OTTAWA - On July 24 the Honourable Maxime Bernier, Minister of Industry, applauded the news of the launch of the Commissioner for Complaints for Telecommunications Services (CCTS). The Government of Canada called on the telecommunications industry last April to work with the CRTC to establish an independent telecommunications consumer agency, as part of the federal government's deregulation of local telephone services.

"Canada's New Government believes that an independent agency with a mandate to resolve complaints from individuals and small business retail customers is an integral component of a deregulated telecommunications market," said Minister Bernier. "We continue to believe that reliance on market forces and competition benefits both Canadian businesses and consumers."

The Telecommunications Policy Review Panel, in its 2006 report, recommended the creation of such a telecommunications consumer agency, noting that it would protect the interests of Canadian consumers in a world where "telecommunications services are becoming more pervasive and increasingly complex for consumers."

City of Guelph says it has achieve "100 per cent rating on water quality tests and water system inspections" after testing indicated unacceptable levels of lead in water earlier this year.

Guelph - The City of Guelph received perfect scores in the Chief Drinking Water Inspector’s Annual Report for 2005- 2006, recently released by the Ministry of the Environment (MOE).

Of the 706 municipal residential drinking water systems tested to ensure the facilities are operating in compliance with regulatory requirements, Guelph is in the top one-third of municipalities that achieved a 100 per cent inspection rating. The City also met the provincial drinking water quality standards on 100 per cent of its water quality tests.

“Our Waterworks staff do an excellent job of managing Guelph’s drinking water system,” says Mayor Karen Farbridge. “As a result, our municipal water is consistently meeting provincial standards, and is among the highest quality drinking water in the province.”

More than 18,000 microbiological and chemical quality tests are conducted annually by certified operators and accredited laboratories to ensure Guelph’s water meets the Ontario Drinking Water Quality Standards (O.Reg. 169/03).

“The MOE results reinforce the high quality of Guelph’s drinking water,” says Janet Laird, Director of Environmental Services. “Customers can be confident that the Guelph’s water is safe to drink.”

The Chief Drinking Water Inspector Annual Report provides in-depth information on the quality of water provided by drinking water systems in Ontario and the inspection program for municipal residential drinking water systems and testing laboratories.

The Annual Report is available at the Drinking Water Ontario website at www.ontario.ca/drinkingwater.

* A platinum award for the Your Kitchener Market Menu (direct mail category). A piece that promoted upper level international food vendors and the food they serve.

* A platinum award for the Downtown Kitchener media kit (graphic design media kit category): The Centre Yourself Downtown Kitchener media kit is used by the City to promote its economic development activities to various external target audiences.

* A gold award for the KidSpark 2006 poster (illustration design category). KidSpark is an entertainment and creative learning event held annually in Victoria Park for children and families.

* A gold award for the Who Are You Kitchener? brochure: A piece that summarized the findings of the Who Are You Kitchener? Public consultation process.

* Honourable mention for a Cemeteries ad that targeted baby boomers and encouraged them to attend funeral pre-planning seminars.

The Platinum Award is presented to those entries judged to be among the most outstanding entries in the competition. The Gold Award is presented to those entries judge to exceed the high standards of the industry norm. Platinum award winners receive scores between 90 to 100 points and Gold winners receive 80 to 89 points. Entries scoring from 70-79 receive an Honorable Mention certificate.

"These awards are respected by marketing and communications professionals from around the world," noted Mayor Carl Zehr. "Winning a Hermes award is an honour and it confirms the good work the City of Kitchener is doing to communicate effectively with our citizens and visitors."

Entries - from countries as far away as India, Singapore and Scotland - come from corporate marketing and communication departments, advertising agencies, PR firms, design shops, production companies, web-based innovators and freelancers. Other companies that submitted work include, ReMax International, Mastercard Worldwide, several major American universities, and Home Depot.

City of Toronto Proposes Additional Land Transfer Tax, Top Rate Now Highest in North America

TORONTO - Toronto's Executive Committee of City Council is considering implementing a land transfer tax that would make Toronto another high tax leader.

A land transfer tax is essentially a tax on real estate trades. Combined with Ontario's up-to-2.0 % Land Transfer Tax, the additional City of Toronto Land Transfer Tax of up to 2% for single family residential and 1.5% for commercial, will add up to 4.0 % for houses over $400,000, and 3% for commercial properties, and make this City, once again, the highest taxed jurisdiction in North America. However, this taxing honour will be this time in a second category - Land Transfer Tax. "Toronto is already the highest taxed jurisdiction in North America for commercial property taxes, as far as we are aware," said Michael Brooks, Executive Director of the Real Property Association of Canada (REALpac), which publishes an annual Canadian national property tax survey. The City of Toronto has pledged to reduce commercial property taxes over a 15 year period.

Other jurisdictions in North America have far lower averages for a state or province-level land transfer tax - generally less than 1%. Florida is only 7/10ths of 1%, Chicago 3/4ths of 1%, and Boston less than half of 1%. Across the border, Erie County in New York State is doing the opposite: eliminating their local land transfer tax. Many governments earmark land transfer tax revenue for specific projects.

The highest rates in the U.S. states include Delaware at up to 2% (combined state and local), Florida (combined state and local up to 1.3%), and Washington State at up to 1.28%, but then it drops off rapidly. Even New York City's Land Transfer Tax maxes out at 2.65%.

REALpac believes that a new Land Transfer Tax on City of Toronto properties is ill-advised for the following reasons:

- The Land Transfer Tax will make the City less competitive for business and increase the exodus of businesses to the 905 Area of the Greater Toronto Area.

- It will again work at cross purposes to the need for intensification, and could cause the export of jobs.

- A land transfer tax disincents capital mobility: whereas properties elsewhere will find the best economic owners over time without such high tax friction.

- Real estate transfer taxes are regressive because the tax burden is higher for low income households. The thresholds set by the Province in the Land Transfer Tax Act and mirrored by the City of Toronto for the lower tax rates are now too low - how many $55,000 houses are there in the City of Toronto? The $55,000 and $250,000 brackets were set in 1985; the $400,000 surtax bracket in 1989, and none of them have been altered since, resulting in severe bracket creep as inflation makes these numbers much easier to hit. Indeed, the top level tax bracket isn't much higher than the City of Toronto average house price.

- Real estate Land Transfer Taxes are discriminatory because they are assessed against only one type of asset - real estate - while similar taxes are rarely applied to financial assets such as stocks and bonds. Accordingly, the value of real estate in the City of Toronto is diminished, and people are incented to under invest in their property.

- The additional 2% Land Transfer Tax amounts to a confiscation of value of another 2% of the selling value of real estate for every residential sale transaction in the City of Toronto, a further disincentive to locate in the city.

- The increased closing costs on the transfer of existing residential property is likely to reduce the ability of existing and new home buyers to purchase a home or afford a home if they currently rent. A buyer of a new home or condo in the City of Toronto over $400,000 will now pay approximately 10% in Land Transfer Taxes and GST.

- A real estate Land Transfer Tax is a "pure" tax and not a "user fee" since the City of Toronto plays no part in the transfer tax regime in the Province of Ontario.

Arguably, the Province's land transfer taxes are already too high compared to the North American average and the efficiencies that the Teranet system has brought to land registration operations. REALpac urges the Province to reconsider the delegation of taxing powers which has resulted in this tax.

"New taxes of this magnitude are not a long-term solution for the City, and send a negative message. Most other large cities in North America are able to function off the property tax base, albeit with a different transfer payment regime in the case of some US cities," added Brooks.

REALpac urges the City of Toronto to reconsider the implementation of this tax.

Spending on health rose 6.8% on average each year between 2002 and 2007, while spending on the environment went up 7.8%. Social services spending, in comparison, increased at an annual average rate of only 4.0%.

While health expenditures are the second largest component of spending for all levels of government combined, social services expenditures represent the largest component.

Spending on social services has more than doubled in Canada during the past two decades, but it still represents only about one-third of total consolidated government program expenditures. (Program expenditures are defined as being total expenditures less debt charges.)

In the fiscal year ending March 2007, total social services spending in Canada amounted to $172.4 billion, compared with $79.5 billion in 1989.

In both years, this spending accounted for about 33% of total program expenditures.

Social services cover actions taken by a government to offset or to forestall situations in which the well-being of individuals or families is threatened by circumstances beyond their control.

While the federal government represents the largest share of social services spending in Canada, its relative importance has declined considerably during the past 18 years.

Of the $172.4 billion, federal government spending on social services, including transfer payments to other levels of government, accounted for roughly 49% of expenditures in 2007, compared with 59% in 1989.

In 2007, the provincial, territorial and local governments' share was 33% (34% in 1989) and the Canada and Quebec Pension Plans' (CPP/QPP) was 20% (14% in 1989).

While federal and provincial, territorial and local governments have seen their shares decline, the CPP/QPP's share increased as there are more and more people drawing pension benefits.

Note to readers

The Financial Management System (FMS) provides a standardized presentation of government accounting for the federal, provincial, territorial and local governments in Canada. The individual governments' accounting systems are not directly comparable because the policies and structure of governments differ.

The FMS adjusts data from the Public Accounts of governments and other records to provide detailed data that permit inter-government comparisons as well as national aggregates that are consistent over time. As a result, FMS statistics may not accord with the figures published in government financial statements.

In the FMS, revenues are presented by sources, such as personal income taxes, general sales taxes or transfers from other levels of government. Expenditures are presented by functions, such as health, education, social services, transportation, environment and debt charges. In total, the FMS system includes 17 different functions of expenditure.

Consolidated government refers to the consolidation of the financial data for the federal government, the provincial and territorial governments, local governments (that is, municipal governments and school boards) and the Canada Pension Plan (CPP) and the Quebec Pension Plan (QPP). Consolidation is the aggregation of levels of governments after the elimination of double counting.

General government refers to government entities created and controlled by federal, provincial, territorial and local governments. This covers all ministries, departments and agencies; autonomous organizations, boards, commissions and funds.

Transfer payments to other levels of government can be related to a wide variety of policy areas such as health, education and social services, and can be categorized in two broad areas: general purpose, where transfers can be applied anywhere, and specific purpose, where the recipient government must use these transfer payments in the specified policy area.

Data for the federal government, CPP and QPP are for the fiscal years ending March 31. Data for the provincial and territorial governments are for the fiscal years ending closest to March 31, and data for local governments are for the fiscal years ending closest to December 31 of the previous year.

All the figures in this release are in current dollars, that is, the data have not been adjusted for inflation.

On a per capita basis, spending on social services in Canada rose from $2,951 in 1989 to $5,267 in 2007, a gain of nearly 80%. In comparison, health expenditures rose from $1,384 to $3,265, a gain of 136%.

During the same period, per capita spending on environment increased 116% and education 90%. On the other hand, spending on the labour, employment and immigration function declined 17% while spending on debt charges decreased 7%.

Federal government spending: Old Age Security and Employment Insurance are major components

The federal government is responsible for Old Age Security and Employment Insurance. Total spending for these two programs alone amounted to $44 billion, or 52% of gross federal spending on social services in 2007.

The other 48% was spent on a number of programs, including vocational rehabilitation for disabled persons, veteran's benefits, day care assistance and social services for First Nations, as well as on contributions as an employer to workers' compensation plans and to the CPP/QPP.

In 2007, the federal government spent $12.8 billion on Employment Insurance, representing 6.2% of program expenditures. This compares with $10.6 billion in 1989, or 9.6% of program expenditures.

This decline in the proportion of program expenditures reflects the strong Canadian economy, resulting in the lowest unemployment rate in over three decades.

Old Age Security, the other big component of social services spending at the federal level, amounted to $31.4 billion in 2007, or 15.1% of program expenditures. This is more than double the 1989 level of $15.2 billion, which represented 13.7% of program expenditures.

On a per capita basis, the federal government spent $2,583 on social services in 2007, compared with $1,741 in 1989.

Provincial, territorial and local government spending more than doubles

Between 1989 and 2007, social services spending at the provincial, territorial and local levels of government more than doubled to $56.3 billion. This is the third largest component of spending after health and education.

As a proportion of program expenditures, allocations for social services have fluctuated along with the economic cycle. In 1989, these allocations accounted for 18.0%. They peaked at 19.6% in 1994 following the recession of the early 1990s, then fell to 16.3% in 2007.

Among social services expenditures, spending on social assistance, which consists of transfer payments to help individuals and families maintain a socially acceptable level of earnings, represented 33% of expenditures on social services in 2007.

Between 1989 and 2007, only two provinces, Quebec and British Columbia, showed a proportional increase in their spending on social services relative to total program expenditures.

Among the provinces that have shown a decline in their proportional spending on social services, Prince Edward Island had the largest decrease (-5.0 percentage points), followed by Alberta (-4.2 percentage points).

In terms of per capita spending, Quebec spent the most on social services, $2,821 per person, which was about one-quarter (24.5%) of its program expenditures.

Quebec and the territories were the only public administrations showing per capita spending on social services above the national average of $1,721.

OTTAWA - The Honourable Maxime Bernier, Minister of Industry, announced the results of a licensing initiative to authorize the development of new Canadian satellites that will increase and improve broadcasting and telecommunications services to Canadian entrepreneurs and consumers. The first satellites are expected to provide services as early as 2010.

"Canada needs to increase its satellite capacity to keep pace with the ever-increasing demand for satellite services," said Minister Bernier. "By awarding these new licences, we are helping the expansion of satellite capacity and services that will benefit Canadians for years to come. We're helping to foster an environment that will bring all the benefits of competition, including increased product and service offerings, choice in supplier, competitive prices and export revenues."

Canadian satellite operators Ciel Satellite LP and Telesat Canada have indicated their intention to invest several billion dollars in building and launching new Canadian satellites, which will provide the capacity needed to fully implement high-definition television in Canada and carry important new and advanced telecommunications services such as satellite Internet. These new satellites will also help connect all regions of Canada, especially in the North, where satellites are the vital link to providing public safety, national security and government services. This process represented the largest spectrum licensing initiative ever undertaken in Canada and will lead to Canadian consumers and businesses gaining access to emerging satellite broadcasting and telecommunications services such as high-definition TV, Internet Protocol Television (IPTV), satellite broadband and multimedia consumer applications.

Additional information regarding the results of this Call for Applications is available on the Industry Canada website at strategis.ic.gc.ca/epic/internet/insmt-gst.nsf/en/h_sf08522e.html. A backgrounder is attached to this news release.

Results of the Call for Satellite Applications

Two key tenets of Industry Canada's mandate are to ensure that all Canadians have access to vital communication services and to ensure the growth of the telecommunications industry. Satellites are critical to providing broadcasting and telecommunication services, particularly in the North where they are the key link to the delivery of public safety, national security and government services.

To aid in meeting these requirements, the Minister of Industry launched a satellite licensing initiative with a Call for Satellite Applications in July, 2006. The primary purpose of this initiative was to ensure that sufficient satellite capacity would be available to make sure that Canadian satellite users, such as satellite television and satellite-based broadband service providers, can provide services that meet the communication needs of Canadians. A total of 29 satellite licences were available for assignment in the largest spectrum licensing initiative ever undertaken in Canada.

Industry Canada received applications from two Canadian satellite operators -- Ciel Satellite LP (Ciel) and Telesat Canada (Telesat). Ciel and Telesat have been selected for a total of 12 satellite licences. Ciel has been selected for 7 licences through this process. Ciel, headquartered in Ottawa, is the newest competitor in the provision of satellite capacity in the Canadian market (www.cielsatellite.ca). Telesat has been selected for 5 licences through this process. Telesat, also headquartered in Ottawa, operates satellites providing telecommunications and broadcasting services throughout the Americas (www.telesat.com).

The two satellite operators plan to introduce 10 new satellites as a result of this process. A choice of satellite operators means there will now be competition in the industry. It also means broadcasters will have the ability to deliver additional programming and fully implement high-definition television in Canada. Service providers will also be able to deliver broadband and innovative new services, such as Internet Protocol Television (IPTV) and the "Triple Play (i)" to consumers and businesses.

The process to award satellite licences has been very open, with consultations held in 2005 on the need for additional satellite capacity. In July 2006, Industry Canada published the Call for Satellite Applications, and applications were received in November. Applications were posted on Industry Canada's website and the public was invited to provide comments on the submissions. These public comments were reviewed by satellite operators, who provided their final responses in January, 2007.

Industry Canada will be working with the applicants over the next few months to ensure they comply with all regulatory requirements and conditions of licence for Canadian satellite operators, including Canadian ownership and control requirements. Once the applicants demonstrate compliance, radio licences can be issued authorizing the operation of the satellites.

All remaining unassigned licences, including licences not included in the Call for Satellite Applications 2006, will be available for assignment using essentially the same process identified in the Call. Interested parties should submit an application to Industry Canada using the same information requirements outlined in this Call. Industry Canada will issue a notice in the Canada Gazette indicating that an application was received and provide 30 days for other parties to notify the Department of their interest. An additional 60 days will be available to submit a complete application. The decision to award licences will be based on the same evaluation and selection criteria established in this Call. Additional details on this process will be posted on the Industry Canada website.

Industry Canada expects that some satellites launched as the result of this initiative may be providing services as early as 2010. A list of the licences to be awarded in the 2006 process follows:

Licences

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Licence Frequency Band/Orbital Position Applicant

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2 17 GHz BSS/72.5W Telesat

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5 17 GHz BSS/82W Telesat

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6 17 GHz BSS/86.5W Telesat

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8 Ka FSS/91W Ciel

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9 17 GHz BSS/91W Ciel

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12 17 GHz BSS/103W Ciel

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14 17 GHz BSS/107.3W Ciel

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16 Ka FSS/109.2W Ciel

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17 Extended Ku FSS/111.1W Ciel

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23 Ka FSS/118.7W Telesat

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24 17 GHz BSS/118.7W Telesat

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28 12 GHz BSS/138W Ciel

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Working Committees:
Laurel Creek Citizens’ Steering Committee

Statutory Committees:
Committee of Adjustment
Dangerous Dog Committee
Municipal Heritage Committee
Property Standards and Fence Variance Committees
Sign Variance Committee
Site Plan Review Committee

Louis Zacharilla, Director of Development and co-founder of the Intelligent Community Forum (ICF), will be the key note speaker that morning, and will kick off the session by providing an overview on how communities from across the globe are beginning to transform themselves into intelligent communities.

ICF is a special interest group within the World Teleport Association that focuses on the uses of broadband technology for economic development by communities large and small in both the developed and developing world.

Each year, ICF selects communities from around the world to appear on its list of the Smart 21, then the Top Seven, and the Intelligent Community of the Year. Intelligent communities are recognized based on indicators that include the significant deployment of broadband communications, the extent to which the community enables a knowledge workforce, the promotion of digital democracy, the ability to foster innovation, and effective economic development marketing that leverages the community’s broadband, labor and other assets to attract new employees.

This forum, the first of its kind in Canada, will take place on Wednesday, June 13, 2007 from 9:00 a.m. to 12:30 p.m. in the Ballroom at the Waterloo Inn & Conference Centre, 475 King Street North in Waterloo.

Members of the community are invited to attend the forum to learn about how Canadian communities are transforming themselves into intelligent communities, the role of broadband technologies within these communities, and the initiatives that have placed the following communities in an intelligent leadership category:

Fredericton, New Brunswick
Western Valley, Nova Scotia
Ottawa-Gatineau, Quebec
Toronto, Ontario
Burlington, Ontario
Greater Sudbury, Ontario
Waterloo, Ontario
Calgary, Alberta
Nunavut

Business Leaders are invite you to attend the first ever Canadian Intelligent Communities Forum (CICF) which will be held in Waterloo as the closing session for the 2007 annual Misa Conference on June 13th, 2007.

The forum will bring together in Waterloo, all of the cities/communities in Canada that have been identified by the Intelligent Communities Forum in New York as being in either the Top 21 or Top 7 Intelligent Communities globally.

The communities that have been invited to attend and present are as follows:

Ontario
Burlington
Ottawa – Gatineau
Sudbury
Toronto
Waterloo

Alberta
Calgary

New Brunswick
Fredericton

Nova Scotia
Western Valley

Nunavut

Louis Zacharilla, Director of Development for Intelligent Community Forum in New York will be in attendance at the Tuesday eveing banquet and the Wednesday forum to

provide an update on global initiatives and moderate the day's forum. The website for the Intelligent Community Forum is http://www.intelligentcommunity.org

Wellington-Dufferin-Guelph Public Health reassures residents Guelph has high quality drinking water.

The City of Guelph has now received the results of water tests from taps in 20 homes with lead services, along with those from a number of tests performed on water in the distribution system.

Test results for water in the City’s distribution system showed lead levels that are well below the Ontario Drinking Water Quality Standard of 10 micrograms per litre (ug/L), or parts per billion, (ppb). The majority of these tests showed non-measurable levels, meaning lead, if present, wasn’t detected because it fell below the detection level of 0.5 ppb. These are consistent with historical results. Results from all tests to water in the distribution system show no risk to human health on account of lead.

Among the 20 properties tested, results for 16 showed levels lower than the amount permissible under the Ontario Drinking Water Quality Standard of 10 ug/L. Four showed lead levels higher than the amount permissible under the Standard. The owners of these four properties have been advised of the results, and the other homeowners who allowed their water to be tested have also been contacted with results. The City has been in touch with the Ministry of the Environment and Wellington-Dufferin-Guelph Public Health (WDGPH) with the results.

As a result of the four test results that exceed the provincial standard, the City of Guelph is initiating an enhanced testing program immediately. More homes that may have lead pipes will be tested. Furthermore, the City is re-testing adverse samples for confirmation of the results.

Scott Hutchison of Wellington-Dufferin-Guelph Public Health reassures residents that Guelph has high-quality drinking water, and that they need not worry excessively on account of the four positive test results. “This is not a significant cause for concern. Those at highest risk are pregnant women and children under the age of 6. Furthermore, lead in drinking water constitutes only about 10 per cent of an average person’s total lead intake,” adding that other sources of lead include certain foods and soil.

Residents who live in homes that were built before the mid-1950s are encouraged to check to see whether their water pipes are made of lead. Clear photographs and step-by-step instructions showing how to determine whether a home’s pipes are made from lead will be posted on the City’s Web site in the coming days. Residents who know their home has lead pipes can contact Guelph Waterworks at 519-837-5627 to have their tap water tested.

Janet Laird, the City’s Director of Environmental Services says, “The City has responded quickly to expand its lead-testing program in order to better understand the issue, and to resample in order to confirm results. We’re working closely with the MOE and Public Health throughout the process.”

Guelph groundwater has little or no naturally-occurring lead. Only in homes with lead pipes is there potential for trace amounts of lead to be present in tap water. It is estimated that less than about five per cent of homes in Guelph may have lead services.

Health information related to drinking water and lead will be available on the Wellington-Dufferin-Guelph Public Health Web site as of tomorrow.

OTTAWA - The Canadian Intellectual Property Office (CIPO), a special operating agency of Industry Canada, announced the coming into force of regulatory amendments effective June 2, 2007, ensuring Canada's intellectual property (IP) regime is more user-friendly, cost-effective and responsive to the needs of Canadian universities and businesses.

"This is good news for intellectual property practices in Canada, especially for small businesses," said Secretary of State Gerry Ritz, on behalf of the Honourable Maxime Bernier, Minister of Industry. "Small and medium-sized companies and universities that qualify can save up to $3000 over the life of a patent by applying at the small-entity level. As well, many of the amendments will help reduce their paperwork burden in this area."

The main purpose of the regulatory changes is to clarify the patent regime for small entities - universities and organizations with 50 or fewer employees - while providing a relief mechanism for regular-sized entities that mistakenly pay fees at the small-entity level. The amendments will also improve the IP regime by simplifying procedures and reducing processing times and costs, in keeping with the legislation principles of Smart Regulation and the Paperwork Burden Reduction Initiative.

In November 2006, Canada's New Government released its long-term economic plan, Advantage Canada. The plan emphasizes the Government of Canada's commitment to reduce the administrative and paperwork burden on business by 20 percent. Budget 2007 committed to achieving this target by November 2008.

Regulations that benefit from the amendments include the Patent Rules, the Trade-marks Regulations, the Industrial Design Regulations, the Integrated Circuit Topography Regulations and the Copyright Regulations that came into force on June 2, 2007. Certain regulations dealing with trademark opposition proceedings, as specified in the Trade-marks Regulations, come into force on October 1, 2007.

Summaries of these regulatory changes are included in the attached backgrounder. For more information on the regulatory amendments, visit the Canada Gazette website.


Amendments to Intellectual Property Regulations Improve Canada's Regulatory Framework

In May 2006, the Canadian Intellectual Property Office (CIPO) began a three-week web-based public consultation process to determine the need to action proposed regulatory amendments to the following: Patent Rules, the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations and the Copyright Regulations.

On December 23, 2006, the resulting proposed amendments were pre-published in the Canada Gazette, Part I, Vol. 140, No. 51, which initiated a formal 30-day consultation period.

Amendments to Patent Rules, the Trade-marks Regulations (1996), the Industrial Design Regulations, the Integrated Circuit Topography Regulations and the Copyright Regulations were published in the Canada Gazette, Part II, Vol. 141, No. 10, on May 16, 2007, and came into force on June 2, 2007. Sections 4, 5, 6, 8 and 9 of the Regulations Amending the Trade-marks Regulations (1996) will come into force on October 1, 2007.

The amendments seek to encourage small entities (i.e., entities employing 50 or fewer employees and universities) to use the patent system while providing a relief mechanism for regular entities that mistakenly pay fees at the small entity level. Filing at the small entity level will allow the patent applicant/holder to save up to $3000 over the life of a patent. The amendments also simplify procedures and reduce processing times and costs in keeping with the principles of Smart Regulation and the Paperwork Burden Reduction Initiative.

In November 2006, Canada's New Government released its long-term economic plan, Advantage Canada. The plan emphasized the Government of Canada's commitment to reduce the administrative and paperwork burden on business by 20 percent. Budget 2007 committed to achieving this target by November 2008.

Specifically, the amendments are as follows:

Amendments to the Patent Rules

Small Entity Regime Amendments

- the definition of "small entity" is refined to mean an entity that employs 50 or fewer employees or that is a university, and that is not controlled by or has transferred or licensed its obligation to an entity that employs more than 50 people;

- the small entity status for regularly filed applications is determined on the filing of the application and at national entry for Patent Cooperation Treaty (PCT) applications;

- patent applicants/holders must submit a small entity declaration, in the petition or as a separate document, stating that they believe they are entitled to pay fees at the small entity level;

- if patent applicants/holders wish to pay as a small entity, they must submit the small entity declaration at the time of payment or if they pay their fees before the prescribed due date, they should submit the declaration before that deadline;

- the Commissioner of Patents is authorized to grant patent applicants/holders an extension of time that will permit the correction of fees mistakenly paid at the small entity level;

- fee corrections made pursuant to the relief mechanism would only be permitted if the patent applicant/holder makes a statement that the small entity fee was paid in good faith and the application for an extension is filed without undue delay; and

- patent applicants/holders are required to pay the difference in fees and the prescribed fee for requesting an extension of time.

Harmonization of the Canadian Format for Sequence Listing with the Patent Cooperation Treaty Standard

This amendment brings Canada's sequence listing standard in line with the format required under the PCT. In doing so, a sequence listing submitted at the international level for the PCT would be acceptable in Canada, thereby clarifying that there is no need to file the same information in two different formats.

Type of Evidence Required When the Applicant Is Not the Inventor

Applicants are no longer required to register evidence and pay the associated registration fee, but they must submit a declaration, either in the petition or in a separate form, demonstrating that they are entitled to apply for and be granted a patent. As a result of this modification, approximately 37 000 applicants per year will no longer have to register evidence and pay the associated registration fee, resulting in cost savings for applicants of up to $3.7 million per year.

Refund Policy

The amendment to the refund provisions, Section 4 of the Patent Rules, imposes a three-year time limitation for applicants/patentees requesting a refund. As well, subsection 4(6) has been reworded to clarify that patent applicants/patentees who paid the standard fee but could have paid the small entity fee would not be entitled to a refund for the difference in fees.

Clarification of Certain Practices for PCT National Entries

The Commissioner of Patents will now provide a notice to PCT applicants informing them that certain documents are still required to complete the application. Abandonment will not occur until the applicant has been notified of the deficiency and had the opportunity to respond. Also, sub-paragraph 58(3)(b) of the Patent Rules is amended and reworded to clarify that additional late payment fees are due before the expiry of the 42-month period after the priority date for PCT national entries.

Other Minor Amendments

A series of minor amendments are proposed to improve and facilitate dealings with CIPO and to accommodate technological advances. These minor amendments include allowing new translations to replace faulty ones during PCT national entry; permitting CIPO to request that a PCT national phase application be withdrawn before the same application can be filed again; standardizing the format for electronic forms; retaining only the electronic version of a sequence listing application (as opposed to paper form); not allowing a trademark, coined word or the name of a person in the title of an invention; and providing free certified copies of certain documents to the Federal Court.

It is important to note that some amendments to the Trade-marks Regulations came into force on June 2, 2007, while others will come into force on October 1, 2007.

Amendments to the Trade-marks Regulations That Came Into Force on June 2, 2007

The amendments include facilitated service in opposition proceedings between parties by allowing the use of courier services and other means as agreed by the parties. As well, with certain exceptions, CIPO will no longer charge a fee to clients who amend the trademark register. It is estimated that this change will affect about 17 000 applications annua