Vol. 141, No. 40 — October 6, 2007

Olympic and Paralympic Marks Regulations

Statutory authority

Olympic and Paralympic Marks Act

Sponsoring department

Department of Industry

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

Pursuant to subsection 12(1) of the Olympic and Paralympic Marks Act (the "Act"), the Government has developed regulations to give effect to various time-sensitive sections of the Act. It is proposed that the prescribed period be from the date on which the Regulations come into force until December 31, 2010, the end of the Games year.

Background

The Act provides protection for Olympic and Paralympic marks, protection against false and unauthorized associations between a business, its goods or services, and the Olympic or Paralympic Games, or certain committees associated with those Games ("ambush marketing"), and makes it easier to obtain timely interim or interlocutory injunctions against infringers/ ambush marketers. The Act will help maximize private sector partnership for present and future Games and will deter non-partners from attempting to capitalize on the goodwill of the Olympic Movement.

The Act contains a number of references to time periods to be prescribed by regulation. These regulatory time periods will determine how long certain aspects of the Act are legally applicable, such as the waiver of the "irreparable harm" test (when seeking an interim or interlocutory injunction) and the prohibition against "ambush marketing."

Alternatives

There are no alternatives to the Regulations, as the Act stipulates that the time periods are to be prescribed by regulation.

Benefits and costs

The benefit of prescribing the effective period by way of regulation is that it imparts an "evergreen" quality to the legislation. Once the regulatory period expires, these aspects of the Act will lie dormant in the eventuality that another Canadian city is awarded the Games. Should that happen, the legislation will permit new Games-specific time periods to be set by regulation, thus avoiding the need to burden Parliament with another Games-related bill.

There are no costs associated with this measure.

Consultation

No formal consultations have been undertaken. Interested parties may make their views known during the 30-day comment period after the publication of the Regulations in Part I of the Canada Gazette.

Compliance and enforcement

Many of the prescribed periods provide private rights to the Vancouver Organizing Committee for the 2010 Olympic and Paralympic Winter Games ("VANOC") which are enforceable through the courts. VANOC is generally responsible for enforcement during the prescribed period, after which the special provisions become dormant and all residual power is transferred to the Canadian Olympic Committee and the Canadian Paralympic Committee.

Contact

Susan Bincoletto
Director General
Marketplace Framework Policy Branch
Industry Canada
East Tower, 10th Floor
235 Queen Street
Ottawa, Ontario
K1A 0H5
Telephone: 613-952-0211
Fax: 613-948-6393
Email: bincoletto.susan@ic.gc.ca

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to subsection 12(1) of the Olympic and Paralympic Marks Act (see footnote a), proposes to make the annexed Olympic and Paralympic Marks Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Susan Bincoletto, Director General, Marketplace Framework Policy Branch, Industry Canada, 235 Queen Street, Ottawa, Ontario K1A 0H5 (tel.: 613-952-0211; fax: 613-948-6393; e-mail: bincoletto.susan@ic.gc.ca).

Ottawa, September 27, 2007

MARY PICHETTE
Acting Assistant Clerk of the Privy Council

OLYMPIC AND PARALYMPIC MARKS REGULATIONS

PRESCRIBED PERIOD

1. For the purposes of paragraph 3(4)(a), subsection 4(1), paragraph 5(2)(a), section 6 and paragraph 8(2)(a) of the Olympic and Paralympic Marks Act, the prescribed period begins on the day on which these Regulations come into force and ends on December 31st, 2010.

COMING INTO FORCE

2. These Regulations come into force on the day on which subsection 12(1) of the Olympic and Paralympic Marks Act comes into force.

[40-1-o]

Footnote a

S.C. 2007, c. 25

NOTICE:
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