Regulations Amending Certain Department of Industry Regulations (Miscellaneous Program): SOR/2022-44
Canada Gazette, Part II, Volume 156, Number 6
Registration
SOR/2022-44 March 4, 2022
INDUSTRIAL DESIGN ACT
PATENT ACT
TRADEMARKS ACT
P.C. 2022-199 March 3, 2022
Her Excellency the Governor General in Council, on the recommendation of the Minister of Industry, makes the annexed Regulations Amending Certain Department of Industry Regulations (Miscellaneous Program) pursuant to
- (a) paragraph 25(h) footnote a of the Industrial Design Act footnote b;
- (b) paragraph 12(1)(k) footnote c of the Patent Act footnote d; and
- (c) paragraph 65(n) footnote e of the Trademarks Act footnote f.
Regulations Amending Certain Department of Industry Regulations (Miscellaneous Program)
Industrial Design Act
Industrial Design Regulations
1 Section 36 of the Industrial Design Regulations footnote 1 is amended by adding the following after paragraph (j):
- (j.1) September 30 or, if September 30 falls on a Saturday or a Sunday, the following Monday;
Patent Act
Patent Rules
2 (1) Paragraph 5(c) of the English version of the Patent Rules footnote 2 is replaced by the following:
- (c) January 1 or, if January 1 falls on a Saturday or a Sunday, the following Monday;
(2) Paragraphs 5(g) and (h) of the English version of the Rules are replaced by the following:
- (g) June 24 or, if June 24 falls on a Saturday or a Sunday, the following Monday;
- (h) July 1 or, if July 1 falls on a Saturday or a Sunday, the following Monday;
(3) Section 5 of the Rules is amended by adding the following after paragraph (j):
- (j.1) September 30 or, if September 30 falls on a Saturday or a Sunday, the following Monday;
(4) Paragraph 5(l) of the English version of the Rules is replaced by the following:
- (l) November 11 or, if November 11 falls on a Saturday or a Sunday, the following Monday;
Trademarks Act
Trademarks Regulations
3 Section 15 of the Trademarks Regulations footnote 3 is amended by adding the following after paragraph (j):
- (j.1) September 30 or, if September 30 falls on a Saturday or Sunday, the following Monday;
Coming into Force
4 These Regulations come into force on the day on which they are registered.
REGULATORY IMPACT ANALYSIS STATEMENT
(This statement is not part of the Regulations.)
Issues
The need for a number of minor technical amendments to the regulations has been identified with the introduction of a new statutory holiday. Under subsection 78(1) of the Patent Act, where a time period for doing anything ends on a prescribed day or on a day designated by the Commissioner of Patents, the time period is extended to the next day that is not a prescribed day or a designated day. The prescribed days for the purpose of subsection 78(1) of the Patent Act are listed in section 5 of the Patent Rules. The equivalent provisions, pursuant to subsection 66(1) of the Trademarks Act and subsection 21(1) of the Industrial Design Act, appear in the Trademarks Regulations and the Industrial Design Regulations, respectively.
The Patent Rules, the Trademarks Regulations and the Industrial Design Regulations, as currently drafted, do not include the National Day for Truth and Reconciliation observed on September 30 as a day for which the Canadian Intellectual Property Office is closed and deadlines are automatically extended. Without amendments to these regulations, the National Day for Truth and Reconciliation will be the only statutory holiday not identified. As the Office would be officially closed on September 30, this could potentially cause confusion to stakeholders due to the day not being listed.
Minor amendments to paragraphs 5(c), (g), (h) and (l) of the English version of the Patent Rules are also being made to correct errors in grammatical structure.
Objective
The amendments have the following objectives:
- to harmonize terms used in the regulations with those used in the enabling statute or related regulations; and
- to add clarity to a regulatory provision.
Description and rationale
The proposed amendments to the regulations will
- introduce the National Day for Truth and Reconciliation to section 5 of the Patent Rules;
- introduce the National Day for Truth and Reconciliation to section 15 of the Trademarks Regulations;
- introduce the National Day for Truth and Reconciliation to section 36 of the Industrial Design Regulations; and
- correct the comma placement in paragraphs 5(c), (g), (h) and (l) of the English version of the Patent Rules.
One-for-one rule and small business lens
The one-for-one rule does not apply to these amendments, as there is no change in administrative costs or burden to businesses.
Analysis under the small business lens determined that the amendments will not impact small businesses in Canada.
Contact
Doug Milne
Telephone: 819‑934‑2426
Email: Doug.Milne2@ised-isde.gc.ca