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Patent Act

Version of section 96 from 2002-12-31 to 2021-06-29:

Marginal note:General powers, etc.

  •  (1) The Board has, with respect to the attendance, swearing and examination of witnesses, the production and inspection of documents, the enforcement of its orders and other matters necessary or proper for the due exercise of its jurisdiction, all such powers, rights and privileges as are vested in a superior court.

  • Marginal note:Rules

    (2) The Board may, with the approval of the Governor in Council, make general rules

    • (a) specifying the number of members of the Board that constitutes a quorum in respect of any matter; and

    • (b) for regulating the practice and procedure of the Board.

  • Marginal note:By-laws

    (3) The Board may make by-laws for carrying out the work of the Board, the management of its internal affairs and the duties of its staff.

  • Marginal note: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 patentee.

  • Marginal note:Consultation

    (5) Before the Board issues any guidelines, it shall consult with the Minister, the provincial ministers of the Crown responsible for health and such representatives of consumer groups and representatives of the pharmaceutical industry as the Minister may designate for the purpose.

  • Marginal note:Non-application of Statutory Instruments Act

    (6) The Statutory Instruments Act does not apply to guidelines issued under subsection (4).

  • 1993, c. 2, s. 7

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