Language selection

Search

Program Annexes

On this page

Canadian Intellectual Property Office (CIPO)

1. Context

The Innovation, Science and Economic Development Canada (ISED) Service Fees Remission Policy supports compliance with the Service Fees Act (SFA) and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities . This policy:

This Program Annex sets out how the principles and requirements set out in the ISED Service Fees Remission Policy are applied within the Canadian Intellectual Property Office (CIPO).

2. Program Overview

CIPO, a Special Operating Agency of ISED, is responsible for the administration and processing of the greater part of intellectual property in Canada.

3. Fees and Service Standards

This remission policy only applies to service standards established in respect to CIPO's fees that are subject to section 7 of the Service Fees Act, as set out in the list published on CIPO's website.

4. Remissions

4.1 Considerations

In determining whether a service standard has not been met and whether a remission is warranted, the following factors will be taken into consideration:

Service standards are set out in CIPO’s list of service standards. In determining whether a service standard has not been met, the applicable unit will be used. Partial days are not included in the calculation.

In the event that a service standard is revised between the time of payment and delivery of the service, it is the published service standard on the day that the fee was paid that would be used to determine whether a service standard was not met.

4.2 Amount

The portion of a fee to be remitted by CIPO will be determined as follows:

Remission 25% of fee paid 50% of fee paid

Degree that the service standard was not met

Service standard missed by 50% or less of standard

Service standard missed by more than 50% of standard

4.3 Notification

CIPO will inform the authorized correspondent that a service standard has not been met and a remission is warranted in a correspondence sent to the authorized correspondent.

The correspondence sent by CIPO will also set out details on the remission, including the service standard that is not met, the remission amount, and the procedure for refusing a remission.

4.4 Refusal

The authorized correspondent has 1 month from the date that the correspondence is sent by CIPO to refuse the remission by return correspondence to CIPO.

4.5 Format and Timing

Remissions for this program that are not refused within 1 month from the date of the correspondence will be sent to the authorized correspondent  before July 1 of the following fiscal year. As set out in this policy, a remission corresponding to a portion of the fee will be made using cheque or direct deposit, as applicable.

For clarity, where an agent is appointed, the portion of the fee to be remitted will be sent to the agent who, at the time of the remission, is duly authorized to act on behalf of the client/applicant.

4.6 Effective Date

This remission policy will apply in respect to service standards for fees charged for services requested on or after April 1, 2021.

4.7. Contact Information

Inquiries about the service fee remissions for this program should be directed as per the information below. For general inquiries, please refer to the contact information listed in the ISED Service Fees Remission Policy.

Mailing Address: 

Canadian Intellectual Property Office
Place du Portage I
50 Victoria Street, room C-114
Gatineau, QC K1A 0C9

Email: IC.contact-contact.IC@canada.ca

Telephone: 1-866-997-1936

Competition Bureau (CB)

1. Context

The Innovation, Science and Economic Development Canada (ISED) Service Fees Remission Policy supports compliance with the Service Fees Act and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities.This policy:

This Program Annex sets out how the principles and requirements outlined in the ISED Service Fees Remission Policy apply within the Competition Bureau's (the "Bureau") Mergers Directorate, and specifically to fees payable by parties when submitting complete pre-merger notifications ("Notifications") and requests for Advance Ruling Certificates ("ARC Requests").

2. Program Overview

The Bureau's Mergers Directorate reviews proposed merger transactions to assess whether they are likely to substantially prevent or lessen competition. The Competition Act (the "Act") is the federal statute that governs most business conduct in Canada, as well as mergers, and aims to prevent anti-competitive market practices and mergers.

3. Fees and Service Standards

Parties to a merger transaction may submit an ARC Request in lieu of, or in addition to, Notifications, and both a fee and a Service Standard apply to ARC Requests and NotificationsFootnote 1. The fee is the same for ARC Requests and/or Notifications, and the fee should be paid at the time an application is made.

For guidance on the Merger Directorate's fees, Service Standards, complexity designations, information requirements and processes, consult the following publicly available documents:

4. Remission Characteristics

4.1 Format and Timing

Remissions will generally be issued using the same method by which the service fees were received and when this method is not feasible due to the complexity of the file or not reasonably practical, the remission can be issued by cheque.  

4.2 Amount

The amount of individual remissions for ARC Requests and/or Notifications will be determined in accordance with the following tables. For each table,

Table 1: Non-complex (14 day Service Standard)

Number of Service Standard Days

Remission

X ≤ 50%, or days 1 through 7

25%

X > 50%, or days 8 (+)

50%

Table 2: Complex and no Supplementary Information Request ("SIR") (45 day Service Standard)

Number of Service Standard Days

Remission

X ≤ 50%, or days 1 through 23

10%

X > 50%, or days 24 (+)

25%

Table 3: Complex with SIR (30 day Service Standard)

Number of Service Standard Days

Remission

X ≤ 50%, or days 1 through 15

1%

X > 50%, or days 16 (+)

5%

A remission will be issued to the entity that paid the fee or a portion thereofFootnote 2, and no remission will be issued for interest paid for overdue payments.

5. Eligibility

5.1 Eligibility Criteria

A party is eligible for a fee remission if the following criteria are met:

5.2 Special Conditions

A party is not eligible for a fee remission when one or more Service Standards are missed due to any of the following conditions:

Prior to the expiration of a Service Standard,

6. Processing a Remission

The following process will be used to process remissions for this program.

6.1 Confirmation of eligibility to receive a fee remission

All matters involving ARC Requests and/or Notifications will be evaluated by members of the Bureau’s Mergers Directorate to determine remission eligibility.

6.2 Issuance of fee remission (partial or full)

When the Bureau confirms that a remission is owed, it will undertake reasonable efforts to notify the fee payer or its legal representative and advise them of the amount due.  Remissions will generally be issued using the same method by which the service fees were received, and when this method is not feasible due to the complexity of the file or not reasonably practical, the remission may be issued by cheque.

Note that a fee payer may refuse to accept a remission.

7. Contact Information

7.1 Inquiries

Inquiries about the service fee remissions for this program should be directed as per the information below. For general inquires, please refer to the contact information listed in the ISED Service Fee Remission Policy.

Mailing Address: 

Director, Finance and Administration

Competition Bureau
Place du Portage I
50 Victoria Street, 23rd Floor
Gatineau, Quebec K1A 0C9

Email:

ic.cbfinances-financesbc.ic@canada.ca

Telephone:

819-997-1073

7.2 Complaints

Complaints regarding the application of this Program Annex can be directed to the Executive Director, Corporate Services Branch. The Executive Director will examine the matter and will provide feedback to the complainant.

Mailing Address: 

Executive Director, Corporate Services Branch
Competition Bureau
Place du Portage I
50 Victoria Street, 23rd Floor
Gatineau, Quebec K1A 0C9

Corporations Canada (CC)

1. Context

The Innovation, Science and Economic Development Canada Service Fees Remission Policy complies with the Service Fees Act (SFA) and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities. This policy:

The following sets out how Corporations Canada will apply the Departmental Service Fee Remission Policy principles and requirements.

2. Program Overview

Corporations Canada is a regulatory organization that allows businesses to incorporate in Canada at the federal level in accordance with Canada’s laws. It contributes directly to the Department’s strategic objective to ensure that the Canadian marketplace is efficient and competitive by administering federal laws governing corporate activity in Canada. They are the:

Corporations Canada's key functions are:

3. Fees and Service Standards

Most of Corporations Canada's services with fees $200 or more are eligible for a remission under the Departmental policy. Services with fees below $200 are not eligible for a remission because they are exempt as low materiality fees (see Low-materiality Fees Regulations).

Remissions will be made when a response is not sent to an applicant within a period that comprises the service standard plus a grace period. While the service standard is one (1) business day for online services and ten (10) business days for non-online services, the remission will only be issued if the service standard and a reasonable grace period are exceeded. In the case of online services, the grace period is four (4) business days and for non-online services, five (5) business days. The grace period takes into account the high volume of applications Corporations Canada receives (over 380,000 fee services per year) and its high service standards, which are met 97% of the time. The remission will be made when an applicant’s needs are clearly not met.

If the applicant does not receive a response from Corporations Canada within that period, a remission of fifty percent (50%) of the fee will be provided. A response based on the examination of the application can be the issuance of a certificate or a notice asking for additional information to make a decision.

Corporations Canada must have a complete application to deliver services. An application is complete when:

Corporations Canada's fees and service standards are available online:

The following table outlines  fee-based services that are eligible for a remission under those three laws.

Service

Fee

Remission if not processed within time period below

Online

Incorporation

$200

5 business days

(1-day service standard plus 4-day grace period)

Amendment

Amalgamation

Continuance

Letter of satisfaction

Non-online

Incorporation

$250

15 business days

(10-day service standard plus 5-day grace period)

Amendment

Amalgamation

Continuance

Letter of satisfaction

Revival

Correction

Cancellation

Exemptions

$250

35 business days

(30-day service standard plus 5-day grace period)

Arrangement

$500

10 business days

(5-day service standard plus 5-day grace period)

4. Remission Characteristics

4.1 Format and Timing

In cases where a remission is to be issued, Corporations Canada will start processing the remission once the certificate has been issued or the application has been withdrawn or is considered withdrawn. In most cases, the remission will be issued in the original payment method. For more details, see section 6.2.

4.2 Amount

The amount of each remission will be 50% of the service fee. Corporations Canada incurs costs for processing and reviewing the application even if a remission is issued.

5. Eligibility

5.1 Eligibility Criteria

Unless Section 5.2 applies, an applicant is eligible for a remission of the service fee if Corporations Canada has not issued a response within the period set out in the table under Section 3

5.2 Special Conditions

An applicant is not eligible for a fee remission if the period set out in the table under Section 3 is exceeded due to one of the following conditions:

6. Processing a Remission

Remissions will be processed as follows:

6.1 Confirmation of Eligibility to Receive a Remission

On a daily basis, an automated system will flag applications where Corporations Canada responded to an application after the expiration of the period set out in the table under Section 3. Corporations Canada will review each flagged application to determine whether the applicant is eligible for a remission or not by applying the criteria in Section 5.

6.2 Issuance of a Fee Remission

If an applicant is eligible for a remission, Corporations Canada will send a notice to inform the applicant of the amount to be reimbursed.

Corporations Canada will reimburse applicants according to the applicant’s method of payment for the service:

When collecting information from applicants to process remissions, Corporations Canada will attempt to contact applicants up to two (2) times. After the second attempt, the applicant will be responsible for contacting Corporations Canada with the necessary information in order to receive their remission.

7. Contact Information

For more information about Corporation Canada's service fee remissions, please contact us:

Phone:

613-941-9042
1-866-333-5556 (toll-free in Canada)

TTY: 1-866-694-8389

Email: ic.corporationscanada.ic@canada.ca

Mailing address:

Corporations Canada
C.D. Howe Building
235 Queen St
Ottawa ON  K1A 0H5

Measurement Canada

1. Context

The Innovation, Science and Economic Development Canada (ISED) Service Fee Remission Policy supports compliance with the Service Fees Act and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities.This policy:

This Program Annex sets out how the principles and requirements outlined in the ISED Service Fee Remission Policy apply to the services provided by Measurement Canada (MC), including device approvals, examinations, calibrations, and Authorized Service Provider accreditation.

2. Program overview

Measurement Canada is responsible for ensuring accuracy in the selling of measured goods, including developing and enforcing the laws related to measurement accuracy, approving and inspecting measuring devices, and investigating complaints of suspected inaccurate measurement. In order to fulfill this mandate, MC uses the authorities allotted to them under the Weights and Measures Act and the Electricity and Gas Inspection Act.

3. Fees and service standards

Clients receiving a service from Measurement Canada in the form of an approval, examination, calibration, or accreditation, receive an invoice once the service is complete.

Standard Service Fees are pre-set and published on MC’s webpage, as are MC’s existing service standards, which detail the approximate time it should take MC to complete the requested service.

For guidance on MC’s Service fees and existing Service Standards, consult the following publicly available documents:

4. Remission characteristics

4.1 Format and timing

MC charges a fee after they have completed the requested service through the issuance of an invoice. In a case where a remission is owed to a client, this gives MC the option of charging the full amount for a service and then issuing a remission afterwards for failed Service, or charging an amount that already considers the remission, otherwise referred to as a “net charge”.

For the practical benefit of MC’s clients, the agency proposes that it will issue a remittance using the “net charge” method, meaning MC will track remittances owed internally and apply them to final charges owed by stakeholders before the final fee is charged. This makes the process more complex for MC in terms of tracking accounts, but is more efficient when compared to billing a stakeholder for the full cost of the service and then issuing a remittance after the full payment has already been received.

4.2 Amount

The remission amount will be based on the proportion by which the standard is not met, and its impact on the fee payer. The maximum amount that will be remitted is 50% of the service fee if MC exceeds the service standard by 100% or more. All remissions will thus be scaled in the same way (i.e. a 25% remission when the standard is missed by 50%, or a 5% remission when the standard is missed by 10%). This means that the remission can be calculated with a simple equation: (Amount of time exceeding the service standard ÷ Total Service Standard x 0.50).

For example, a device has been submitted for approval to an MC lab, which has a service standard of 4 days with a total service charge of $1000.00. Upon completion of the project, the standard has been exceeded by 1 day; therefore, the remission would be calculated as follows:

1 day / 4 days = 25%

25% x 0.50 = 12.5%

12.5% of $1,000 = $125

The same formula is applicable to MC services that carry hourly standards. For example, a client has requested that MC conduct an inspection on a marketplace measuring device. The inspection has a service standard of 3 hours with a total service charge of $275.00. Upon completion of the project, the standard has been exceeded by 1 hour; therefore, the remission would be calculated as follows:

1 hour / 3 hours = 0.33

33% x 0.50 = 16.50%

16.50% of $275.00 = $45.37

Of note, remissions will be based solely on inspector or laboratory personnel time as this is the only part of the service that MC has control over. Fees that are charged for expenses beyond Measurement Canada’s control, for example travel costs, are undertaken regardless of the Measurement Canada’s performance of the service and will not be remitted.

5. Eligibility

5.1 Eligibility criteria

A party is eligible for a fee remission if the following criteria are met:

5.2 Special conditions

A party is not eligible for a fee remission when one or more service standards are missed due to any of the following special conditions:

Prior to the expiration of a Service Standard,

6. Processing a remission

The following process will be used to process remissions for this program.

6.1 Confirmation of eligibility to receive a fee remission

All matters involving remissions requests and/or notifications will be evaluated by members of MC’s Business Management Centre to determine remission eligibility.

6.2 Issuance of a fee remission

When MC has confirmed that a remission is owed, the amount owed will be subtracted from the invoice of the client before they are billed for the service in question.

7. Contact Information

7.1. Inquiries

Inquiries about the service fee remissions for this program should be directed as per the information below. For general inquires, please refer to the contact information listed in the ISED Service Fee Remission Policy.

Mailing address: 

Measurement Canada
Standards Building
151 Tunney's Pasture Driveway
Ottawa, Ontario  K1Y 1G9

Email: ic.mcinfo-infomc.ic@canada.ca

7.2 Complaints

Complaints regarding the application of this Program Annex can be directed to the President of Measurement Canada. The President will examine the matter and will provide feedback to the complainant.

Mailing Address: 

Measurement Canada
Standards Building
151 Tunney’s Pasture Driveway
Ottawa, Ontario, K1Y 1G9

Email: ic.mcinfo-infomc.ic@canada.ca

Office of the Superintendent of Bankruptcy (OSB)

1. Context

The Innovation, Science and Economic Development Canada (ISED) Service Fees Remission Policy supports compliance with the Service Fees Act (SFA) and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities. This policy:

This Program Annex sets out how the principles and requirements set out in the ISED Service Fees Remission Policy are applied within the Office of the Superintendent of Bankruptcy (OSB)

2. Program Overview

The OSB is responsible for administration of the Bankruptcy and Insolvency Act (BIA), as well as certain duties under the Companies' Creditors Arrangement Act (CCAA). It licenses and regulates the insolvency profession, ensures an efficient and effective regulatory framework, supervises stakeholder compliance with the insolvency process, and maintains public records and statistics. The OSB, as a vote net revenue organization, recovers its costs from the insolvency system and operates independently from the Government of Canada with regard to the conduct of its mandate.

Under the Service Fees Act (SFA), the OSB is required to establish, publish and meet service standards with respect to its fees associated with trustee licence candidate applications and the annual renewals of trustee licences. There is also a requirement for the OSB to remit a portion of the fee to the fee-payer should the OSB not meet these service standards. The OSB will report on these service standards and remissions through the annual departmental fee reporting process.

This Annex outlines the circumstances and process for the remission of a portion of the fee, to the fee-payer should the OSB not meet these service standards.

3. Fees and Service Standards

The following table sets out the fees and associated service standards that are covered by this Program Annex.

Fee

Service Standard

Trustee Licence Candidate Application Fee

The OSB will provide candidates with trustee licensing decisions within 90 days following the completion of the final Oral Board of Examination.

http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/h_br03619.html

The date of the final Oral Board of Examination is posted on the OSB's website every year.

Trustee Licence Renewal Fee

The OSB will process perfected applications for annual trustee licence renewals received through the OSB's Licence Administration Application (OLAA) within 5 business days.

http://www.ic.gc.ca/eic/site/bsf-osb.nsf/eng/br01138.html

The application processing time starts once the OSB has received a perfected application through OLAA and the prescribed payment has been received by the OSB.

Note: All Licensed Insolvency Trustees (LIT) must verify their profile information in OLAA before they are able to renew. LITs in charge will be unable to complete payment for an LIT in their firm until the LIT has logged into OLAA and confirmed their individual profile information.

4. Remission Characteristics

4.1 Format and Timing

Remissions for fees associated with trustee licence candidate applications and the renewal of trustee licences will be processed following a determination by the OSB that the service standard was missed by more than 5 business days in the form of a refund to the credit card used for fee payments and a refund by direct deposit or cheque for all other methods of fee payment.

4.2 Amount

The amount of individual remissions for this program will be determined as follows:

The OSB will run reports for trustee licence candidate application fees and the renewal of trustee licence fees on a regular basis to verify if the service standards have been met.

If the OSB does not meet the service standard for a trustee licence candidate application fee or a renewal of trustee licence fee, the amount of the remission to the fee-payer for this program will be determined as follows:

5. Eligibility

5.1 Eligibility Criteria

A party is eligible for a partial or full remission of one or more of the service fees set out in Section 3 if the following criteria are met:

5.2 Special Conditions

A party is NOT eligible for a fee remission when one or more service standard is missed due to any of the following conditions:

6. Processing a Remission

The following process will be used to process remissions for this program:

6.1 Confirmation of Eligibility to Receive a Fee Remission

Trustee Licence Candidate Application:

The OSB posts the date of the last Oral Board of Examination every year on its website. The OSB will run a report every year the day following the expiration of the 90-day service standard to verify if the OSB provided trustee licence candidates with their licensing decision. Eligible parties will be refunded a percentage, determined by the criteria in Section 4.2 of the prescribed fee under Rule 134(1) of the BIA General Rules (Rules).

Trustee Licence Renewal:

The LIT shall pay their licence renewal fees by the prescribed deadline through the OLAA. The OSB will run reports regularly until the last perfected application for the renewal of a trustee licence for the applicable calendar year has been received to ascertain whether the service standard has been met. Eligible parties will be refunded a percentage, determined by the criteria in Section 4.2 of the prescribed fee under Rule 134(2) of the Rules.

6.2 Issuance of Fee Remission (Partial or Full)

If the OSB has not met the service standard by more than 5 business days for a trustee licence candidate application fee or the renewal of trustee licence fee, the OSB will provide a partial refund of the applicable prescribed fee determined by the criteria in Section 4.2.

The OSB will contact the fee-payer by electronic mail following a determination that the service standard was missed by more than 5 business days to inform them that they are eligible to receive a remission. The correspondence will also include pertinent information such as the remission amount, the available refund method, the expected timeframe for issuance of the remission, and the option to refuse the remission if desired. If the OSB is not able to reach the fee payer by electronic email, a letter will be sent to the address on file in OLAA.

Please refer to Section 4.1 for the format and timing of a remission.

If the OSB does not receive a response from the fee-payer within one month of the initial communication, the OSB will remit the partial amount to the credit card used for the fee payment; however, a remission by any other form of payment will be forfeited.

7. Contact Information

Inquiries about the service fee remissions for this program should be directed as per the information below. For general enquiries, please refer to the contact information listed in the ISED Service Fee Remission Policy.

Mailing Address: 

Office of the Superintendent of Bankruptcy
Licensing Policy and Administration
235 Queen Street
Ottawa, Ontario K1A 0H5

Email: ic.osblicencebsf-bkhq.ic@canada.ca

Telephone: 613-941-2699

TTY: 1-866-694-8389

Spectrum and Telecommunications Sector (STS)

1. Context

The Innovation, Science and Economic Development Canada (ISED) Service Fees Remission Policy supports compliance with the Service Fees Act (SFA) and associated Treasury Board policy instruments, notably the Directive on Charging and Special Financial Authorities. This policy:

This Program Annex sets out how the principles and requirements of the ISED Service Fee Remission Policy are applied within the Spectrum and Telecommunications Program (STS).

2. Program Overview

STS' general policy objective is to maximize the economic and social benefits that Canadians derive from the use of the radio frequency spectrum. The STS mandate comes from the Department of Industry Act, the Radiocommunication Act and Radiocommunication Regulations, with due regard to the objectives of the Telecommunications Act.

3. Fees and Service Standards

STS charges fees for privileges in the form of spectrum and radio licences, as well as for services related to equipment certification and registration. STS' service standards are organized in relation to the application process or service provided. Fees for spectrum and radio licences range depending on a number of factors associated with licensing regulations.

Spectrum and Telecommunications fees and how they are applied are described on the Spectrum and Telecommunications website.

This remission policy only applies to service standards established in relation to fees, as per section 7 of the Service Fees Act

4. Eligibility

4.1 Eligibility Criteria

A party is eligible for a fee remission when fees have been paid in full and the related service standard has been missed for reasons other than those set out below in section 4.2 (Special Conditions).

4.2 Special Conditions

A party is NOTeligible for a fee remission when one or more service standards is missed due to any of the following conditions:

5. Amount

Remissions apply to fully paid invoiced fees, less any credits applied to the invoice. Remissions will not exceed 50% of the fee payment (i.e. money received) that is associated with the relevant transaction.

The amount of an individual remission for this program will be determined as follows:

Examples:

Service Standard

Missed by

Remission

49 days

1 to 24 days

25%

25 or more days 50%

130 days

1 to 65 days 25%
66 or more days

50%

6. Form of Remission and Timing

STS will issue remissions, where possible, in the same form as the payment made for the related service (e.g. credit card, debit card, or cheque). STS may require credit card information to finalize the transaction. Remissions will not be applied to unpaid invoices or issued as credits to accounts.

STS will issue remissions minimally on a yearly basis.

7. Processing Remissions

Spectrum and radio licence applications as well as equipment certification and registration transactions will be evaluated by a program officer to confirm eligibility and to determine the remission amount based on this and the departmental remission policy.

8. Contact Information

For general inquires, please refer to the contact information listed in the ISED Service Fee Remission Policy.

Inquiries about the service fee remissions provided by STS should be directed as per the information below.

Mailing Address:

Director Broadcast, Coordination, and Planning
Spectrum and Telecommunications Sector
Innovation, Science and Economic Development Canada
6th floor, 235 Queen Street
Ottawa, Ontario
K1A 0H5

Email:  Ic.spectrum-spectre.ic@canada.ca

Telephone:

Spectrum and Telecommunications district office  telephone numbers can be found in RIC-66 — Addresses and Telephone Numbers of District Offices.

Or

ISED National Capital Region

Telephone (toll-free in Canada): 1-800-328-6189
Telephone (Ottawa): 613-954-5031
TTY (for hearing-impaired): 1-866-694-8389

Date modified: