Marketplace framework policy
The marketplace framework is the legal and regulatory environment within which business and consumers must function. Effective marketplace framework policies ensure that Canada's marketplace is structured to encourage entrepreneurship, innovation, investment and competitiveness, while protecting the interest of Canadian citizens.
The marketplace framework encompasses the following policy areas:
- Corporate law policy
- Insolvency law policy
- Foreign investment policy
- Competition policy
- Copyright policy
- Trademark and industrial design policy
- Patent policy
- Privacy and data protection policy
For information about the international dimensions of marketplace framework policies on intellectual property, see International intellectual property policy.
The Marketplace Framework Policy Branch undertakes research and consults with stakeholders, monitors domestic and international developments, develops specific policy proposals and legislative initiatives, and facilitates the legislative process. The Branch also works to enhance public and private stakeholders' understanding, advises Government of Canada officials, and participates in international discussions and negotiations on related issues.
Ensuring greater certainty for the Canadian marketplace during COVID-19 Pandemic
On July 30, an Order in Council was issued to lift the Time Limits and Other Periods Act's (COVID-19) suspension on certain timelines related to proceedings before a court under the Bankruptcy and Insolvency Act, the Companies' Creditors Arrangement Act, and the Patented Medicines (Notice of Compliance) Regulations.
- Order lifting suspensions of time limits in relation to proceedings commended under certain Acts which the Minister of Industry is responsible for
The Minister of Innovation, Science and Industry also issued a Ministerial Order under the Time Limits and Other Periods Act (COVID-19) dated July 31, 2020 extending certain time limits in relation to the National Security Review of Investments Regulations, as well as the Canada Business Corporations Act, the Canada Not-for-profit Corporations Act, the Canada Cooperatives Act, and the Boards of Trade Act.
National Security Review of Investments Regulations
Information about the Ministerial Order with respect to the National Security Review of Investments Regulations can be found here: Temporary Extension of Certain Timelines in the National Security Review Process Due to COVID-19.
Canada Business Corporations Act, the Canada Not-for-profit Corporations Act, the Canada Cooperatives Act, andthe Boards of Trade Act
As a result of the exceptional and unprecedented circumstances produced by COVID-19, including social distancing requirements and restrictions relating to large gatherings, businesses, not-for-profit corporations, and cooperatives have faced challenges in conducting required meetings within the legislated time limits. The Ministerial Order provides needed flexibility by extending the time limits for calling an annual meeting and for presenting the financial statements by six months or until December 31, 2020, whichever ends earlier. Boards of trade have faced similar challenges to hold required quarterly meetings, one of which is normally used as an annual general meeting to elect directors and review financial statements. They are also required to file an annual summary by June 1 each year. The Ministerial Order suspends the requirement to hold a quarterly meeting to September 30, 2020, and also extends the time for filing an annual summary to December 1, 2020.
- Order respecting time limits and other periods established by or under certain acts and regulations for which the Minister of Industry is responsible (COVID-19)
- Explanatory note — Order respecting time limits and other periods established by or under certain acts and regulations for which the Minister of Industry is responsible (COVID-19)
Canada-European Union Comprehensive Economic and Trade Agreement
On May 16, 2017, Bill C-30, An Act to implement the Comprehensive Economic and Trade Agreement between Canada and the European Union (CETA) and its Member States, received Royal Assent. The Intellectual Property chapter of CETA requires Canada to make changes to the Canadian pharmaceutical regime. The first is to implement an additional period of protection for pharmaceutical products, which will be done through a certificate of supplementary protection. The second change is to ensure that all parties in pharmaceutical patent litigation have equivalent and effective appeal rights. Bill C-30 also repeals section 29 of the Patent Act, a provision that was previously repealed by the Economic Action Plan 2014 Act, No. 2 but had yet to be brought into force.
To fully implement these commitments, the following regulations have been made. The text of these regulations is provided below for information only. The official versions are those that are published by the Department of Justice. In addition, the Regulatory Impact Analysis Statements that will accompany the publication of these regulations in the Canada Gazette, Part II are also provided
- A Consultation on Options for Reform to the Copyright Board of Canada (August 9, 2017 to September 29, 2017)
- Canada's New Intellectual Property Strategy (June 19, 2017 to July 17, 2017)
- A Governance Framework for IP Agents (June 23, 2016 to August 31, 2016)
- Canadian Intellectual Property Office
- Competition Bureau
- Copyright Board of Canada
- Corporations Canada
- Investment Review Division
- Office of the Superintendent of Bankruptcy
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