Delegation of the Powers, Duties and Functions of the Minister of Public Safety and Emergency Preparedness under the Trade-marks Act

51.04(1)

Authority to specify the form and manner of a request for assistance in pursuing remedies under this Act with respect to goods imported or exported in contravention of section 51.03.

National Headquarters

Programs Branch

• Director, Program and Policy Management Division, Commercial Programs Directorate

51.04(2)

Authority to require, in relation to the request for assistance, any other information, including information about the registered trade-mark and the goods for which it is registered.

National Headquarters

Operations Branch

• Director, Commercial and Trade Operations Division, Border Operations Directorate
• Manager, Commercial Registration Unit
• Senior Program Advisor, Commercial Registration Unit
• Senior Program Officer, Commercial Registration Unit

51.04(3)

Authority to:

• Accept the request for assistance
• Extend the validity period of a request for assistance for two years, and do so more than once

National Headquarters

Operations Branch

• Director, Commercial and Trade Operations Division, Border Operations Directorate
• Manager, Commercial Registration Unit
• Senior Program Advisor, Commercial Registration Unit
• Senior Program Officer, Commercial Registration Unit

51.04(4)

Authority to require that the trade-mark owner furnish security for the payment of an amount for which the trade-mark owner becomes liable under section 51.09.

Authority to fix the amount and form of the security.

Regions

• Chief
• Superintendent
• Border Services Officer

51.06(3)

Authority to:

• Be provided by the owner of a relevant registered trade-mark with a copy of a document filed with a court commencing proceedings to obtain a remedy under this Act with respect to the detained goods
• Specify the manner in which the copy shall be provided
• Be informed that:
  • the proceedings are finally disposed of, settled or abandoned
  • a court directs that the goods are no longer to be detained for the purpose of the proceedings; or
  • the trade-mark owner consents to the goods no longer being so detained

National Headquarters

Programs Branch

• Director, Program and Policy Management Division, Commercial Programs Directorate

51.11(1)

Authority to apply to the court, in the course of proceedings referred to in subsection 51.06(3), to:

• impose conditions on the storage or detention of the goods that are the subject of the proceedings; or
• direct that the copies are no longer to be detained for the purpose of the proceedings, on any conditions that the court may impose, if their owner, importer, exporter or consignee furnishes security in an amount fixed by the court

Regions

• Director, Trade Operations Division
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

51.11(2)

Authority to consent to the storage of the goods in a place other than a bonded warehouse or a sufferance warehouse before a condition to that effect is imposed under subsection 51.11(1).

Regions

• Chief
• Superintendent
• Border Services Officer

51.11(5)

Authority to apply to the court, in the course of proceedings referred to in subsection 51.06(3), to require the owner of the relevant registered trade-mark to furnish security, in an amount fixed by the court:

• to cover duties, storage and handling charges, and any other amount that may become chargeable against the copies
• to answer any damages that may, because of the detention of the copies, be sustained by the owner, importer, exporter or consignee of the copies

Regions

• Director, Trade Operations Unit
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

53.1(4)

Authority to apply to the court for directions in implementing an order made under subsection 53.1(1).

Regions

• Director, Trade Operations Unit
• Manager, Risk Management Unit
• Senior Officer, Trade Compliance

53.1(5)

Authority to give an opportunity to inspect the detained goods for the purpose of substantiating or refuting, as the case may be, the applicant’s claim.

Regions

• Director, Trade Operations Division
• Chief
• Manager, Risk Management Unit
• Superintendent
• Senior Officer, Trade Compliance
• Border Services Officer

53.1(6)

Authority to release the goods without further notice to the applicant if, within two weeks after the applicant has been notified, the Minister has not been notified that an action has been commenced for a final determination by the court of the legality of the importation or distribution of the goods.

Regions

• Chief
• Superintendent
• Border Services Officer