Part 2, Volume 157 #9
Highlights
- The College of Patent Agents and Trademark Agents Board has established by-laws under its Act and Regulations, setting standards for licensing, incompetence, and professional misconduct.
- Mattagami First Nation will hold its council elections under the First Nations Elections Act on October 9, 2023, aiming to improve governance and community engagement.
- Canada has updated its Special Economic Measures against Belarus and Russia, adding banks and individuals/entities to its sanctions list to increase economic pressure and align with international partners in response to the Ukraine crisis.
Establishment of By-Laws for the College of Patent Agents and Trademark Agents Board
The College of Patent Agents and Trademark Agents Board has established new by-laws under the College of Patent Agents and Trademark Agents Act and Regulations. These by-laws define terms such as Act, CEO, CIPO, and various classes of licenses, and outline the standards for incompetence and professional misconduct.
The by-laws detail the organization of the College, including the fiscal year, duties of the Board, remuneration for directors, election processes, and meeting protocols. The Chairperson and CEO are designated as officers, with specific duties assigned to each role.
Licensing procedures are specified for different classes of licenses, including application requirements, fees, and conditions. The by-laws also set out the process for qualifying examinations, supervisor eligibility, and the review of the Registrar’s licensing decisions.
Licensees must meet ongoing obligations such as maintaining professional liability insurance, submitting annual reports, and notifying the Registrar of certain events like bankruptcy or criminal charges. Licenses can be suspended for non-compliance, with provisions for reinstatement or revocation after certain periods.
The by-laws also govern the maintenance of Registers, the issuance of certificates, and the inclusion of foreign practitioners. Investigations into professional misconduct or incompetence are outlined, including the process for complaints, appeals, and provisional actions.
Fees for various applications, renewals, and services are listed in a schedule, with an annual adjustment based on the Consumer Price Index. Lastly, provisions for amending the by-laws, repeals, and the effective dates of the by-laws are stated. [Source]
Mattagami First Nation to Hold Council Elections Under First Nations Elections Act in October 2023
The Mattagami First Nation’s council has passed a resolution requesting to be added to the schedule of the First Nations Elections Act. In response, the Minister of Indigenous Services has issued an order to include the Mattagami First Nation in the schedule. Consequently, the first election for the council of the Mattagami First Nation under this Act is set for October 9, 2023. This order will take effect on the day it is registered. [Source]
Mattagami First Nation Adopts New Election System Under First Nations Elections Act
The Mattagami First Nation in Ontario has decided to change the way it selects its council. Previously, elections were held under the Indian Act, but the First Nation has passed a resolution to conduct future elections under the First Nations Elections Act. The Minister of Indigenous Services has approved this change, resulting in the repeal of the Mattagami First Nation from the Indian Bands Council Elections Order and its addition to the schedule of the First Nations Elections Act. The first election under the new system is set for October 9, 2023.
This change is intended to enhance the governance autonomy of the Mattagami First Nation and better meet the community’s needs. The transition to the First Nations Elections Act is expected to bring cost savings by reducing the frequency of elections from every two years to every four years, allowing for more efficient long-term planning and potential redirection of funds to other community priorities.
The decision was made following consultations within the Mattagami First Nation community and is of interest solely to its members. The shift aligns with the broader goal of self-determination for Indigenous communities and the restoration of traditional governance structures that often included a diversity of voices, such as those of women, youth, and elders.
The change to the First Nations Elections Act is also expected to support greater participation in governance by all community members, including women, whose representation in council roles has been increasing. The system allows for more accessible voting for electors facing various barriers.
The implementation of this change does not require additional compliance or enforcement measures, as the responsibility for conducting elections and resolving disputes lies with the Mattagami First Nation and the appointed electoral officer. However, the First Nations Elections Act does provide for legal recourse in the event of election disputes and sets out penalties for election offenses. [Source]
Canada Expands Sanctions on Belarusian and Russian Banks over Ukraine Conflict
The Canadian government has amended the Special Economic Measures (Belarus) Regulations in response to Belarus’s support of Russia’s invasion of Ukraine and its role in assisting Russia to evade sanctions. The amendments include adding nine Belarusian and Russian-owned banks to a list that prohibits them from dealing with Canada. These entities are implicated in supporting Russia’s actions against Ukraine’s sovereignty and territorial integrity.
The amendments also revise sections of the existing regulations for legal clarity. The changes are intended to increase economic pressure on Belarus, prevent sanctions evasion, and align Canada’s actions with those of international partners.
The sanctions are part of Canada’s broader response to the crisis in Ukraine, which includes over $5 billion in assistance, military aid, support for energy infrastructure, removal of trade tariffs on Ukrainian imports, humanitarian aid, and support for civil rights organizations.
The sanctions are designed to be targeted, minimizing the impact on Canadian businesses and the Belarusian population while exerting pressure on specific entities supporting the violation of Ukraine’s territorial integrity. The amendments are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance including fines and imprisonment. [Source]
Canada Expands Sanctions on Russia with New Additions to Dealings Ban List
The Canadian government has amended the Special Economic Measures (Russia) Regulations to impose additional sanctions on Russia in response to its ongoing military aggression against Ukraine. These amendments add 14 individuals and 34 entities to the list of those subject to a dealings ban, effectively freezing their assets. The targeted individuals are primarily senior figures in Russian companies that provide military services, including those associated with the Wagner Group Private Military Company. The entities are mostly military technology companies that have already been sanctioned by the United States and other allies.
The sanctions are part of Canada’s broader response to support Ukraine, which includes over $5 billion in assistance, military aid, cyber defense, and training for Ukrainian troops. Canada has also removed trade tariffs on Ukrainian imports and is providing development, humanitarian assistance, and support for civil rights organizations.
The sanctions align with measures taken by international partners, including G7 and European countries, and are intended to impose macroeconomic costs on Russia, undermine its military capabilities, and signal condemnation of its actions in Ukraine. The sanctions are enforced by the Royal Canadian Mounted Police and the Canada Border Services Agency, with penalties for non-compliance ranging from fines to imprisonment.
The amendments are designed to have minimal impact on Canadian businesses and citizens, as the targeted individuals and entities are unlikely to have significant dealings with Canada. The sanctions are also not expected to significantly impact small businesses or vulnerable groups due to their targeted nature. Compliance with the sanctions will be facilitated by the availability of the listed names online and on the Consolidated Canadian Autonomous Sanctions List. [Source]