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Finance committee  I'm sorry. I think it's 21.4(5). A person who commits an offence under any of subsections (1) to (4) is liable on summary conviction to a fine not exceeding $200,000 or to imprisonment for a term not exceeding six months, or to both. On the burden, the corporation has a consi

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  I'll say two things. One is that the information is only available to competent authorities—to the director of Corporations Canada or to a fellow shareholder of the entity. Also, it's only available at the premises of the corporation. The second is that there is an access affid

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  It is appropriate use, yes. It may on application require the corporation or its agent or mandatary to allow the applicant access to the registry of the corporation referred to in proposed subsection 21.1(1) during the usual business hours.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Right now there are no requirements for corporations to seek out beneficial ownership information, so the obligations are for the corporation to hold a registry of shareholders. The shareholder is simply the shareholder, not the beneficial owner of that share. That information

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Right now, no, but after these provisions, then yes, you will have access to the registry of beneficial owners.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  The corporations would. That's correct.

November 5th, 2018Committee meeting

Mark Schaan

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Great. I will walk you through the various clauses related to division 7, clauses 187 to 302. They're all related to Canada's national intellectual property strategy. I'll try to walk you through each act as we go. By a very quick way of background, budget 2017 committed the gov

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Under the current act right now, when prior user rights are established between an entity.... Essentially you've used a technology without any knowledge that someone else had subsequently invented it. You've been using it and it's fundamental to your business. Right now when that

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Yes, and there are definitely those who have established prior user rights similar to this.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  No. We'll get to that in subdivision D.

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Then we'll switch to the Trade-marks Act changes. This is part 4, division 7, subdivision B, clauses 214 to 242. Just by very quick way of background, this is in part related to concerns from trademark stakeholders about the possibility for what some people call “trademark squat

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  The goal of the strategy was very much to ensure that we had sufficient protections and that we were preserving the balance necessary in the intellectual property realm. These are provisions that bring our regime, which has been modernized consistently over the last decade, even

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  Then we move on to part 4, division 7, subdivision C, which is related to the Copyright Act “notice and notice” regime. Here's a reminder for those of you who may not embrace the notice and notice regime every day, although you probably do. The point of the notice and notice reg

November 5th, 2018Committee meeting

Mark Schaan

Finance committee  ISPs have developed a structure to be able to pass along those notices. They would be contravening the law set out by indicating that the notices can't contain that information. There are no direct penalties. The goal is, as per the structure of the entire system, to inform the

November 5th, 2018Committee meeting

Mark Schaan