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Bill C-57

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SCHEDULE IV
(Section 220)

CONSEQUENTIAL AMENDMENTS

Amendments Consequential on the Repeal of Section 427 of the Insurance Companies Act

R.S., c. 35 (4th Supp.) [c. A-10.1]

Air Canada Public Participation Act

1993, c. 34, s. 3

1. The portion of the definition ``non-resident'' in subsection 6(7) after paragraph (f) is replaced by the following:

    but does not include

      (g) a mutual company within the meaning of the Insurance Companies Act, if its head office and chief place of business are situated in Canada and at least three quarters of its board of directors and each committee of its directors are Canadian citizens who are ordinarily resident in Canada, or

      (h) a company within the meaning of that Act that is a subsidiary of a foreign institution within the meaning of that Act or a foreign company within the meaning of that Act, where the company or the foreign company is acquiring shares to form part of the assets of a segregated fund maintained pursuant to section 451 or 593 of that Act that has been established with respect to one or more policies or amounts for the administration of a pension fund for the benefit of individuals a majority of whom are residents;

1991, c. 10 [c. P-11.1]

Petro-Canada Public Participation Act

1993, c. 34, s. 101

2. The portion of the definition ``non-resident'' in subsection 9(8) after paragraph (f) is replaced by the following:

    but does not include

      (g) a mutual company within the meaning of the Insurance Companies Act, if its head office and chief place of business are situated in Canada and at least three quarters of its board of directors and each committee of its directors are Canadian citizens who are ordinarily resident in Canada, or

      (h) a company within the meaning of that Act that is a subsidiary of a foreign institution within the meaning of that Act or a foreign company within the meaning of that Act, where the company or the foreign company is acquiring shares to form part of the assets of a segregated fund maintained pursuant to section 451 or 593 of that Act that has been established with respect to one or more policies or amounts for the administration of a pension fund for the benefit of individuals a majority of whom are residents;

Amendments Consequential on the New Section 7.1 of the Integrated Circuit Topography Act

R.S., c. D-1

Defence Production Act

3. Paragraph (b) of the definition ``royalties'' in section 2 is replaced by the following:

      (b) claims for damages for the infringement or use of any registered topography within the meaning of the Integrated Circuit Topography Act or of any patent or registered industrial design;

4. Section 22 is replaced by the following:

Relief from claims and proceedings for royalties

22. (1) The Minister may, on behalf of Her Majesty, contract with any person that Her Majesty will relieve that person from any claims, actions or proceedings for the payment of royalties for the use or infringement of any patent, registered industrial design or registered topography by that person in, or for the furnishing of any engineering or technical assistance or services to that person for, the performance of a defence contract.

Relief from royalty payments

(2) A person with whom the Minister has contracted under subsection (1) is not liable to pay royalties under any contract, statute or otherwise by reason of the use or infringement of a patent, registered industrial design or registered topography in, or in respect of engineering or technical assistance or services furnished for, the performance of a defence contract and to which the contract under subsection (1) applies.

Compensation for use

(3) A person who, but for subsection (2), would be entitled to a royalty from another person for the infringement or use of a patent, registered industrial design or registered topography or in respect of engineering or technical assistance or services is entitled to reasonable compensation from Her Majesty for the infringement, use or services and, if the Minister and that person cannot agree as to the amount of the compensation, it shall be fixed by the Commissioner of Patents.

Appeal

(4) Any decision of the Commissioner of Patents under subsection (3) is subject to appeal to the Federal Court under the Patent Act.

Definition of ``registered topography''

(5) In this section, ``registered topography'' has the same meaning as in the Integrated Circuit Topography Act.

Amendment Consequential on the Repeal of the Meat Import Act

R.S., c. E-19

Export and Import Permits Act

5. Paragraph 5(1)(c) is repealed.

Amendment Consequential on the New Section 37.1 of the Western Grain Transportation Act

R.S., c. 28 (3rd Supp.) [c. N-20.01]

National Transportation Act, 1987

6. (1) Subsection 27(2) is replaced by the following:

Approval of certain rules, etc.

(2) Subject to subsections (3) and (4), but notwithstanding anything in any other Act of Parliament, a rule, order or regulation that is authorized to be made by the Agency under this Act or any other Act of Parliament shall, where the rule, order or regulation is directed to more than one person or body and is made in the exercise of a legislative power and not in the exercise of a judicial or quasi-judicial power of the Agency, be made only with the approval of the Governor in Council.

(2) Section 27 is amended by adding the following after subsection (3):

Idem

(4) The Agency may make an order under subsection 37.1(2) of the Western Grain Transportation Act without the approval of the Governor in Council.