the number of the patent as recorded in the Patent Office, the duration of the additional term and any other prescribed information and shall send the certificate to the patentee.
Marginal note:Reissued patent
(8) For the purposes of this section and sections 46.3 and 46.4, if a patent is reissued under section 47, the patent is deemed to have been issued on the day on which the original patent was issued and the application for the patent is deemed to be the application for the original patent.
Marginal note:Maintenance fees
46.2 (1) To maintain the rights accorded by a patent during an additional term granted under section 46.1 in effect, the prescribed fees shall be paid on or before the prescribed dates.
Marginal note:Late fee and notice
(2) If a prescribed fee is not paid on or before the applicable prescribed date,
(a) the prescribed late fee shall be paid, in addition to the prescribed fee; and
(b) the Commissioner shall send a notice to the patentee stating that the additional term will be deemed to have expired if the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice.
Marginal note:Prescribed fee deemed paid on prescribed date
(3) If the prescribed fee and late fee are paid before a notice is sent or, if a notice is sent, the prescribed fee and late fee are paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the prescribed fee shall be deemed to have been paid on the applicable prescribed date.
Marginal note:Additional term deemed expired on prescribed date
(4) If the prescribed fee and late fee are not paid before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, the additional term shall be deemed to have expired on the applicable prescribed date.
Marginal note:Subsection (4) deemed never to have produced its effects
(5) Subject to the regulations, if the additional term is deemed to have expired under subsection (4), that subsection is deemed never to have produced its effects if
(a) the patentee, within the prescribed time,
(i) makes a request to the Commissioner for the additional term to never have been deemed to have expired,
(ii) states, in the request, the reasons for the failure to pay the prescribed fee and late fee before the later of the end of six months after the applicable prescribed date and the end of two months after the date of the notice, and
(iii) pays the prescribed fee, the late fee and any additional prescribed fee; and
(b) the Commissioner determines that the failure occurred in spite of the due care required by the circumstances having been taken and informs the patentee of this determination.
Marginal note:Powers of the Federal Court
(6) If subsection (5) applies, the Federal Court may, by order, declare the additional term to have expired on the applicable prescribed date if the Federal Court determines either
(a) that the statement of the reasons referred to in subparagraph (5)(a)(ii) contains a material allegation that is untrue; or
(b) that, if paragraph (5)(b) applies, the failure referred to in subparagraph (5)(a)(ii) did not occur in spite of the due care required by the circumstances having been taken.
Marginal note:Reconsideration of duration
46.3 (1) The Commissioner may reconsider the duration of an additional term granted under section 46.1 on the Commissioner’s own initiative or on application by any person.
Marginal note:Application
(2) An application for reconsideration shall be made in accordance with the regulations and accompanied by payment of the prescribed fee.
Marginal note:Notice to patentee
(3) Notice of a reconsideration shall be given to the patentee in accordance with the regulations.
Marginal note:Shortening of duration
(4) On reconsideration, the Commissioner shall shorten the duration of the additional term in accordance with subsection 46.1(4) if the Commissioner is satisfied that the duration is longer than is authorized under that subsection, and shall dismiss the reconsideration in any other case.
Marginal note:Amended certificate
(5) If the Commissioner shortens the duration of the additional term, the Commissioner shall issue an amended certificate of additional term and send it to the patentee.
Marginal note:Stay
(6) The Commissioner may stay a reconsideration under this section pending the conclusion of any court proceeding.
Marginal note:Federal Court
46.4 (1) A person may bring an action in the Federal Court against a patentee for an order to shorten the duration of an additional term granted under section 46.1.
Marginal note:Power to shorten duration
(2) If the Court finds that the duration is longer than is authorized under subsection 46.1(4), the Court shall, by order, shorten the duration in accordance with that subsection, and in doing so may exercise any power, or perform any duty or function, of the Commissioner.
Marginal note:Copy to Commissioner and amended certificate
(3) If the Court shortens the duration, an officer of the Court’s registry shall send a certified copy of the Court’s order to the Commissioner, and the Commissioner shall issue an amended certificate of additional term and send it to the patentee.
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