SOR-2023-73 By-laws of the College of Patent Agents and Trademark Agents

contravening the Act, the Regulations, these By-laws or the Code;

exhibiting behaviour while practising as a patent agent or trademark agent that tends to bring discredit to the profession or undermines public confidence in it;

being convicted of or pleading guilty to an offence described in paragraph 73(d); and

being found by a professional regulatory body to have committed professional misconduct or to be incompetent, incapacitated or unfit to practise within the meaning of the statute under which the body made its finding.

the CEO’s presentation of the College’s annual report and audited financial statements;

the Chairperson’s address to the meeting;

questions from the licensees to the Board; and

any additional matter that the Board adds to the agenda.

on an annual basis, appoint an independent auditor to audit the accounts of the College and approve the audited financial statements;

monitor the College’s financial performance;

designate any bank listed in Schedule I to the Bank Act as a bank for the College;

ensure multi-year financial planning by approving the College’s budgets in advance of each fiscal year;

establish and publish an investment policy and appoint an investment dealer, on the recommendation of the CEO;

approve terms of reference and a skills matrix for committees of the College;

in accordance with the Board’s policies, consult with any working groups that the Board establishes to assist with its duties and functions; and

ensure that the College’s and CEO’s actions are compliant with all legal requirements.

provide direction to the work of the CEO by establishing performance expectations, providing regular performance reviews and undertaking succession planning;

develop standards, principles and regulatory objectives;

establish working groups to assist the CEO in carrying out the CEO’s work;

monitor the performance of the CEO and of the working groups; and

oversee the CEO’s effectiveness with respect to engagement with members and with the public.

the day after the third anniversary of the day on which the term began, and

the conclusion of the fourth annual general meeting following their election.

any dispute concerning the ineligibility of a nominee; and

any other dispute that arises during the election period or regarding the election results.

in the five years immediately before the day of the election, they have been found to have committed professional misconduct or to be incompetent by the Discipline Committee;

in the five years immediately before the day of the election, they have been found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding;

they are the subject of an action taken by the Investigations Committee under subsection 37.1(1) of the Act;

they are the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act;

they have already served as a director for a period of six years and, on the date of the election, less than two years have elapsed since the end of that period;

they are employed by a department, as defined in section 2 of the Financial Administration Act;

they have not provided the CEO with a declaration regarding conflicts of interest; or

they have not attended an orientation for prospective candidates for election.

declare the election result to be valid; or

declare the election result to be invalid and

a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and

notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.

a motion is made to remove the director and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and

notice of the intention to make the motion is provided to the Board and to the director at least two weeks in advance of the vote on the motion.

the agenda and any meeting materials that are not confidential; and

any information that enables the public to participate in the meeting, including how to access the meeting if it is to be held by electronic means.

to consider the CEO’s appointment, reappointment, dismissal, performance or terms of office; or

to provide an opportunity for the directors to discuss matters relevant only to directors.

advise the directors and the public of the reason for the meeting, the date and time when it will be held, and the electronic means for participating in the meeting; and

publish on the College’s website the agenda and any meeting materials that are not confidential.

carry out the College’s business;

act as the spokesperson for the Board; and

participate in the Board’s decision-making.

a motion is made to remove the Chairperson and at least two-thirds of the directors in attendance at a meeting vote in favour of the removal; and

notice of the intention to make the motion is provided to the Board and the Chairperson at least two weeks in advance of the vote on the motion.

perform the duties of the Chairperson when the Chairperson is absent or otherwise unavailable to act; and

carry out any other duties and responsibilities that are assigned by the Board.

provide leadership, support and strategic advice to the Board to assist the Board in meeting its obligations and objectives;

manage, coordinate and maintain the College’s operations, administration, finances and organization;

develop operational and management policies for the College;

counsel and assist the Board and committees in carrying out their assigned functions;

assist the Board in complying with all relevant legislation and policies;

administer the election process for the election of directors, including

engage, direct and supervise employees and contractors of the College and develop succession plans for College staff and contracted functions;

maintain accurate minutes of Board meetings and have them approved by the Board and maintained by the College;

act as the spokesperson for the College;

when the College submits its annual report to the Minister, make public the amounts paid to directors and committee members as remuneration and expense reimbursements; and

perform all other duties and functions that are assigned by the Board.

establish regulatory policies, either on their own initiative or at the request of the Board or a committee, and publish them on the College’s website; and

perform all other duties and functions that are assigned by the Board or under the Act, the Regulations or these By-laws.

the Registration Committee;

the Governance Committee; and

the Audit and Risk Committee.

set the standards for the qualifying examinations and the evaluation of licensees; and

review the Registrar’s licensing decisions when a request is made under section 66.

their name, address, telephone number and email address;

proof that they are resident in Canada;

their complete professional employment history;

proof that they successfully completed the applicable agent training program and the qualifying examinations;

proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;

any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;

a declaration that the applicant will, when licensed, practise with integrity, uphold the independence of the profession and comply with the Code; and

any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.

their name, address, telephone number and email address;

their complete professional employment history;

proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption; and

confirmation of the following:

their name, address, telephone number and email address;

proof that they are resident in Canada;

their complete professional employment history;

proof that, as of the effective date of the licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof that they are exempt from that requirement and the reason for the exemption;

a criminal record check;

records of any disciplinary sanction by an employer, academic institution, professional regulatory body, or any other body or association of which the applicant is or was a member;

records of any bankruptcy or insolvency;

a declaration that the applicant

a list of any degrees, diplomas and certificates that they have been awarded in or outside Canada and the names of the educational institutions that awarded them;

the name of every professional regulatory body under which the applicant is licensed to practise in or outside Canada;

evidence that the applicant is proficient in one or both of the official languages;

a specimen signature, a current photograph and any other information necessary to confirm their identity;

a copy of a training agreement executed by the applicant and their supervisor; and

any other information that the Registrar requires to determine whether the applicant meets the requirements for the licence.

the licensee must comply with the terms of the training agreement; and

the licensee must not, without the supervision of a class 1 licensee and without a training agreement in effect, represent any person in the presentation or prosecution of an application for a patent or for the registration of a trademark or in any other business before CIPO.

their name, address, telephone number and email address;

their complete professional employment history;

a declaration that they are not practising as a patent agent or trademark agent; and

confirmation of the following:

their name, address, telephone number and email address;

the class of licence for which they are applying;

their complete professional employment history;

in the case of a change to a class 1 licence or class 2 licence, proof that, as of the effective date of the new licence, they will be insured against professional liability, as required by subsection 34(1) of the Act, or proof of exemption from that requirement and the reason for the exemption; and

proof that they have complied with any continuing professional development requirements of the new class of licence.

any information necessary to assist the Registrar in determining whether the applicant is of good character and fit to practise;

a declaration that the applicant will practise with integrity, uphold the independence of their profession and comply with the Code;

proof that the applicant has completed any remedial training or examinations specified by the Registrar; and

any other information that the Registrar requires to determine whether the applicant meets the requirements of the new class of licence.

the dates of the examinations;

the registration process;

the examination fee set out in item 8 of Schedule 1;

the process for administering examinations;

the method of communication of the examination results; and

a statement that it is possible to request a re-marking of the examination.

that the licensee complete any remedial training and examinations specified by the Registrar; and

that the licensee work under the supervision of or in conjunction with a class 1 licensee approved by the Registrar, for a specified period.

a class 1 licensee;

subject to subsection (3), a class 2 licensee;

a representative of CIPO.

have completed the supervisor training program;

demonstrate in their application how they will provide training that focuses on ethical and competent practices;

are not the subject of an investigation under section 37 of the Act;

are not the subject of an application to the Discipline Committee by the Investigations Committee under subsection 49(1) of the Act; and

do not have a suspended licence.

the supervisor no longer meets any of the criteria set out in paragraphs 64(2)(b) to (e);

the supervisor does not comply with subsection 64(4) when required; or

the supervisor’s licence is suspended or revoked.

affirm or vary the Registrar’s decision or dismiss the request; or

hold a hearing on the merits of the request and, at the conclusion of the hearing, affirm or vary the Registrar’s decision or dismiss the request.

have the necessary skills and competencies to practise the profession; and

be of good character and remain fit to practise.

be issued by a company licensed in Canada;

cover claims made in and outside Canada;

indemnify the licensee for any civil liability that arises from their acting as either a patent agent or a trademark agent; and

have coverage limits of no less than $1 million per claim and $2 million aggregate per year.

a class 3 licensee who has neither a supervisor nor a training agreement in effect and who has given an undertaking under section 58;

a class 4 licensee;

any licensee who is employed by an employer that carries on business in Canada and who provides patent agent or trademark agent services solely to their employer and not to the public.

pay to the College the applicable fee set out in items 10 to 16 of Schedule 1;

except for a class 4 licensee, file the annual licensee report with the Registrar;

if they are a class 3 licensee, provide the Registrar with the name of their supervisor; and

if they are a class 4 licensee, provide the Registrar with their contact information and a declaration that they

confirmation of the mailing and civic addresses of each location of their business or practice, their email address and telephone number, and, if applicable, the name of their firm;

the areas of their practice and the approximate percentage by time or billings associated with each area;

the name of any professional regulatory body under which they are licensed;

confirmation of their professional liability insurance and the name of the insurer, or confirmation that they are exempt from the requirement to be so insured and the reason for the exemption;

the official language or languages in which they are able to practise as a patent agent or trademark agent;

their continuing professional development plan for the next year and a declaration that they have completed the previous year’s plan;

a declaration that they continue to be resident in Canada;

a declaration that they have complied with the requirements of section 73; and

any other information or documents that the Registrar determines are necessary to carry on the activities of the College.

they are served with an application for bankruptcy, make an assignment of property for the benefit of creditors or present a proposal in bankruptcy to creditors under the Bankruptcy and Insolvency Act;

they have a judgment entered against them by a court;

they are personally subject to an order for costs;

they are charged with, plead guilty to or are found guilty of any offence under the Criminal Code, the Controlled Drugs and Substances Act, the Income Tax Act, the Excise Tax Act, a provincial act respecting securities, employment standards or official languages or any other provincial act that creates an offence that implicates an individual’s integrity; or

they have their professional licence restricted or suspended by a professional regulatory body, or are found by a professional regulatory body to have committed professional misconduct or to be incompetent within the meaning of the statute under which the body made its finding.

corrected the failure that resulted in the suspension;

completed any continuing professional development requirements that the Registrar may specify;

completed any further training and examinations that the Registrar may specify to address the failure that resulted in the suspension; and

paid to the College the fee set out in item 17 of Schedule 1, together with any outstanding fees owed by the licensee.

their current and, if available, future contact information;

the reason for the surrender of the licence;

their complete professional employment history;

confirmation of the following:

the applicable fees set out in items 18 and 19 of Schedule 1, together with any outstanding fees owed by the licensee, payable to the College.

an investigation under section 37 of the Act; or

an application by the Investigations Committee under subsection 49(1) of the Act.

proof, furnished by the relevant competent authority in the foreign practitioner’s country of residence, that they are authorized to act as a patent agent or as a trademark agent in that country; and

the fee set out in item 22 of Schedule 1, payable to the College.

they become a resident of Canada;

their country of residence changes, in which case they must provide the name of their new country of residence;

the country where they are authorized as a patent agent or trademark agent changes, in which case they must provide proof of the new authorization, furnished by the relevant competent authority; or

they cease to be authorized to act as a patent agent or trademark agent in any country.

that the licensee provide it with any additional information the Committee considers necessary to make its decision under subsection 37.2(2) of the Act; and

that the Investigations Committee provide it with any of the information and documents that the Investigations Committee considered in making its decision under subsection 37.1(1) of the Act.

be made in writing;

request that the licensee provide any further representations in writing within 30 days after the day of the notice; and

inform the licensee that there is to be no oral hearing in connection with the complaint.