Canada And Its Trading Partners Assignment Submission

Technical Assistance Handbook

Important Notice

Please see the April 1, 2009 amendments (PDF Format) to the Technical Assistance Handbook.

It is imperative that this Handbook be read in conjunction with these definitions.

Effective February 1, 2005, the provisions of the Technical Assistance Handbook replace all previous versions of "Management of Overseas Personnel: Manual for the Executing Agency".

For any questions concerning the terms of this Handbook, the cooperant, the executing agency or the advisor via the executing agency, must contact the Technical Assistance Unit at Global Affairs Canada. Only Global Affairs Canada's Technical Assistance Unit is authorized to interpret this Handbook where it is unclear or does not cover a particular circumstance.

In cases of alleged misinterpretation or misapplication arising out of this Handbook by the cooperant, advisor or executing agency, the costs incurred shall be the responsibility of the cooperant, advisor or executing agency.

If you have any questions or comments regarding this Handbook, please contact us.

Email: cooperant@international.gc.ca
Fax: 819-953-9186
Mailing address:

Global Affairs Canada
Distribution and Mail Services - AAG
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario
CANADA
K1A 0G2


Chapter 1 - General

1.1 Purpose of the Handbook

The Technical Assistance Handbook, hereafter referred to as the "Handbook", is a guide for the application of the Technical Assistance Regulations (TAR), the authority by which the Foreign Affairs, Trade and Development Canada may retain the services of Canadian cooperants for services in developing countries and countries in transition, and pay them specified expenses and benefits. It is Global Affairs Canadapolicy that expenses and benefits payable to long-term personnel overseas on Global Affairs Canada-funded projects shall not exceed those allowable under the provisions of the TAR. Therefore, Global Affairs Canada has extended the provisions of this Handbook to executing agency advisors.

The provisions of this Handbook are effective February 1, 2005, and replace all previous versions of the Handbook for Cooperants and the publication Management of Overseas Personnel: Manual for the Executing Agency.

1.2 Amendments to the Handbook

Global Affairs Canada may, at any time, amend the provisions of the Handbook as a result of changes in policies and/or procedures. The Handbook, including amendments, are located on the Internet (see Chapter 1.10 for the Internet address).

1.3 Cooperant Contract

This Handbook forms part of the cooperant's contract. In the event of conflict between the provisions of this Handbook and those included in the cooperant's contract, the latter shall prevail.


1.4 Extent of Application

This Handbook applies to persons having a cooperant contract with Global Affairs Canada. This Handbook may apply to an advisor if the executing agency's contract with Global Affairs Canada stipulates the application of the provisions of the Handbook to its personnel assigned overseas. Before applying this Handbook, the executing agency must ensure that their contract with Global Affairs Canada refers to this Handbook or to the publication "Management of Overseas Personnel: Manual for the Executing Agency". The Handbook should always be read in conjunction with the contract, and, in the event of any conflict between the two, the provisions of the contract shall prevail.

A federal public servant, on leave with pay, hired as a cooperant/advisor is governed by the Foreign Service Directives (FSD). Any executing agency hiring a federal government employee on leave with pay must be prepared to administer the benefits in accordance with the FSD. The benefits outlined in this Handbook do not apply to a federal public servant.

The provisions of this Handbook provide for the cooperant's/advisor's legitimate expenses related to the assignment outside Canada, without opening the way for personal gain or for the underwriting of non allowable benefits and expenses. The rationale behind the TAR is to cover costs directly attributable to the assignment outside Canada, and not to cover costs that would have been incurred had the cooperant/advisor remained in Canada. Individuals engaged on long-term assignments outside Canada should receive the same basic benefits as individuals working overseas in the same country but on different Global Affairs Canada projects.

The executing agency may provide some or all of the benefits outlined in this Handbook, but shall not exceed the individual benefits, taken separately. Advisors must verify their contracts with the executing agency to ascertain which of these benefits apply.

1.4.1 Individuals recruited in Canada as cooperants or advisors

Individuals recruited as cooperants/advisors for an assignment outside Canada must be Canadian citizens or permanent residents with a contract address (see definition) in Canada. Individuals on continuous assignment may be recruited as cooperants or advisors.

A permanent resident may lose Canadian residency status if living outside Canada for extended periods of time. The cooperant/advisor should contact Citizenship and Immigration Canada for further information (see Section 1.10 for the Internet address).

These individuals are cooperants/advisors and the benefits package set out in this Handbook applies to these individuals.

1.4.2 Locally-recruited personnel

Although Global Affairs Canada has in the past had strict rules requiring the recruitment of Canadians only, there is an increasing use of local and third-country personnel. It is sometimes both appropriate and cost-effective to recruit personnel already residing in the country where the project takes place.

Locally recruited personnel may be Canadian or non-Canadian. These individuals are not cooperants or advisors and are not entitled to any of the benefits in this Handbook. They should be engaged according to local salary scales and regulations.

1.4.3 Individuals recruited in a third country

It may happen that a person who is a resident neither of Canada nor of the country of assignment is the most suitable candidate for a position. This individual is not a cooperant or an advisor. The remuneration and benefits should be negotiated on an individual basis by comparing the conditions in the person's usual country of residence (e.g. availability of free health care, public education, cost of living) to those in the country of assignment.

Benefits offered to individuals recruited in a third-country shall not exceed the individual benefits, taken separately, outlined in this Handbook.

1.5 Interpretation

For any questions concerning the terms of this Handbook, the cooperant, the executing agency or the advisor via the executing agency must contact the Technical Assistance Unit at Global Affairs Canada (see Chapter 1.10 for the Technical Assistance Unit coordinates). Only Global Affairs Canada's Technical Assistance Unit is authorized to interpret this Handbook where it is unclear or does not cover a particular circumstance.

In cases of alleged misinterpretation or misapplication arising out of this Handbook by the cooperant, advisor or executing agency, the costs incurred shall be the responsibility of the cooperant, advisor or executing agency.

1.6 Cooperant/Advisor Couple

All cases where the spouse/common-law partner works as a cooperant/advisor are treated on an individual basis at the time of contract negotiation. The following guidelines must be applied where both spouses/common-law partners are governed by the TAR, or where one is governed by the TAR and the other by the Foreign Service Directives (FSD) or where one is governed by the TAR and the other by any similar regulation, government or non-government.

  1. The same benefits cannot be granted twice (no overlap).
  2. Benefits for dependants, including the spouse/common-law partner, may be claimed by only one spouse/common-law partner. Before the contract is signed, a declaration must be completed to clearly identify all dependants who will be receiving benefits under the contract. This declaration must form part of the contract.
  3. Where both spouses/common-law partners are governed by this Handbook, the one who declares the dependants is entitled to the benefits under this Handbook for the family, except that the spouse/common-law partner is not considered a dependant in calculating the overseas allowances. The other spouse/common-law partner receives only the basic fee, pension plan contribution, if applicable, and overseas allowances at the unaccompanied rate.
  4. Where one spouse/common-law partner is governed by this Handbook and the other by the FSD, the person governed by the FSD must declare all the dependants including the spouse/common-law partner and is entitled to the benefits under the FSD for the family. The person governed by the FSD shall pay a shelter cost based on the total number of dependants in the household. The other spouse/common-law partner is not considered a dependant in calculating the overseas allowances. The person governed by this Handbook receives only the basic fee, pension plan contribution, if applicable, and the overseas allowances at the unaccompanied rate.

1.7 Conduct in the Country of Assignment

1.7.1 Canada's image overseas

The cooperant/advisor contributes to determining the image Canada projects abroad. They are expected, as well as their accompanying dependants, to conduct themselves in a way that creates a favourable image of Canada. Official Government of Canada representational activities are the responsibility of the Embassy or High Commission staff who are covered under different regulations, enabling them to carry out official representation.

1.7.2 Local laws and customs

  1. The cooperant/advisor and accompanying dependants must comply with the laws and regulations of the country of assignment, particularly the employment regulations and highway code. They should not expect, by virtue of their status or nationality, different treatment from the local authorities than is given to citizens of the country of assignment. Cooperants and advisors are not diplomats therefore they are not covered by diplomatic immunity.
  2. Generally, the cooperant/advisor will observe the hours and days of work established by the Canadian local authorities. However, in certain country of assignments, the Global Affairs Canada Field Representative may advise that a combined schedule of local and Canadian statutory holidays be followed.

1.7.3 Professional discretion

The cooperant/advisor agrees not to disclose any confidential or classified information acquired during the assignment, except with the prior written approval of Global Affairs Canada.

1.8 New or Extended Assignments

A cooperant/advisor whose assignment is extended, or who takes on a new assignment in the same city of assignment, immediately following the previous assignment without a break in service, is considered to be on a period of "continuous assignment" (see definitions). In such cases, no extra shipping entitlements are granted and relocation travel to Canada does not apply.

A cooperant/advisor who is cross posted to another city of assignment, without a break in service, is considered to be on a period of continuous assignment; therefore, relocation provisions apply.

For a continuous assignment, the cooperant/advisor retains credit for the total length of time for the purposes of calculating Vacation Travel Assistance (see Section 5.4).

1.9 Break in Service During the Period of Contract

If for any reason there is a break in service during the period of the contract, such as a period of leave without remuneration, parental/maternity leave, etc., the definition of "continuous assignment" will no longer apply. During this break in service, no fees or benefits or any other provision of this Handbook, including housing and related costs, shall be applicable, payable or accumulated under the contract or this Handbook.

Frequency of entitlements to benefits such as Vacation Travel Assistance and Family Reunion Travel shall be applied as if the date of return from the break in service is a new assignment. (example for Vacation Travel Assistance: The cooperant/advisor must have 24 months continuous assignment after return from the break in service to be entitled to one VTA).

1.10 Reference Addresses

Global Affairs Canada

Schedules to the Technical Assistance Handbook

Global Affairs Canada's policy on annual fee and salary increases

Vendor Electronic Payment Registration Request

Treasury Board

Security forms: "Personnel Screening, Consent and Authorization"

Security Clearance

Meal and incidental rates in Canada and abroad, please refer to Treasury Board Travel Directive

Canada and the USA rates

In-Canada kilometre rates for business use of personal vehicles. Treasury Board Travel Directive

International kilometre rates for business use of personal vehicles. Foreign Affairs Canada Kilometre Rates at Locations Abroad

Other

Public Works and Government Services Canada web site for some approved hotel rates internationally and in North America

The Centre for Intercultural Learning

  • E-mail:culture@international.gc.ca
  • Telephone: 1-819-997-1197
  • Toll free (in Canada): 1-800-852-9211
  • Fax: 1-819-997-5409
  • Toll free fax (in Canada) 1-877-723-1604
  • Mailing Address: 115 Bisson Street, Gatineau Québec, J8Y 5M2

Citizenship and Immigration Canada

Canada Revenue Agency (tax)

Knights of Columbus' Catholic Information Service provides online catechism courses free of charge. For information: look for Catholic Information Services (CIS).

Bank of Canada

U.S. Department of State, Office of Overseas Schools


Chapter 2 - Assignment Prerequisites

2.1 Medical Requirement and Related Information

This chapter describes the requirements which must be met before a contract shall be signed. It also describes various tasks that the cooperant/advisor must carry out, after signing the contract, in preparation for, and during, the overseas assignment. A contract shall not be signed unless the potential cooperant/advisor meets the following four requirements described in Sections 2.1.1(a), 2.2, 2.3 and 2.4 below:

  • successful medical examination, for the cooperant/advisor and all accompanying dependants (see Chapter 2.1.1a));
  • accident and sickness insurance coverage that meets Global Affairs Canada's minimum mandatory requirements, for the cooperant/advisor and all accompanying dependants (see Chapter 2.2);
  • security clearance by Global Affairs Canada's Security Services for the cooperant (and for the advisor if Global Affairs Canada deems it necessary (see Chapter 2.3).
  • If applicable, visa requirements of the country of assignment for the cooperant/advisor and all accompanying dependants (see Chapter 2.4).

2.1 Medical Requirements and Related Information

2.1.1 Before signing a contract

This section applies to all contracts including continuous assignments (see definition). For contract extensions please refer to Section 2.1.2.

  1. Medical examination
    As overseas work can be strenuous, with higher health risks, and the human and project costs associated with repatriation for medical reasons can be high, the Administrative Officer must ensure that the potential cooperant/advisor and accompanying dependants undergo successful medical examinations prior to signing the contract to ensure they are physically and mentally fit for the overseas assignment. The potential cooperant and each accompanying dependant must have the medical form shown in Appendix 2 completed and signed by a physician. Executing agencies may also use the form in Appendix 2, or use their own form.
    In the event that the potential cooperant, advisor or any of their accompanying dependants do not receive medical clearance, A CONTRACT SHALL NOT BE SIGNED
  2. Vaccination
    It is the cooperant's/advisor's responsibility to obtain information and advice on the required vaccinations for the country of assignment. All cooperants/advisors and their accompanying dependants must obtain these vaccines prior to departure for the country of assignment. The cost of vaccines that are required prior to departure can be included in the claim for medical expenses (see Section 2.1.1 d) and submitted to the Administrative Officer.
  3. Confidentiality
    Note that personal medical information is protected; its disclosure is subject to the provisions of the Privacy Act.
  4. Procedures concerning reimbursement of medical expenses:
    Upon presentation of receipts, the Administrative Officer will reimburse the potential cooperant/advisor for any actual and reasonable expenses incurred for the mandatory pre-assignment medical examinations, vaccinations required for the country of assignment, travel expenses and local transportation to and from the medical facility nearest to the contract address, or nearest to the city of assignment in the case of a continuous assignment. Expenses claimed shall not exceed the provisions of the Treasury Board Travel Directive (see definition).
    For certain countries, preventative medical precautions such as vaccination against Hepatitis B or prophylactics for malaria are necessary. When prescribed preventative medication is attributable to the assignment and must be taken prior to departure for the country of assignment, the cost of the medication that must be taken up to the date of arrival in the city of assignment will be reimbursed by the Administrative Officer.

2.1.2 During assignment

  1. Annual medical examination
    The cooperant/advisor must contact their medical insurance broker for approval of the cost of an annual medical examination. The broker will decide if the examination should take place in the city of assignment or elsewhere. If the broker is not contacted beforehand, expenses related to an annual medical examination may not be reimbursed by the broker.
  2. Medical examination for contract extension
    If towards the end of an assignment, a contract extension is being considered for the same country of assignment, the cooperant/advisor and accompanying dependants may be required to undergo a medical examination similar to that undergone at the beginning of the assignment. Normally, an annual medical examination, if undertaken within six (6) months prior to the extension date is acceptable.
    The cooperant/advisor must contact the medical insurance broker who will determine if and where the medical examination should take place. If the broker is not contacted beforehand, expenses related to the medical examination may not be reimbursed.
    Where a new contract will be signed in situations such as continuous assignment, successful medical examinations are required before the contract can be signed (see section 2.1.1).

    In exceptional circumstances, where the medical examination is not covered by the medical insurance broker, the cooperant/advisor may submit to the Administrative Officer a claim for reimbursement supported by receipts and proof of denial by the broker.
  3. Preventative medication
    Once in the field, the expense for prescribed preventive medication, attributable to the city of assignment, will be reimbursed by the accident and sickness insurance provider. Expensive preventive medication such as malarone shall be reimbursed by the insurance broker when such medication is deemed medically necessary by the cooperant's/advisor's physician.

    No travel costs to obtain these preventative medications in the city of assignment will be reimbursed by the Administrative Officer.

2.1.3 End of contract medical examinations

It is recommended that persons returning to Canada from an overseas assignment have a medical examination including tuberculosis testing.
For medical examinations on return, the Administrative Officer will reimburse previously approved expenses as described above in section 2.1.1d) except that the medical facility must be in Canada, nearest to the contract address. Expenses must be incurred within sixty (60) days of termination of the cooperant's/advisor's contract.

2.2 Accident and Sickness Insurance

The cooperant/advisor or the executing agency are responsible for buying insurance from an insurance broker of their choice. The cooperant/advisor may claim reimbursement of fifty percent (50%) of the cost of the mandatory minimum accident and sickness insurance coverage described in Section 2.2.1, plus one hundred percent (100%) of surcharges for exceptional conditions affecting the cooperant's/advisor's and accompanying dependant(s) health and security in the city of assignment.

The cooperant/advisor shall not enter into any legally binding obligation with any insurance broker prior to contract signature. However, prior to contract signature, arrangements must be made by the cooperant/advisor to have the insurance provider forward to the Administrative Officer, a written confirmation of insurability. The confirmation shall indicate that the cooperant/advisor and all accompanying dependants meet Global Affairs Canada's minimum mandatory accident and sickness insurance requirements as specified in section 2.2.1 and the period of the coverage.

Please note that most insurance companies will require a successful medical examination prior to providing coverage.
The cooperant/advisor must provide the Administrative Officer with confirmation of continued insurance coverage and arrange for this coverage to take effect on the day of departure from Canada with extensions to the end date of the contract. Premiums must be paid prior to departure from Canada

The cooperant/advisor must submit claims directly to the insurer. Settlement of such claims by the cooperant/advisor will not be made through Global Affairs Canada. The cooperant/advisor shall contact the insurer directly for additional information.
Global Affairs Canada will not assume liability for death, disease, illness, injury or disability suffered by a cooperant/advisor or their dependants as a result of, or attributable to, service abroad, or resulting from conditions encountered during the period of the cooperant's/advisor's assignment, even if Global Affairs Canada provided assistance in organizing the medical evacuation.

2.2.1 Mandatory minimum accident and sickness insurance

The cooperant/advisor and accompanying dependants must obtain the following coverage a) and b) during the assignment:

  1. Medical expense benefits of one million Canadian dollars (C$1,000,000) coverage for each person, which includes:
    1. Accident and sickness,
    2. Annual medical examination,
    3. Prescribed preventative medication for conditions or diseases prevalent in the area of the cooperant's/advisor's city of assignment,
    4. Medical evacuation: to cover costs related to a medical evacuation when the required medical care is not available locally and the evacuation is recommended by a physician; the evacuation package must include actual and reasonable transportation costs for the return to the city of assignment following an evacuation, and anyone else authorized to accompany the person evacuated, if the need arises,
    5. Maximum daily allowance for hospital room and board (ward accommodation): reasonable and customary fees in the country of assignment or at the location where the person is evacuated.
  2. Extension of medical expense benefits coverage on final return to Canada for the applicable waiting period for re-enrollment in the provincial health care plan.
    PLUS the following coverage c) and d) is required for the cooperant/advisor only:
  3. Long term disability income benefit: in case of long term disability acquired during the assignment until the claimant reaches age 65;
    • if basic annual fee is eighty thousand Canadian dollars (C$80,000) or above: sixty percent (60%) of eighty thousand Canadian dollars (C$80,000) (i.e. maximum of four thousand Canadian dollars (C$4,000) per month).
    • if basic annual fee is below eighty thousand Canadian dollars (C$80,000): sixty percent (60%) of basic annual fee (i.e. maximum of three thousand Canadian dollars (C$3,000) per month based on an annual fee of sixty thousand Canadian dollars (C$60,000)).
    Coverage must commence within 30 days following the start of the long term disability.
  4. Accidental death or dismemberment during the assignment, fifty thousand Canadian dollars (C$50,000) coverage.

2.2.2 Medical insurance for non-accompanying dependants travelling to the city of assignment

Non-accompanying dependants require the same coverage against illness, injury and medical evacuation when they travel to the city of assignment. Coverage must start no later than the day of departure from Canada and end no sooner than the day of return.

The cooperant/advisor is responsible for the costs of coverage for non-accompanying dependants and for informing the insurance company ahead of time of short-term coverage requirements.

2.2.3 Procedure for reimbursement of accident and sickness insurance premiums

The cooperant/advisor may receive reimbursement of fifty percent (50%) of the cost of the mandatory minimum basic accident and sickness insurance coverage described in Section 2.2.1, plus one hundred percent (100%) of surcharges for exceptional conditions affecting the cooperant's/advisor's and accompanying dependant(s) health and security in the city of assignment. The cooperant/advisor must have a signed contract and submit a claim to the Administrative Officer with the original paid invoice from the broker, detailing the coverage of Global Affairs Canada's minimum insurance as described in Section 2.2.1.

Any advance made to the cooperant/advisor in accordance with article 2.9.2 shall be justified within 15 days after the expense has been incurred. No further advance will be made until the outstanding advance has been justified.

Costs for additional insurance coverage in excess of Global Affairs Canada's required minimum insurance coverage are the responsibility of the cooperant/advisor and are not to appear on the invoice submitted for reimbursement.

2.3 Security Clearance

Note: This section is for potential cooperants only. However, in certain cases, if Global Affairs Canada deems it necessary, advisors may also need a security clearance from Global Affairs Canada Security Services. If a potential advisor requires a security clearance, the executing agency can complete the forms (see Chapter 1.10 for the Internet address) and return them to the Global Affairs Canada Project Officer in charge of their project, or directly to Global Affairs Canada's Security Services.
Based on the sensitivity of the information and assets that the potential cooperant will have access to, the Project Manager is responsible, with assistance from Global Affairs Canada's Security Services, for determining the type of personnel screening required: Reliability or Security Clearance.

Reliability is the type of screening required when the duties or tasks of a position necessitate access to information and assets designated "Protected", regardless of the duration of an assignment. An individual granted reliability status may access, on a need-to-know basis, information and assets designated "Protected".

A security clearance is the type of screening required when duties or tasks of a position necessitate access to classified information and assets (Confidential / Secret / Top Secret). An individual granted a security clearance may access, on a need-to-know basis, classified information and assets up to and including the level of security clearance granted.

Procedure
The Project Manager uses the "Personnel Screening, Consent and Authorization" form to identify the level of clearance required for the position, by completing Part A, "Administrative Information" (see Chapter 1.10 for the Internet address).
If the Project Manager determines that a security clearance is required, the "Security Clearance" form must be completed, in addition to the "Personnel Screening, Consent and Authorization" form (see Chapter 1.10 for the Internet address).
The Project Manager ensures that the candidate completes his/her portion of the form and returns the completed, original form(s) to Global Affairs Canada's Security Services (see Chapter 1.10 for the Internet address).

2.4 VISA Requirements of the Country of Assignment

Where the country of assignment requires specific medical (e.g. HIV/AIDS) or other types of clearance prior to granting an entry visa, the Project Manager shall not enter into a contract with the cooperant/advisor until the conditions have been met.

  1. Prior to assignment:
    If visas are required for the country of assignment, the cooperant/advisor is responsible for obtaining the application forms from the respective embassy or consulate. In some cases, the executing agency may take the necessary steps for the advisor.
    The processing time required for a visa is usually from 3 to 4 working days in addition to mailing time, but for certain countries it can be up to 5 weeks. If mailing, these documents must always be sent by registered mail.
  2. During assignment:
    If travel outside the country of assignment is required in the performance of duties, the cooperant/advisor is expected to obtain any necessary visas.
  3. Charges for visas:
    If there is a charge for obtaining a visa, which is related to the assignment including family reunion travel, education travel and compassionate travel, the Administrative Officer may reimburse the cost of the visas, including the cost of photographs and mailing by registered mail. The cooperant/advisor is responsible for any related travel costs.
    The costs for visas related to personal travel shall not be reimbursed.

2.5 Declaration of Dependants

At the time of signing the contract and before leaving Canada, the Administrative Officer must have the cooperant/advisor sign a "Declaration of Dependants" (see Appendix 3), indicating:

  • the names, relationship and dates of birth of all dependants (accompanying or not), including those of the spouse/common-law partner;
  • the name, relationship and dates of birth of any other person who may be eligible for benefits under the provisions of this Handbook (e.g. a non-dependent child or a child from a previous relationship who may take family reunion travel).

Furthermore, the cooperant/advisor must submit the following documents to the Administrative Officer:

  • declaration of a spouse: Copy of the marriage certificate.
  • declaration of a common-law partner: Appendix 1: Declaration including two pieces of acceptable proof that the common-law partner resided with the cooperant/advisor for at least one year prior to the date of contract start date. Examples of proof of cohabitation would be a bank statement or utility bill addressed to the common-law partner at the same address as the cooperant/advisor during the past year. Where the period of one year is interrupted, as described in Appendix 1 and the Administrative Officer accepts the status of common-law partner, the Administrative Officer will determine what acceptable proof is required and so inform the cooperant/advisor.
  • declaration of a child or student dependant: Copy of the birth certificate or legal adoption papers.
  • declaration of a non-dependant child of the cooperant/advisor or of their spouse/common-law partner, who does not normally reside with them but are financially responsible for visiting privileges with the child under the terms of a custody agreement: Certified copy of the custody or divorce agreement, showing that the cooperant/advisor or spouse/common-law partner is responsible for all travel costs associated with the visitation terms as set out in the legal document.

2.6 Passports

  1. Before assignment:
    The cooperant/advisor and their accompanying dependants must obtain valid passports before leaving for the country of assignment.
    A valid passport will also be obtained for any dependant who, though not intending to reside in the city of assignment, is likely to travel during the assignment.
  2. During assignment:
    A valid passport will always be maintained. If a passport expires while the holder is overseas, application for a new passport will be made through the Canadian Embassy or High Commission responsible for the city of assignment.
    On the birth of a child overseas, application for registration of the child and a new passport will be made through the Canadian Embassy or High Commission responsible for the city of assignment.
  3. Other cases:
    If the cooperant's/advisor's spouse/common-law partner or dependant is not a Canadian citizen, a valid passport will need to be obtained by the cooperant/advisor from the particular country of citizenship.
  4. Charges for passports:
    All costs associated with obtaining passports are the responsibility of the cooperant/advisor and are not reimbursable.

2.7 Banking and Currency

2.7.1 Personal banking arrangements

Before leaving Canada, the cooperant must complete and submit the "Vendor Electronic Payment Registration Request" located at Global Affairs Canada's web site (see Chapter 1.10 for the Internet address). This will allow Global Affairs Canada to directly deposit fees and other payments into a designated Canadian bank account. The advisor should consult with the executing agency for instructions.

The cooperant/advisor is responsible for making arrangements to transfer funds to the city of assignment. Any transfer charges or commissions for conversion to other currencies are not reimbursable. Established financial institutions are to be used to avoid difficulties in transferring funds.

2.7.2 Currency regulations

All currency regulations of the country of assignment must be observed. The Administrative Officer reserves the right to ask the cooperant/advisor to provide official exchange receipts confirming exchange rates obtained. Violations of such regulations will be considered misconduct subject to applicable cooperant/advisor contract penalties.
Because many countries place restrictions on currency export, it is strongly recommended, at the commencement of the assignment, that the cooperant/advisor obtain all information concerning currency regulations.

2.7.3 Rate of exchange and expense claims

Any claims presented to Global Affairs Canada or to the executing agency in foreign currency will be converted to Canadian dollars at the official rate of exchange applicable on the actual date the transaction is paid (i.e. hotel invoice) or the rate indicated on currency exchange receipts for the transaction, if that rate exceeds the official Bank of Canada rate (see Chapter 1.10 for the Internet address). For other expenses incurred (i.e. meals, taxis etc.) during an extended period, the monthly Bank of Canada rate will apply. If no receipts are available, the Bank of Canada rate will apply. All claims must be submitted in the currency in which the expenses were incurred.
For the cooperant: all advances issued must be justified to the Global Affairs Canada office where the advance was issued.

2.7.4 Currency conversion at the end of the assignment

The cooperant/advisor is responsible for the conversion of any local funds remaining at the end of the assignment and any related bank charges related to such conversion.
For the cooperant only: Provided such transactions are legal in the country of assignment, the Canadian Embassy or High Commission may authorize the transfer of up to ten thousand Canadian dollars (C$10,000) resulting exclusively from the sale of a private motor vehicle. This service is at the discretion of the Embassy or the High Commission.

2.8 Intercultural Effectiveness Training

2.8.1 Centre for Intercultural Learning

The Centre for Intercultural Learning (CIL) has over 30 years of experience in developing and delivering intercultural effectiveness training to Global Affairs Canada and its partners. The Centre's competency-based courses are anchored by the Profile of the Interculturally Effective Person (IEP). The IEP is a comprehensive and behaviour-based profile of the skills, knowledge, attitudes and other characteristics that are required or desirable for living and working effectively in another culture.
Global Affairs Canada recognizes that intercultural barriers are among the significant challenges to achieving sustainable development. The intercultural services available are:

  1. Intercultural effectiveness programs for Canadians assigned abroad: pre-departure courses and debriefings for technical assistance personnel and youth;
  2. Intercultural effectiveness programs for professionals, students and trainees coming to Canada: On-arrival orientations, mid-term reviews and pre-returns;
  3. Personnel Assessment Services;
  4. Learning materials such as country specific documentation, cultural information, publications and videos; and
  5. Intercultural advice and consultation in support of effective development.

Global Affairs Canada has mandated the CIL to work in partnership with Global Affairs Canada, its executing agencies and development partners to determine their intercultural needs and identify the appropriate solutions.

Global Affairs Canada stipulates in its contractual agreements with executing agencies and partners that certain services, such as pre-departure programs are required.

For additional information, contact the CIL directly (see Chapter 1.10 for contact information).

2.8.2 Training for Canadians assigned abroad (pre-departure and debriefing programs)

For participants in the Centre's pre-departure and debriefing programs, all training, transportation and accommodation expenses (in accordance with Treasury Board Travel Directive), are paid by Global Affairs Canada through its agreement with the CIL.
When presenting its plan of activities in a project proposal, the executing agency must budget time and money for advisors to attend pre-departure training. Global Affairs Canada will only reimburse executing agencies for the advisor's fee if it is specifically indicated in the contract or agreement between Global Affairs Canada and the executing agency. Cooperant/advisor contracts or agreements must include the dates of pre-departure or debriefing programs if the cooperant/advisor is to be paid fees during this period.

Pre-departure training - Required
As part of the contractual agreements between Global Affairs Canada, cooperants and executing agencies, all cooperants/advisors, their accompanying dependants and the executing agencies' sub contractors are required to attend a pre-departure training program.
Pre-departure training programs are designed to explore mission goals and priorities and provide comprehensive and detailed information on the personal and professional preparation necessary for success overseas. They provide training in intercultural effectiveness and an exploration of the receiving country's context.
To register the cooperant/advisor, the Administrative Officer must contact the CIL directly (see Chapter 1.10 for details).

End of assignment debriefing
The Project Manager may require the cooperant/advisor to participate in a debriefing session designed to facilitate personal and professional reintegration and to capture lessons learned. If the case arises, the Administrative Officer will contact the CIL.
The debriefing session is an opportunity for returning professionals to reflect on intercultural effectiveness, development and training. It is designed to explore a participant's experience abroad. Lessons derived from this exploration provide insight into, and enhance on-going and future overseas initiatives
To register the cooperant/advisor or the sub contractor, the Administrative Officer must contact the CIL directly (see Chapter 1.10 for details).

2.8.3 Personnel assessment services

The Centre's unique Intercultural Living and Working Inventory (ILWI) helps take the guesswork out of international recruitment. The ILWI is a research-based assessment inventory that provides your organization with a profile of your candidate's potential for adjustment and professional effectiveness on an international assignment.
For more information on the ILWI, please contact the CIL directly (see Chapter 1.10 for details).

2.8.4 In-country intercultural training

In-country intercultural effectiveness programs are available on an ad hoc basis. They are highly specific, and developed on-demand to provide in-country intercultural support to project teams and programs. The nature and scope of these services is such that availability of resources must be discussed and agreed upon between Global Affairs Canada, the executing agency and the CIL before proceeding.
These programs are typically characterized by a high degree of integration with the overseas stage(s) of a project management cycle such as project inception, mid-project review or a work plan revision. The more common features of the in-country performance support programs have been: stakeholder exchange partnership review, intercultural capacity building and intercultural training in project-specific methodologies such as Result Based Management and Participatory Rural Appraisal.

2.9 Advances

2.9.1 Fee advance

Cooperant: Once the contract is signed, the Administrative Officer may provide the cooperant with a fee advance of up to six thousand Canadian dollars (C$6,000).
This advance will be recovered from subsequent contract fees in three (3) equal amounts, deducted on the last day of the second, third and fourth month of the cooperant's assignment.
Advisor: If the executing agency provides the advisor with an advance, it shall not exceed six thousand Canadian dollars (C$6,000) and the reimbursement plan may vary.

2.9.2 Accountable advance

Once the contract is signed and after submitting a written request to the Administrative Officer, the cooperant/advisor may receive an accountable advance to cover the following expenses.

  • fifty percent (50%) of Global Affairs Canada's mandatory minimum accident and sickness insurance coverage and one hundred percent (100%) of surcharges (see section 2.2);
  • actual, reasonable and admissible relocation costs not covered by the Relocation Travel Allowance (see Chapter 4.2);

The cooperant/advisor must account for any such advance within 15 days after the expenses are incurred. No further advance will be made until the outstanding advance has been justified.

2.10 Income Tax

2.10.1 Tax liability

Fees
The cooperant's/advisor's fee is subject to Canadian income tax as the Global Affairs Canada project is government funded.
Before departure from Canada, the cooperant/advisor should contact Canada Revenue Agency (CRA) (see Chapter 1.10 for the Internet address) to determine their residency status and obtain all necessary information.

Benefits
CRA issued an opinion that reimbursement of most actual expenses are considered taxable while the issuance of non-accountable allowances is not.
Please see the introductory remarks in Chapter 12 for further explanation of the required changes to administrative procedures and for the mandatory forms and reporting that must be completed when a non-accountable allowance is issued.

2.10.2 Tax return

The cooperant/advisor is required to complete and submit an annual return to CRA.
Global Affairs Canada does not make deductions at source and issues cooperants with a T1204 form (Government Service Contract Payments form). Global Affairs Canada cooperants will be contacted annually in December or January, by e-mail, for instructions on where the cooperant prefers to have their T1204 mailed.
For advisors, the executing agency will supply T4 or T4A forms for each calendar year.
Neither the cooperant nor the advisor is engaged as a Global Affairs Canada employee. Global Affairs Canada is not responsible for any payments and/or deductions required to be made on behalf of the cooperant to any governmental plans including the Canada or Quebec Pension Plans, and Global Affairs Canada will not pay or reimburse any portion of such expenses. The advisor must address all questions regarding this subject to the executing agency as provisions may differ depending on the advisor's status with the executing agency (example: if the advisor is an employee or a contractor.)

2.11 Global Affairs Canada Contribution to a Pension Plan

2.11.1 For the cooperant

Global Affairs Canada is not responsible for any payments and/or deductions required to be made on behalf of the cooperant to any governmental plans including the Canada or Quebec Pension Plans, and Global Affairs Canada will not pay or reimburse any portion of such expenses.
Where no employer contribution has been made to a registered pension or retirement plan, the cooperant may be reimbursed a taxable amount equal to fifty percent (50%) of the individual's contribution to one or more registered pension funds under the following conditions:

  • The amount to be reimbursed does not exceed seven percent (7%) of the basic fee paid under the contract for any given calendar year.
  • Official receipts acceptable for income tax purposes or an official letter from a bank/financial institution confirming the purchase of the contribution are required.
  • The amount reimbursed is taxable.
  • Any claim for reimbursement must be submitted to the Administrative Officer at the latest within 60 days of the end of the contract or agreement.
  • The plan must be in the cooperant's name. Spousal RRSP's are not eligible for reimbursement.
  • The cooperant will bill Global Affairs Canada only once a year, at the end of the calendar year, for contributions related to that calendar year and/or any eligible amounts not contributed in previous years.

2.11.2 For the advisor

When the executing agency provides contributions to a pension plan on behalf of the advisor, these are peremptorily deemed to be covered under the mark-up for "fringe benefits" or in the all-inclusive fixed daily/monthly rate in the agreement or contract between the executing agency and Global Affairs Canada.

2.12 Motor Vehicle Insurance

The cost of such insurance is the responsibility of the cooperant/advisor.

2.13 Household Effects Insurance

The risk of loss or damage to household effects is high, especially during international shipments. It is wise to avoid bringing very valuable objects and to ensure to full replacement value all household effects whether they are in transit, in Canada or in the country of assignment. The cooperant/advisor bears the cost of insurance and should investigate the appropriateness and availability of "all-risk" insurance.

The importance of having a detailed and complete inventory of household effects cannot be overemphasized


Chapter 3 - Relocation - Shipping and Storage

Subject to the limitations set out in this chapter, at the beginning and end of the assignment, the Administrative Officer will pay relocation expenses billed by commercial moving companies in Canada and abroad for packing, transport, shipping, en route storage, in-Canada long term storage, delivery and unpacking of the cooperant's/advisor's/accompanying dependant's household effects. The cooperant/advisor is responsible for any related custom duties and insurance charges.
If the departure address from Canada or return address to Canada differs from the contract address, the Administrative Officer will only reimburse the actual and reasonable relocation expenses up to the cost which would have been incurred for the relocation of household effects to or from the contract address. If the cooperant/advisor does not relocate at the beginning or end of the contract as the cooperant/advisor is either residing in the city of assignment or has decided to remain in the city of assignment, the provisions of this chapter shall not apply unless, as described in article 3.2.6, the relocation takes place within six (6) months after the end of the contract.
The cooperant/advisor shall not enter into any financially binding obligation with any moving company prior to contract signature.

3.1 Customs Regulations

There are usually special rules regarding duty-free importation of household effects to the country of assignment. The Project Manager will provide all necessary information regarding this matter. The cooperant/advisor is responsible for customs clearance in the country of assignment, but may seek advice from the Project Manager.
Cooperants or advisors who need to bring technical equipment to the country of assignment should enquire about the requirements for customs clearance and importation and ensure that any necessary paperwork is completed well in advance. Documents in the language of the country may be required.
On return to Canada, the cooperant/advisor is responsible for clearance through Canadian customs of all household effects and for any related duties and charges.

3.2 Shipment of Household Effects

For shipping of household effects as well as long-term storage in Canada, the cooperant/advisor or the executing agency must compare different commercial moving companies and select the one with the best value.
The Administrative Officer reserves the right to review quotes received from the companies.

Procedures for approval and payment

  • Once the contract has been signed, the cooperant/advisor must submit to the Administrative Officer two (2) detailed estimates of the cost of shipping the cooperant's/advisor's household effects to the city of assignment. The estimates must include the net weight in kilograms.
  • The estimates are subject to the prior verification and approval of the Administrative Officer. The Administrative Officer will inform the moving company chosen if amendments are required to the estimate. The Administrative Officer will provide the moving company with the necessary shipping instructions required to proceed with the relocation, within the weight limitations outlined in Section 3.3.
  • The cooperant/advisor is personally responsible for any additional charges associated with the shipment(s) exceeding these weight limitations.
  • The invoice must be sent directly to the Administrative Officer. The net weight in kilograms must be clearly indicated on the invoice.
  • No moving company administrative fees nor insurance shall be paid for or reimbursed by the Administrative Officer.
  • The Administrative Officer shall not pay the invoice until the household effects are received by the cooperant/advisor.

3.2.1 Excess baggage

No costs for shipment of excess baggage as accompanied luggage at the beginning or end of an assignment will be paid for or reimbursed by the Administrative Officer.<br />

3.2.2 Subsequent shipments

The cost of subsequent shipments shall not exceed the cost of transporting those household effects from the contract address to the city of assignment or from the city of assignment to the contract address.

  1. Within the first 6 months
    Subject to the overall weight limitations (see Section 3.3 - Weight limitations), a subsequent shipment of essential household effects may be authorized by the Administrative Officer. This shipment must take place during the first 6 months after moving into permanent accommodation.
  2. During the assignment
    The lesser cost of either a shipment of air cargo or accompanied excess baggage, in accordance with Vacation Travel Assistance (see Chapter 5.4.3), may be authorized by the Administrative Officer if the cooperant/advisor is working in a city of assignment with a Post Rating of III or more.
  3. Change in number of dependants
    In accordance with the weight limitations established in Section 3.3, a subsequent shipment of household effects may be authorized as follows:
  • at the birth or adoption of a child. (maximum 100 kg net);
  • when a student dependant leaves the city of assignment to study in Canada in conjunction with approved education travel (see Chapter 5.6). (maximum 100 kg net);
  • when an accompanying dependant permanently leaves the city of assignment. (maximum 300 kg net);
  • when a non-accompanying dependant joins the cooperant/advisor in the city of assignment as an accompanying dependant during the course of the assignment. The total quantity of household effects to be shipped, including all other shipments for the cooperant/advisor, will not exceed the cooperant's/advisor's weight entitlement as set out in Section 3.3 for the new household size;
  • when a spouse/common-law partner qualifies as a dependant (see Appendix 1) during the contract period, and joins the cooperant/advisor as an accompanying dependant in the city of assignment, the following conditions shall apply:
  1. packing, crating and transportation shall be paid following the same approval process as described in Section 3.2
  2. subject to the prior approval of the Administrative Officer, the shipment will be to the city of assignment:
    • from the location where the marriage took place; or
    • from the spouse's previous place of residence at the time of marriage; or
    • from the cooperant's/advisor's contract address in the case of a common-law partner qualifying as a dependant according to Appendix 1
    • not exceeding the cost of a shipment from the contract address to the city of assignment.
  3. the total quantity of household effects shipped, including all other shipments for the cooperant/advisor, will not exceed the cooperant's/advisor's weight entitlement as set out in Section 3.3 for the new household size.
  4. transportation of the spouse's/common-law partner's household effects will not be authorized by the Administrative Officer if the move is within any area, which according to local custom, is within commuting distance of the cooperant's/advisor's city of assignment.
  5. the move must be effected immediately after the marriage or after the date of dependency and no less than six months before the termination of contract.

3.2.3 Technical material

The Administrative Officer may increase the shipping entitlement by an amount sufficient to cover the cost of transporting technical material or equipment for the project, if these are deemed necessary by the Project Manager. Any technical material being transported to the city of assignment must appear as a separate item on the moving company's estimated cost and final invoice.

3.2.4 Cross-posting

When, at the request of the Project Manager, a cooperant or an advisor is transferred from one city of assignment to another, on a Global Affairs Canada funded project, authority will be given for the transportation of household effects from:

  • the previous city of assignment to the new city of assignment,
  • the previous city of assignment to the contract address,
  • the contract address to the new city of assignment.

The cumulative weight of all these shipments shall not exceed the weight entitlement established in Section 3.3.

3.2.5 Contract extension

There are no shipping entitlements of household effects when the contract is extended in the same city of assignment.

3.2.6 Shipping of household effects at end of assignment

As at the commencement of the assignment, the cooperant/advisor must follow the procedures indicated in Section 3.2. Subject to the prior approval of the Administrative Officer, the cooperant/advisor may proceed with arrangements with the movers. The cooperant/advisor enters into the contract with the moving company and provides all shipping instructions, including the address to appear on all packages. Normally, shipments are addressed c/o the storage company in Canada.
If the return address to Canada differs from the contract address, the Administrative Officer will only reimburse the actual and reasonable relocation expenses up to the cost which would have been incurred for transportation of household effects to the contract address at the contract termination. If the cooperant/advisor does not relocate at the end of the contract as the cooperant/advisor decides to remain in the city of assignment, the provisions of this chapter shall not apply unless the relocation takes place within six (6) months after the end of the contract.
Expenses related to relocation of household effects will not be reimbursed if incurred six (6) months after the end of the contract. If during that period the contract between the executing agency and Global Affairs Canada terminates, claims for expenses must be submitted by the advisor prior to the termination date of the Global Affairs Canada/executing agency contract.
The cooperant/advisor must complete and forward forms requested by the country of assignment for the export of household effects, with the assistance of the moving company.
The company in Canada storing the household effects is usually the commercial packing company used at the time of relocation. This company will retain the incoming household effects in customs storage until the cooperant/advisor arrives and customs clearance has been obtained.
The cooperant/advisor is responsible for clearance through Canadian customs of all household effects, and for any related duties, charges and insurance costs.

3.3 Weight limitations

The maximum combined air and surface freight weight allowance for the cooperant/advisor is described in the chart below in kg. net. Net weight includes only household effects, wrapping and packing materials. Net weight does not include crating, whose weight varies from country to country.

Number in household
(Cooperant/advisor and accompanying dependants)
Weight in kg net
11,350
22,050
32,350
42,650
52,950
63,250
73,550

The proportion of air and surface freight is determined by the Administrative Officer, taking into account costs related to temporary living expenses in the city of assignment.

Note: For some countries, all household effects must be sent by air. Refer to the list published in the Schedules to the Technical Assistance Handbook (see Chapter 1.10 for the Internet address).

3.4 Restricted Household Effects

  1. The following items may not be packed, stored or shipped at Global Affairs Canada's expense:
    • automobiles, motorized vehicles, motors;
    • barbecues made from brick, cement or stone;
    • patio stones;
    • building materials (lumber, cement blocks, etc.);
    • portable buildings such as tool sheds;
    • boats, trailers, all terrain vehicles and snowmobiles;
    • aircraft, parts of aircraft;
    • perishable goods;
    • fuel, both liquid and solid, including tanks for gas barbecues;
    • explosives, corrosives, flammable liquids, aerosols, cooking oil;
    • pets or livestock;
    • home brew;
    • firearms, ammunition;
    • goods requiring climatically controlled conditions;
    • farm or construction equipment or machinery;
    • items which by international law cannot be moved (e.g. protected species, national treasures);
    • items which by local law cannot be moved or stored (e.g. narcotics, tobacco, alcohol, plants).
  2. The cooperant/advisor will consult with the moving company if there are any doubts if a household effect is restricted.

3.5 Long-term storage in Canada

It is recommended that the mover chosen to ship household effects to the city of assignment also provides long term storage.

The Administrative Officer will pay the costs for packing, unpacking, local transportation and storage of household effects at the nearest suitable long-term commercial storage facility closest to the contract address. Payment is subject to the limitations set out below.
Costs for packing, transporting, withdrawing or storing of household goods during the assignment will not be reimbursed. In the case of a dependant joining the cooperant/advisor in the city of assignment during the assignment, transportation of the dependant's household effects to the storage facilities will not be reimbursed.
Limitations

  1. Monthly maximum: actual and reasonable costs of long-term commercial storage up to two hundred and eighty Canadian dollars (C$280) per month upon receipt of an invoice from a commercial storage company. The invoice submitted to the Administrative Officer must indicate volume/weight stored and price per volume/weight.The monthly storage cost limitation will be revised by Global Affairs Canada from time to time and will be published in the Schedules to the Technical Assistance Handbook (see Chapter 1.10 for the Internet address)
  2. Time limits: The storage period paid by the Administrative Officer may commence no sooner than one month prior to the effective date of the contract, and end no later than one month following its termination.
  3. Insurance:The cooperant/advisor is responsible for all insurance costs for household effects in storage, in transit, and in the city of assignment.
  4. Restricted household effects: Articles listed in Section 3.4 &quot;Restricted Household Effects&quot; may not be packed, stored or moved at Global Affairs Canada's expense.

3.6 Household Effects Insurance

The cost of such insurance is the responsibility of the cooperant/advisor.
Without limiting any provisions of this Handbook, Global Affairs Canada will not assume any liability for claims resulting from loss of, or damage to, household effects whether they are in transit, in Canada or in the city of assignment.

3.7 Inventories

The importance of having a detailed and complete inventory of household effects cannot be overemphasized. For insurance and other purposes, the cooperant/advisor may need four separate inventories covering air freight, surface freight, accompanying baggage and long-term storage in Canada. These inventories are for the use of packing and freight forwarding agents. The cooperant/advisor will consult the moving company and insurance broker for further information regarding this matter.


"Chapter 4 - Travel - Relocation

Subject to the limitations set out in this chapter, at the beginning and end of the assignment, the Administrative Officer will pay relocation travel expenses as described in this chapter.
If the departure address from Canada or return address to Canada differs from the contract address, the Administrative Officer will only reimburse the actual and reasonable relocation expenses up to the cost which would have been incurred for travel relocation to or from the contract address. If the cooperant/advisor does not relocate at the beginning or end of the contract as the cooperant/advisor is either already residing in the city of assignment or has decided to remain in the city of assignment, the provisions of this chapter shall not apply unless the relocation takes place within six (6) months after the end of the contract.

Travel Arrangements
The cooperant/advisor shall not enter into any financially binding obligation with the carrier prior to contract signature. When public funds are expended, Canadian government policy states that preference shall be given to using Canadian suppliers.

4.1 Arrival and Departure Procedures

The cooperant/advisor must, immediately upon arrival in the city of assignment and immediately prior to departure from the city of assignment, inform the Administrative Officer, Project Manager and the Global Affairs Canada Field Representative in writing of the following arrivals and departures of the cooperant/advisor and all accompanying dependants:

  • date of moving out of the permanent accommodation in Canada;
  • date of departure from Canada;
  • date of the permanent arrival in the city of assignment at the commencement of the assignment;
  • date of the move into permanent accommodation;
  • dates of temporary absences from the city of assignment for any reason (business travel or personal travel);
  • dates of return to the city of assignment after temporary absences;
  • date of moving out of the permanent accommodation at the termination of the assignment;
  • final date of departure from the city of assignment;
  • date of move into permanent accommodation in Canada.

Written notice must also be given of any change of address.
No overseas allowance will be paid before the Administrative Officer has received the cooperant's/advisor's permanent arrival date in the city of assignment and the date of final departure from the city of assignment.

4.2 Relocation Transportation Costs and Routes

At the beginning and at the end of the assignment, the cooperant/advisor will be responsible for making their own travel arrangements. These travel expenses shall form part of the non-accountable relocation travel allowance provided by the Administrative Officer. If the destination at the end of the assignment is not the contract address, a non-accountable relocation travel allowance shall not apply.

4.2.1 Relocation Travel Allowance (hereinafter called RTA)

The RTA includes the following:

  1. A transportation entitlement for the cooperant/advisor and each accompanying dependant.
  2. Two (2) days living expenses (see definition) at the contract address and in the new city of assignment for the cooperant/advisor and all accompanying dependants relocating from Canada.
  3. Two (2) days living expenses in the previous city of assignment and at the contract address for cooperant/advisor and all accompanying dependants when relocating back to Canada.
  4. Two (2) days living expenses in the previous city of assignment and in the new city of assignment for the cooperant/advisor and all accompanying dependants when cross-posting to a new city of assignment.
  5. Living expenses at authorized stopovers.

4.2.2 Procedures for the calculation and payment of the RTA

The cooperant/advisor completes and submits, in accordance with the provisions of this section, the RTA form ( Appendix 4) to the Administrative Officer. The amount of the RTA will be subject to the prior verification and approval of the Administrative Officer who will then arrange for payment of the RTA to the cooperant/advisor. The applicable Bank of Canada exchange rate (see Chapter 1.10 for the Internet address) is the rate effective the date of the air fare quote.

  1. Transportation allowance:The cooperant/advisor obtains and attaches to the form, a detailed original airfare quote from a commercial travel agency, representing the cost of full (Y) economy airfare (ONE WAY ONLY), for the cooperant/advisor and each accompanying dependant. Where a child's rate is available, that rate shall be included in the quote and shall be used to determine the airfare entitlement. The quote must be based on the most direct routing from:
    • the major airport closest to the contract address to the major airport closest to the city of assignment OR,
    • at termination of the contract, from the major airport closest to the city of assignment to the major airport closest to the contract address OR,
    • for a cross posting, from the major airport closest to the previous city of assignment to the major airport closest to the new city of assignment.
    In the case of a spouse/common-law partner qualifying as an accompanying dependant during the period of the contract, the airfare quote (ONE WAY ONLY) must be from the contract address or the location of the residence of the spouse/common-law partner to the city of assignment. The quote shall not exceed the airfare cost (ONE WAY ONLY) from the contract address to the city of assignment.
  2. Temporary accommodation allowance:commercial hotel accommodation for an average priced hotel unless the cooperant/advisor is able to reside in their own home (e.g. if a spouse/common-law partner remains in Canada and will continue to reside in the family home or if the cooperant/advisor is able to immediately move into permanent residence in the city of assignment):
    • at the beginning of relocation travel, two (2) nights at the contract address or at the originating city of assignment, and
    • at the end of relocation travel, two (2) nights in the new city of assignment or contract address, and
    • One (1) night stop-over if approved in Section 4.2.2(d) below.
    As a source of average hotel rates, the Canadian Government Department of Public Works and Government Services Canada publishes hotel rates on their web site (see Chapter 1.10 for the Internet address). Alternatively, the Administrative Officer may use the experience of other travellers for an average hotel in the city of assignment or enroute. Consideration is to be given to family size while performing this calculation. For example, if a family of four is travelling (cooperant/advisor, spouse/common-law partner and two young children) two rooms may be required if a suitable rate for a two bedroom suite is not available. If private accommodation (other than their own residence) is used during any of these days, an accommodation allowance in accordance with the Treasury Board Travel Directive for private accommodation will apply (see Chapter 1.10 for the Internet address).
  3. Meals and incidental expense allowance:
    • at the beginning of relocation travel, two (2) days meal and incidental expense allowance is calculated for the cooperant/advisor at the contract address or in the city of assignment and two (2) days meal allowance only (i.e. no incidental allowance) for all accompanying dependants, and
    • for approved enroute stopovers (see Section 4.2.2(d)), one (1) day meal and incidental allowance for the cooperant/advisor and one (1) day meal allowance only for all accompanying dependants, and
    • at the end of relocation travel, two (2) days meal and incidental expense allowance for the cooperant/advisor at the contract address or in the new city of assignment and two (2) days meal allowance only for all accompanying dependants in the new city of assignment.
    • The meal allowance authorized for a child is based on the allowance for an adult, as follows:

    In Canada and the United States

    • up to 12 years - 1/2 daily amount
    • 12 years of age and over - full daily amount

    Outside Canada and the United States

    • up to 4 years - 1/2 daily amount
    • 4 years of age and over - full daily amount.

    The Treasury Board Travel Directive rates are to be used for the meal and incidental rates (see Chapter 1.10 for the Internet address).

  4. Approved stopovers and travel days:The number of travel days and overnight stopovers authorized is determined as follows:
    • Africa: two (2) days, one (1) night stopover.
    • Asia: two (2) days, one (1) night stopover.
    • Caribbean: one (1) day, no night stopover. If meals are required, the Treasury Board Travel Directive Canadian meal allowance shall apply for the cooperant/advisor and each accompanying dependant . No incidental allowance is payable. A one (1) night stopover may be approved by the Administrative Officer when, through no fault of the cooperant/advisor, connecting flights are not available to complete the trip in one day.
    • Central and Eastern Europe: two (2) days, one (1) night stopover.
    • Central America: two (2) days, one (1) night stopover.
    • Pacific Islands: two (2) days, one (1) night stopover. If the fare quote indicates that connecting flights are such that two (2) nights stopover are necessary, the allowance will be adjusted accordingly.
    • South America: two (2) days, one (1) night stopover.

4.2.3 Accountable relocation expenses

In addition to the RTA, the cooperant/advisor may submit to the Administrative Officer a travel claim accompanied by receipts for reimbursement of the following expenses:

  1. Taxis - The use of taxis may be authorized by the Administrative Officer when airport bus/limousine or public transit service is not available or practical. Claims for taxi charges must indicate the starting point and destination, the purpose and cost of each trip. Taxis to and from airports may be reimbursed at the contract address, authorized stopover locations and in the city of assignment.
  2. If the distance between the airport and the contract address is over 100 kilometers, actual and reasonable transportation expenses will also be reimbursed upon presentation of receipts. If travel is by private motor vehicle, Treasury Board Travel Directive (see Chapter 1.10 for the Internet address) kilometer rates apply.
  3. Airport taxes, if not included in the cost of airline tickets.
  4. Temporary living expenses not included in the RTA (see Section 4.3).
    Any advance made to the cooperant/advisor in accordance with article 2.9.2 shall be justified within 15 days after the expenses are incurred. No further advance will be made until the outstanding advance has been justified.

4.2.4 Relocation during long school recess

When a cooperant/advisor is entitled to an education allowance for a non-accompanying student dependant and the relocation occurs during the long school recess, the student dependant may travel with the cooperant/advisor to the city of assignment for the duration of the long school recess. Relocation expenses for the student dependant will be included in the RTA. For return travel to the school at the end of the long school recess, the Education Travel provisions shall apply (see Chapter 5.6).

4.2.5 Relocation at end of assignment

To receive the RTA at the end of the contract, the cooperant/advisor will submit the RTA form (Appendix 4) to the Administrative Officer, as per Section 4.2.2. Relocation must take place within 6 months after termination of the contract. If within that period the contract between Global Affairs Canada and the executing agency terminates, requests for the RTA must be submitted prior to the termination of the contract. If the destination at the end of the assignment is not the contract address, a non-accountable relocation travel allowance shall not apply.

Where the return address to Canada differs from the contract address, the Administrative Officer will only reimburse the actual and reasonable relocation expenses up to the cost which would have been incurred for travel relocation to the contract address at the time of contract termination. The cooperant/advisor shall submit a travel claim, with receipts, to the Administrative Officer for reimbursement of the expenses indicated in 4.2.2 and 4.2.3.

Where the cooperant/advisor does not relocate at the end of the contract as the cooperant/advisor decides to remain in the city of assignment, the provisions of this chapter shall not apply unless the relocation takes place within six (6) months after the end of the contract.

4.3 Temporary Living Expenses during Relocation

At the beginning and end of the assignment, a cooperant/advisor and accompanying dependants may face a situation where their permanent accommodation is not yet ready and available. The Administrative Officer will reimburse temporary living expenses in accordance with the terms outlined in this section.
The meal allowance authorized for a child is based on the allowance for an adult, as follows:

  1. In Canada and the United States
    • up to 12 years - 1/2 daily amount
    • 12 years of age and over - full daily amount
  2. Outside Canada and the United States
    • up to 4 years - 1/2 daily amount
    • 4 years of age and over - full daily amount.

4.3.1 Prior to departure from Canada

Prior to departure from Canada, the cooperant/advisor and accompanying dependants will receive a temporary accommodation and meal allowance as part of the RTA for a period of 2 (two) days. If the cooperant/advisor is able to reside in their own home no amount shall be payable. If this information is not known at the time of issuing the RTA, the amount will be recovered from the cooperant/advisor by the Administrative Officer.

4.3.2 Upon arrival in country of assignment

Residence ready
If upon arrival in the city of assignment, the permanent residence is ready and available and the shipment of household effects has been delivered, temporary living expenses shall not be claimed. If the RTA included two (2) days temporary accommodation on arrival in the city of assignment, this amount will be recovered from the cooperant/advisor by the Administrative Officer. The two (2) day meal allowance will remain unaffected.
However, if the shipment of household effects has not arrived in the city of assignment and essential articles required to occupy and maintain the accommodation are not available, temporary living expenses may be claimed by the cooperant/advisor as described below.

Residence not ready

  • Day 1 and 2: living expenses are included in the RTA
  • From 3rd to 21st day:

Accommodation: actual and reasonable expenses with receipts in commercial accommodation or the private accommodation rate in accordance with the Treasury Board Travel Directive (see Chapter 1.10 for the Internet address);
Meals: eighty percent (80%) of the local meal rate, for the cooperant/advisor and each accompanying dependant;
Incidentals: an incidental allowance, in accordance with the Treasury Board Travel Directive, for the cooperant/advisor only (see Chapter 1.10 for the Internet address);
NOTE: For commercial accommodation beyond 21 days, the cooperant/advisor must submit a written report to the Administrative Officer specifying the reason for extension beyond the 21st day and listing their house hunting efforts.

  • From the 22nd day to the 35th day, only self-contained commercial accommodation will be reimbursed or the private accommodation rate in accordance with the Treasury Board Travel Directive (see Chapter 1.10 for the Internet address).

As soon as it becomes evident that the cooperant/advisor cannot move into a permanent residence within 35 days, the cooperant or the executing agency, on behalf of the advisor, must submit a written report to Global Affairs Canada's Technical Assistance Unit detailing the reasons for temporary living expenses beyond 35 days and listing all efforts made to locate permanent accommodation.

4.3.3 Prior to departure from the city of assignment

At the end of the assignment, only two (2) days of temporary accommodation in the city of assignment are authorized and will be included in the RTA.

Reimbursable expenses and the RTA calculations are the same as at the departure from Canada (see Section 4.2.2).

4.3.4 Upon return to Canada

Upon returning to Canada, only two (2) days of temporary accommodation are authorized and will be included in the RTA. Temporary living expenses incurred or claimed 6 months or more after the end of the contract will not be reimbursed.
When public funds are expended, Canadian government policy states that preference shall be given to using Canadian suppliers.

Chapter 5 - Travel

5.1 Travel Before and After the Contract

The cooperant/advisor will be reimbursed for actual and reasonable travel expenses in accordance with the Treasury Board Travel Directive (see Chapter 1.10 for the Internet address) when required for:

  1. pre-contract meetings, including briefing and debriefing sessions and conferences, only if included in the contract;
  2. medical examinations for potential cooperants/advisors and their accompanying dependants (see Chapter 2.1 for conditions).

5.2 Travel in Country of Assignment

5.2.1 Private vehicles

It is the responsibility of each cooperant/advisor to make appropriate arrangements for use of private vehicles, including insurance, in the city of assignment (see Chapter 2.12).

5.2.2 Project vehicles

Project vehicles are meant for project use only. For example, driving to and from work constitutes personal and not project use. The personal use of a project vehicle is a benefit to which the cooperant/advisor is not entitled.

5.3 Overseas Duty Travel

5.3.1 When requested by the country of assignment

When the country of assignment requires the cooperant/advisor to travel, the country of assignment will normally pay for the travel expenses (or give an allowance in lieu of actual and reasonable travel expenses), as provided for in the country's regulations. Any cooperant/advisor who encounters difficulties in obtaining reimbursement of travel expenses should submit a written explanation of the difficulties to the Project Manager who may authorize reimbursement in accordance with Section 5.3.2 below.

5.3.2 When requested by the Project Manager

A cooperant/advisor travelling outside the city of assignment, at the request of Global Affairs Canada or of the executing agency, is entitled to reimbursement of travel expenses incurred in accordance with the Treasury Board Travel Directive (see Chapter 1.10 for the Internet address).
For reimbursement, the cooperant/advisor must submit a travel claim, supported by receipts, to the Project Manager.

5.4 Vacation Travel (hereinafter called VT)

5.4.1 Purpose of vacation travel

It is in the interest of the cooperant/advisor and their accompanying dependants working and living overseas to take a vacation in Canada or some location other than the city of assignment.

5.4.2 Vacation Travel Allowance (hereinafter called VTA)

Trademarks Examination Manual — Page 2 of 5

On this page:

  1. Introduction
  2. Examination of the Application as to Form
    1. Pre-examination
    2. Request for Early Examination
    3. Formal Requirements — Section 30
    4. Types of Applications — Section 16, Paragraphs 41(1)(c) and 30(b) to (f)
    5. Contents Common to All Applications
    6. Content Appearing in Some Applications
    7. Contents of Specific Applications

II Examination of the Application as to Form

II.1 Pre-examination

The entire processing of an application from the time of filing to the time of its registration (or, alternatively, refusal or abandonment) involves many different operational units of the Trademarks Office. The majority of trademark applications are filed electronically. The others arrive in the departmental mail room where they are date stamped and then forwarded to the CIPO Finance and Administration Directorate which is responsible for receiving and coding the appropriate fee.

The application is transferred to the Formalities Section where it is assigned a file number. The application is reviewed to ensure that the filing requirements of Rule 25 of the Trade-marks Regulations have been met and, if so, it is assigned a filing date.

The application is then formalized and entered into the database and the electronic index. Receipt of the application is then acknowledged. The application is then transferred to the Examination Section where it is searched and examined.

II.2 Request for Early Examination

(See also the practice notice entitled Requests for Expedited Examination)

Trademark applications are generally examined in order, according to the filing date of the application. The advancement of an application out of routine order creates a favoured position at the expense of all other applicants, and the Registrar will not consider requests for expedited examination.

II.3 Formal Requirements — Section 30

Once the application for registration of a trademark has been processed by the Formalities Section of the Trademarks Office, examiners begin the initial examination, in part to ensure that all the formal requirements of the application form have been satisfied as set out in section 30 of the Trade-marks Act. See also the section entitled "General" in the Trade-marks Regulations.

As part of the initial examination, examiners will also assess goods or services that have been grouped according to the classes of the Nice Classification.

II.4 Types of Applications — Section 16, Paragraphs 41(1)(c) and 30(b) to (f)

In addition to verifying the application's compliance with paragraph 30(a) of the Trade-marks Act, examiners must also review the basis upon which the applicant seeks to register the mark. The applicant will be aided in the completion of his/her application by referring to the Trade-marks Regulations, especially to Rule 25 and to paragraphs 30(b) to 30(f) of the Trade-marks Act.

Although the Trademarks Office does not supply pre-printed forms, suggested forms are available.

Applicants may also file their applications electronically.

II.5 Contents Common to All Applications

II.5.1 Identity of the Applicant

The applicant must be a "person" entitled to registration, as defined in section 2 of the Trade-marks Act. Examiners commonly refer to "persons" as "legal entities". The "person" or legal entity may be an individual, partnership, trade union, association, joint venture or corporation.

The name stated in the application as the applicant must be a legal entity. A legal entity can function legally, sue or be sued and make decisions through agents, as in the case of corporations.

However, the Registrar will generally no longer require an applicant to confirm that it is a "person" as defined in section 2 of the Trade-marks Act. The onus rests ultimately with the applicant to ensure compliance with the Trade-marks Act.

When two or more individuals or legal entities apply for the registration of a trademark, it must be confirmed that they form a lawful association. It is not enough for the individuals to say that they are in business together. The individuals must confirm in writing that they have a legal agreement between them, in other words, a lawful association, such as a partnership or a joint venture. A statement to that effect is sufficient. It is not necessary to submit evidence, an affidavit or revised application. If the applicant cannot confirm that it is a lawful association, then a new application must be filed along with the corresponding fee, correctly identifying the applicant.

Whenever applicable, a predecessor-in-title must be named, indicating previous ownership.

II.5.1.1 Individuals

When the applicant is an individual, he/she shall provide a surname and at least one given name. Any trading styles used can also be incorporated in the applicant's identification.

Example: John Doe trading as Doe's Deli.

The applicant must not be identified by a trading style alone. Whenever it appears that the application has been made in the name of the applicant's trading style rather than the applicant's own name, the examiner will request an amended application, which must name the legal owner, that is, the individual, as the applicant.

II.5.1.2 Partnerships

While the Office will not register a trademark in the name of more than one individual or legal entity, applications to register a trademark may properly be made in the name of a partnership, which is considered a lawful association. Generally, a group of persons conducting a business as a partnership does so under a trading style (e.g., Mary Jones and John Smith, a partnership, doing business as Jonesmith Enterprises).

It may occasionally happen that two or more individuals apply to register a trademark, but do not indicate the existence of a partnership. Written confirmation that a partnership exists will be sufficient, and the applicant may provide a trading style if one exists.

The onus of determining whether or not a partnership is a legal entity rests with the applicant or registrant. Accordingly, the Office accepts applications, assignments, etc., filed in the partnership name only, without reference to the partners. However, the partnership must be identified as such.

II.5.1.3 Associations

Associations that are legal entities (i.e., lawful associations) may acquire trademark rights either in association with services performed for members or for goods or services used in commerce. The full name of the association and full post office address of its place of business must be set out.

II.5.1.4 Joint Ventures

Applications may also be made by two or more applicants who are engaged jointly in commercial activities which result in the production of goods or the provision of services, e.g., a joint venture, which is another form of lawful association. The full names and full business addresses of the applicants must be set out in the application. Only the general partners in a joint venture need be named, not any limited partners.

However, in cases whereby the parties have separate addresses, the information should be data captured in the following manner:

  • ABC Inc. and XYZ Ltd., a joint venture
  • 123 1st St.
  • Ottawa, ON K1K 0A0 and
  • 789 2nd Ave.
  • Ottawa, ON K3K 1B1

However, due to the fact that the Office is limited by the number of characters that can be entered in the address field, confirmation from the applicants involved in a joint venture as to which address should be entered may sometimes be requested.

The Office no longer requires information establishing the degree of involvement of each partner as was previously the case.

Such information may be required, however, to disclose the procedure by which the trademark may be assigned or ownership resolved if the joint venture is dissolved. This requirement should be dictated by the facts in each case, and the documentation submitted at the time of assignment should deal with this question.

II.5.1.5 Corporations

The instructions for completion of an application do not require the applicant to name the jurisdiction under whose laws it was incorporated. The application must, however, contain the full name of the corporation, which may be a private organization or a public authority, e.g., a municipal or provincial corporation or a provincial or federal statutory body.

A common error is when an individual files an application on behalf of a corporation and identifies him/herself either solely or in addition to the corporation or company which he/she represents. In the following examples, if the applicant is XYZ Ltd, all information preceding XYZ Ltd. is considered superfluous and should not be included when identifying the applicant:

  • Jack Jones, President of XYZ Ltd.
  • Jack Jones on behalf of XYZ Ltd.
  • Jack Jones, attorney of XYZ Ltd.

Occasionally, an individual who intends to form a corporate body will apply for the registration of a trademark and will request that the registration be made in the name of the intended corporate body. An as-yet-uncreated business entity cannot be a "person" as defined in section 2 of the Trade-marks Act. The applicant may file the application in their own name, and subsequently assign ownership to the intended corporate body after it has been incorporated.

Where a division or component of a corporation is engaged in commercial activity associated with the use of a trademark, examiners will accept, as a proper indication of use by a division, the following:

  • General Furniture Ltd., operating through its division Bowes Furniture Manufacturing Co.

or

  • General Furniture Ltd., sometimes doing business as Bowes Furniture Manufacturing

In both cases, "General Furniture Ltd." would be considered the legal entity.

II.5.1.6 Use of French or English Form of Corporate Name

Subsection 10(3) of the Canada Business Corporations Act states the following:

Subject to subsection 12(1), the name of a corporation may be set out in its articles in an English form, a French form, an English form and a French form, or a combined English and French form, so long as the combined form meets the prescribed criteria. The corporation may use and may be legally designated by any such form.

Therefore an applicant whose name incorporates both a French and English version, e.g., Pamplemousse Inc./ Grapefruit Inc., will be recognized as the same entity whether identified only as Pamplemousse Inc. or Grapefruit Inc.

II.5.1.7 Wrong Identification of Applicant

When an application to register a trademark is filed in the wrong name, an attempt is made to remedy the error. The following are examples of the most common errors made when identifying the applicant and the corresponding actions required:

  1. The application shows "Incorporated" instead of "Limited", or vice versa; "Company Limited" instead of "Company Inc.", or vice versa; "Company of Canada Ltd." instead of "Company Ltd.", or vice versa, and so on. A letter from the applicant to the effect that the erroneous entity did not exist at the date of filing will be required together with the details of the filing error for the correction to be made.
  2. The application is filed in the old name of the applicant when a change of name occurred prior to the date of filing the application. The Office will accept this change with the submission of a letter setting out the details of the filing error and a revised application showing the correct name of the applicant. This situation is not contrary to Rule 31(a) as the actual "identity" of the applicant has not changed.

    Note: The Trademarks Office will amend a pending trademark application to reflect a change of name of the applicant upon receipt of a written request; no fee is required. As a general rule, there is no requirement to provide the Office with evidence of a change of name. If the name change is a result of a merger, amalgamation or a change in corporate status, the Office will require some evidence that shows the circumstances in which the name changed. Non-notarized extracts of corporate registers or copies of the certificate of merger/amalgamation will suffice as evidence of the change in corporate status or a change of name resulting of a merger/amalgamation.
  3. The applicant advises that an assignment took place prior to the filing of the application; however, the application was filed in the old name. The Office will not accept an affidavit or letter attesting to the circumstances surrounding the error since the applicant was not the owner at the date of filing. This situation is contrary to Rule 31(a) of the Trade-marks Regulations and the application must be re-filed in the name of the current owner.
  4. The applicant is a United States company and is shown as a state corporation, for example, an Illinois corporation, but the Office is advised that this should have been shown as a Delaware corporation. If the Illinois corporation did not exist, then the Office will require a letter setting out the details of the error before accepting the amendment to show the applicant as a Delaware corporation.

    If both corporations (Illinois and Delaware) existed at the time of filing and the applicant filed the application naming the wrong one, then nothing can be done to correct the error as this would change the identity of the applicant and would be considered contrary to Rule 31(a) of the Trade-marks Regulations. The application must be re-filed in the name of the correct owner.
  5. When an application is filed in the name of a non-legal entity, no affidavit is required to correct the applicant's name to a legal entity such as changing Farm Foods to Farm Foods Ltd. or to Mary Smith trading as Farm Foods.

Note: Any change to the applicant's name should be made by the assignment section, including typographical errors. Once the change is made, a written confirmation is sent to the applicant outlining any amendments made.

II.5.2 Address of the Applicant — Paragraph 30(g)

The applicant in each case must provide the address of his/her principal office or place of business. A separate mailing address may be provided if the applicant does not wish correspondence to be sent to the foregoing. If an individual does not have a business address, the address of the place of residence will suffice. Where an applicant consists of more than one entity, as in partnerships or joint ventures, separate addresses for each entity may be supplied.

If the applicant has no office or place of business in Canada, the address of the applicant's principal office or place of business abroad as well as the name and address of the person or firm named as the representative for service must be provided. See also section II.5.6.2 of this Manual.

Note: Any change to the applicant's address should be made by the assignment section, including typographical errors. Once the change is made, a written confirmation is sent to the applicant outlining any amendments made.

II.5.3 Identification and Description of the Mark - Paragraph 30(h) and Rule 24

(See also section II.6.2 of this Manual and the practice notice entitled Compliance with Paragraph 30(h) — Marks in a Special Form)

Paragraph 30(h) of the Trade-marks Act provides that unless the application is for the registration only of a word or words not depicted in a special form, a drawing of the trademark is required.

The trademark is considered to be a word mark that is not in special form if it consists of:

  1. A word or words in upper case letters.
  2. A word or words including lower case letters.
  3. A word or words including numerals.
  4. A word or words including French accents.
  5. A word or words including any of the punctuation marks found on standard English or French keyboards.

The trademark must be shown in a drawing if it consists of:

  1. A word or words in special form.
  2. A word or words which incorporate foreign accent marks such as the Spanish tilde.
  3. A composite mark comprising word and design elements.
  4. A mark comprising foreign characters.
  5. A word or words appearing in colour (when colour is claimed as part of the mark) and the drawing is lined for colour.

If the trademark contains design elements, the phrase "The trademark is shown in the attached drawing" should be inserted in the application and the drawing annexed to the application form. The details of the drawing may be described in situations where some portions of the mark cannot be reproduced clearly in the Trademarks Journal. Reference should not be made to a specimen. The following are examples that would NOT be acceptable:

  1. The trademark consists of the word AJAX and a star.
  2. The trademark consists of the word AJAX and a star as shown in the attached drawing.
  3. The trademark is the design as shown in the attached specimen.

Any of the foregoing are properly described by: "The trademark is shown in the attached drawing."

Rule 24 of the Trade-marks Regulations provides that a separate application shall be filed for the registration of each trademark. The following are examples of what examiners should not accept:

  1. The applicant indicates willingness to accept registration of any of the following trademarks:
    1. JIMMY'S PIZZA
    2. JIMMY'S HAMBURGERS
    3. JIMMY'S MUFFINS
  2. The applicant lists the marks and indicates a preference:
    1. HEAVEN'S FAVOURITE (first choice)
    2. ECSTATICA (second choice)
    3. FABUTASTIC (third choice)

If an application is filed wherein the trademark is composed in whole or part of words in more than one language, the trademark must be used exactly in the manner in which it is set out in association with the goods or services. Registration No. 224,146 provides such an example, the trademark consisting of the following words:

  • LA FONTAINE DE TREVI THE TREVI FOUNTAIN LA FONTANA DI TREVI

The mark was registered in this fashion with the understanding that it would be used in association with the goods exactly in the manner in which it is set above; the three versions cannot be used separately but must be used together. However, if the mark is composed of three separate versions in three languages, and where those versions are to be used separately in association with goods or services, the applicant must apply to register three separate trademarks.

II.5.4 Description of Specific Goods or Services in Ordinary Commercial Terms — Paragraph 30(a)

Paragraph 30(a) of the Trade-marks Act states that an application for a trademark must contain "a statement in ordinary commercial terms of the specific goods or services in association with which the mark has been or is proposed to be used".

A representative listing of acceptable goods and services that are considered to be ordinary commercial terms for specific goods or services pursuant to paragraph 30(a) of the Trade-marks Act can be found in the Goods and Services Manual.

For goods or services not found in the Goods and Services Manual, the acceptable listings in the Goods and Services Manual can be used to indicate by analogy the kinds of statements that would also be acceptable to describe similar goods or services. A statement of goods or services is acceptable if it as specific as, or more specific than, a related or similar listing.

II.5.4.a Ordinary Commercial Terms

Pursuant to paragraph 30(a) of the Trade-marks Act, a statement of goods or services must be "in ordinary commercial terms".

A statement of goods or services is considered to be in ordinary commercial terms where research discloses that the goods and services are set out as they are customarily referred to in the trade, where similar language and scope has been commonly used by others in the same industry to describe the applicant's goods or services. See Dubiner v. Heede International Ltd. (1975), 23 C.P.R. (2d) 128 and  Mövenpick-Holding AG v. Sobeys Capital Incorporated, 2010 TMOB 41.

Moreover, simply because a statement of goods or services can be understood does not mean that it is a description that is customarily used in the trade. See Decra-Loc Canada Ltd. v. Pave Tech Inc. (1995), 61 C.P.R. (3d) 553.

Examiners will conduct research to determine whether there are numerous commercial uses of the description of goods and services in question that would demonstrate that they are described as they normally would be in the trade.

Where ordinary commercial terms cannot be found, the statement of goods or services must be clear and concise. Technical, lengthy or ambiguous descriptions of the characteristics of the goods or services are not acceptable. The statement of goods or services must be understood in the trade to describe the goods and services of the applicant.

Registered trademarks cannot be used in statements of goods or services since they are not considered to be in ordinary commercial terms.

II.5.4.b Specific Goods or Services

Goods or services in ordinary commercial terms must also be "specific" pursuant to paragraph 30(a) of the Trade-marks Act. For example, while "clothing" is an ordinary commercial term, it is not specific, whereas "exercise clothing" is considered to be specific since the type of clothing has been specified.

At times, in order to specifically define a good, the area of use of the good will be required. For example, "catalysts" is an insufficiently defined good. However "catalysts for use in oil processing" or "catalysts for use in the manufacture of industrial chemicals", are both specifically defined areas of use for "catalysts" and render the goods acceptable. This becomes especially important in cases where a trade term can have two completely different meanings, such as "crimping irons" which can be used for hair but also for mending or molding leather or iron.

Similarly, services in ordinary commercial terms, such as "consulting", may be specified by indicating the field of use, such as "consulting in the field of workplace safety".

While a statement of services may be more difficult to specify than a statement of goods, paragraph 30(a) of the Trade-marks Act requires some specificity in association with services where it is reasonable to expect that a more specific statement of services in ordinary commercial terms can be provided by an applicant. See Sentinel Aluminium Products Co. v. Sentinel Pacific Equities Ltd. (1983), 80 C.P.R. (2d) 201.

There are no provisions in the Act to limit services to those which are not "incidental" or "ancillary" to the sale of goods provided that the services are not a normal contractual requirement or within the normal expectation of the purchaser in connection with the sale of goods. See Kraft Ltd. v. Registrar of Trade Marks (1984), 1 C.P.R. (3d) 457. However, services must offer a benefit to a third party in order to be acceptable pursuant to paragraph 30(a) of the Trade-marks Act. Merely making the public aware of the applicant's goods does not provide a real service to the public since the only person who would benefit is the applicant. See Ralston Purina Co. v. Effem Foods Ltd. (1997), 81 C.P.R. (3d) 528.The following three-part test will be considered in determining whether the statement goods or services is considered to be "specific" within the meaning of paragraph 30(a) of the Trade-marks Act:

  • Are the goods or services sufficiently specific so that it is possible to assess whether paragraph 12(1)(b) of the Trade-marks Act applies? A mark that clearly describes a character or quality of the goods or services is not registrable.
  • Are the goods or services sufficiently specific to ensure that the applicant will not have an unreasonably wide ambit of protection? For example, goods described as "computer software", without further specification, would give the applicant an unreasonably wide ambit of protection.
  • Are the goods or services sufficiently specific so that it is possible to assess confusion? A mark that is confusingly similar to a registered trademark or a pending trademark is not registrable.
II.5.4.1 Broadening of Goods or Services

It is important to note that the statement of goods or services made in the initial application may later be further specified. However, Rule 31(e) of the Trade-marks Regulations prohibits an amendment to an application that would change the statement of goods or services so as to be broader than the statement of goods or services contained in the application at the time the application was filed.

II.5.4.2 Context of the Goods and Services

In some cases, the context of a statement of goods or services may serve to specify an otherwise unacceptable statement of goods or services. Goods or services may be acceptable when they are understood as being sufficiently specific  in the context of the entire statement of goods or services.

For example, "cases" alone are not acceptable as they could include any type of "cases" from camera cases to pillowcases. However, in an application for "cameras, tripods, and cases", the goods "cases" would be acceptable as it is clear from the context that the "cases" would be restricted to camera cases.  Similarly "delivery" services alone is not acceptable as the service could include any type of delivery from flower delivery to furniture delivery. However, an application for "restaurant services" including the service "delivery" would be acceptable as the service would be understood to mean food delivery.

Note: Goods or services which are separated by semi-colons (;) are generally considered to stand on their own and therefore must meet the requirements of paragraph 30(a) of the Trade-marks Act without regard to the other listed goods or services.

II.5.4.3 Indefinite Terms – "And the like", "And similar goods", "Including", "Related to", "Related services", "Etc.", and "Featuring"

The statement of goods or services must be specific and avoid indefinite words and phrases. As a general rule, the following indefinite terms cannot be used to specify goods or services which  would require further specification: "and the like", "and similar goods", "including", "related to", "related services", "etc." and "featuring". Such terms are generally only acceptable when they follow  specific goods or services.

For example, since "restaurant services" is specific, "restaurant services including take-out services" would also be acceptable. Similarly, since "mutual fund services" is specific, "mutual fund services including mutual fund distribution" would also be acceptable. However, "financial services relating to mutual fund services", would not be acceptable as financial services alone are not considered to be specific having regard to paragraph 30(a) of the Trade-marks Act.

In some circumstances, indefinite terms may be used in a statement of goods or services if they are used to provide further specification which is not essential to determining the specific nature. For example, "roller-type lint remover for use in removing foreign particles from clothing, furniture, upholstery and the like" is acceptable since the goods have already been specifically defined as being for "removing foreign particles from clothing, furniture, upholstery" and the indefinite term "and the like" merely indicates other similar uses.

As a general rule, the term "featuring" will only be acceptable when it follows specific goods or services. For example, since "casual clothing" is acceptable, "casual clothing featuring pants, dresses and shorts" is also acceptable. However, "clothing featuring pants, dresses and shorts" would not be acceptable since "clothing" is not considered to be specific pursuant to paragraph 30(a) of the Trade-marks Act.

The Office accepts the use of "featuring" where the applicant must indicate the specific contents or field of interest (e.g., books, computer games, movies, music, photos, etc.) of CDs, DVDs, optical, floppy or other discs. For example, "compact discs featuring topics of instruction in astronomy" and "digital videodiscs featuring computer games" are acceptable.

II.5.4.4 Definite Terms – "Namely", "Consisting of" or "Specifically"

Goods and services that require further specification may be specified using the definite terms "namely", "consisting of" or "specifically".

For example, "alarms" are considered to be too broad but may be further specified by using the definite term "namely" to list the type of alarms, e.g., "alarms, namely fire, car, and burglar". Similarly, "consulting" is considered to be too broad but may be further specified by using the definite term "namely", e.g., "consulting services, namely business management consulting" or by using the definite term "specifically", e.g., "consulting services, specifically capital investment consulting".

Note: The Office, for purposes of clarity, does not accept the colon (:) instead of "namely".

II.5.4.5 "In the nature of", "Such as", "Comprising", "Containing", "In particular" or "Particularly"

These terms may be acceptable in a statement of goods or services where the kind, sort or type of goods or services has been specified and the goods or services following any of these terms are considered to comply with paragraph 30(a) of the Trade-marks Act.

For example, "clothing in particular casual wear" is understood to be limited to "casual wear" which is listed as acceptable in the Goods and Services Manual. However, "clothing comprising outerwear" is not considered to be acceptable since "outerwear" is not considered to be a specific kind, sort or type of clothing. Goods stated as "gift baskets containing cheese, bread and prepared meats" are understood to be limited to the goods listed after "containing" which are acceptable pursuant to paragraph 30(a) of the Trade-marks Act.

However, "electrical systems comprising modules" would not be acceptable since "modules" are not considered to be ordinary commercial terms nor are they specific goods.

Similarly, "entertainment services such as hockey games" are understood to be limited to "hockey games" which are considered to be in ordinary commercial terms for specific services and do not encompass other services.

However, "entertainment services in the nature of music events" are not considered to be acceptable since the kind, sort or type of music event has not been specified.

II.5.4.6 "Accessories", "Equipment", "Apparatus", "Systems" and "Products"

As a general rule, goods described by the terms "accessories", "equipment", "apparatus", "systems", or "products" are not considered acceptable without further specification since they are considered to include different types of goods with different channels of trade which are not necessarily sold in close proximity.

For example, "automobile accessories" could reasonably include everything from air deodorizers to first-aid kits to portable televisions.  However, "hair accessories" are acceptable since the accessories are reasonably understood in the trade to be a recognized set of items with the same channels of trade that are typically sold in close proximity, such as barrettes, clips, and side combs.

Similarly, "telecommunications equipment" could include everything from end user items such as fax machines and two-way radios, to goods that support telecommunications delivery such as communication towers and fibre optic cables. However, "hair cutting equipment" is acceptable since the function or the area of use of the equipment can be reasonably understood to be very narrow, since hair cutting is clearly understood to be a singular activity and the equipment confines itself to manual or power operated tools for cutting hair.

Another example is "teaching apparatus" which could reasonably include everything from computer software, to notebooks, to videodiscs. However, "anesthetic delivery apparatus" is acceptable since the function or area of use of the apparatus can be reasonably understood to be very narrow and the goods are understood in the trade to refer to a limited set of items in the medical field such as the anesthetic machine, vaporizers, ventilators, and monitors.

Goods including the term "systems" may be acceptable if the goods are reasonably understood in the trade to be a recognized set of items that is often sold as one complete unit, such as "suspension systems for motor vehicles", which are specific ordinary commercial terms for the system of springs, shock absorbers and linkages that connect a motor vehicle to its wheels.

Goods including the term "products" may be acceptable if the goods are ordinary commercial terms for specific goods, such as "dairy products", which are considered to be foodstuffs made from milk that are sold through the same channels of trade in close proximity to each other.

II.5.4.7 Parts and Fittings

In general, "parts" and "fittings" are acceptable if the goods for which the "parts" and "fittings" are intended are acceptable pursuant to paragraph 30(a) of the Trade-marks Act. For example, "automobile parts" and "dish washer fittings" would be acceptable since "automobiles" and "dish washers" are each considered to be ordinary commercial terms for specific goods.

II.5.4.8 Devices

Where ordinary commercial terms for the goods cannot be found, the term "devices" may be acceptable if the field and function is provided and the goods meet the requirements of the three-part test described in section II.5.4.b of this Manual). For example, the Goods and Services Manual lists as acceptable the goods "medical devices for the qualitative detection of antibodies in human specimens collected as plasma or dried blood spots" and "electronic medical devices implanted in the eye to help restore vision".

II.5.4.9 Computer Software and Computer Programs

An identification of "computer software" or "computer programs" is not acceptable without further specification. The specific function of the computer software must be provided and, if the area of use is not obvious from the function of the computer software, the specific area of use should also be provided. Acceptable entries for computer software can be found in the Goods and Services Manual.

II.5.4.10 Discs and Other Blank or Pre-recorded Media, such as Magnetic Data Carriers

The goods "pre-recorded discs" and "pre-recorded magnetic data carriers" are not considered to be specific pursuant to paragraph 30(a) of the Trade-marks Act. The specific format of these goods must be described, e.g., "floppy disks", "hard disks", "CDs", "DVDs", "CD-ROMs" and "magnetic-stripe cards". The specific content of these goods must also be described, e.g., movies, music, photos, language instruction, computer games, hotel room key cards or phone cards.

Discs that contain pre-recorded media may also specify content by indicating the specific field of interest, followed by the words "containing topics", "featuring topics" or "containing information", e.g., "featuring topics related to the game of baseball", "containing topics of instruction in astronomy", "containing information in the field of trademarks". However, "topics in the field of business consulting" is not considered to be a specific field of interest since "business consulting" is a general term that encompasses a wide variety of topics.

If the content of the discs is described by indicating only a specific field of interest, it is understood that the primary purpose of the discs is to provide information. While the discs may include various audio-visual components, the Office considers that the discs do not contain software nor do they contain books, computer games, movies, music etc., unless the applicant explicitly states that they do.

If either the pre-recorded discs or the pre-recorded magnetic data carriers contain computer software, the function of the software must be provided and, if the area of use is not obvious from the function of the computer software, the area of use should also be provided.

Note: The goods "pre-recorded audiotapes", "pre-recorded videotapes", "pre-recorded videocassettes", "pre-recorded audio cassettes", "audio tape recordings" and "video tape recordings" are considered to indicate a specific format and specific content since the nature of the media limits the content to solely magnetic recordings of sounds and visual images and are therefore acceptable as indicated.

II.5.4.11 Pharmaceutical, Veterinary, Botanical, Nutraceutical, Homeopathic, Medicinal and Medicated Preparations, Remedies, Supplements, Extracts, Functional Foods, Enhanced Water, Medicinal Marijuana and Cannabis Oil

(See also the practice notice entitled Compliance with Paragraph 30(a) of the Trade-marks Act - Pharmaceuticals)

Goods that are described as "preparations", "remedies", or "supplements" for "pharmaceutical", "veterinary", or "medicinal" use, and similar descriptions of goods, are not considered specific pursuant to paragraph 30(a) of the Trade-marks Act. The fundamental principles for determining the acceptability of goods and services described in section II.5.4.b of this Manual apply equally to such goods, and consist of the ability to:

  • Assess whether paragraph 12(1)(b) of the Trade-marks Act applies;
  • Assess confusion with another mark; and
  • Assess whether accepting the goods as described will grant the applicant an unreasonably wide range of protection.

In addition to these principles, the Office of the Registrar, for the purposes of paragraph 30(a), requires such goods to be specified in greater detail by either:

  • Naming the disease; or
  • Specifying the disease group or type of disease, disorder or condition to be treated; or
  • By indicating the specific type of medication.

Veterinary pharmaceuticals, preparations or medicines are often divided into areas relating to specific animals or groups of animals, and often relates to the prevention rather than treatment of disease.  For example, "pharmaceutical preparations for the treatment of infectious diseases, namely respiratory infections, eye infections" require the type of "infectious diseases" to be specified. However, "veterinary pharmaceutical preparations for the treatment of infectious diseases in poultry" require only the type of animal or group of animals to be specified.

II.5.4.12 Intangibles

Intangibles such as "Web sites", "electricity", "domain names", "steam", "natural gas" and "waste gas" should not be listed in a statement of goods since they are considered to be services, such as the following from the Goods and Services Manual: "website design", "web hosting", "utility services transmission of electricity and natural gas", "energy recycling services that capture and converts wasted energy into electricity and useful steam", "utility services generation and distribution of electricity and natural gas", "selling domain names", "domain name registration", and "waste gas treatment services". Where an application lists such intangibles in the statement of goods, and it appears that the applicant may actually be offering services, the examiner will so advise the applicant.

II.5.4.13 Advertising, Promotion and Marketing – Benefit to a third party

(See also the practice notice entitled Compliance with Section 4 and Paragraph 30(a) Advertising, Marketing and Promotional Services)

In view of the Ralston Purina Co. decision, supra, examiners will question services where it is not clear that a real service is provided to the public. The criterion is whether a third party benefits from the service. For example, if the applicant's "advertising" and "marketing" services simply make the public aware of the applicant's own products, there is not considered to be a benefit to the public. In order to determine if the service is being offered to a third party, examiners may ask for further specificity by questioning the means or manner by which the service is provided. For example, the following would be considered acceptable:

  • "Database marketing services, in the form of compiling customer specific databases for marketing purposes and consulting, designing, printing, and collecting marketing information"
  • "Promoting the sale of credit card accounts through the administration of incentive award programs".

In circumstances where the public does benefit from promotional services, in spite of the fact that they relate to the promotion of the applicant's own goods and services, the services will be considered acceptable. For example, "providing coupon programs pertaining to a line of food products" is considered a service within the meaning of section 4 of the Trade-marks Act.

Examiners will question "cooperative advertising" as it is generally understood to be a cost sharing arrangement between the retailer and supplier for the advertising and promotion of their products.

In order to be acceptable, the statement of services must be described so that it is clear that the services are offered to a third party, and the services must be described in specific and ordinary commercial terms in compliance with paragraph 30(a) of the Trade-marks Act.

II.5.4.14 Services Related to the Electronic Transmission of Data

(See also the practice notice entitled Compliance with Section 30(a) — Programs - Data Transmission Services)

As a general rule, services including the term "data" such as "data transmission services", "electronic transmission of data", "data and voice telecommunications" or "electronic transmission of data and documents via computer terminals" or services that relate to data such as "delivery of messages by electronic transmission" or "electronic-store-and-forward messaging" are not acceptable without further specification since "data" in this context can include any information in numerical form that can be digitally transmitted or processed (including audio, video, voice, or any other form of data).

If the essential nature of the services involves providing data to customers, the applicant should set out the specific nature of the data (e.g., financial advice, client lists, video news show, music, etc.), and the general means by which it is communicated to the customer (e.g., online databases, online stores, Web sites, email, pager, or cellular text messages, etc.).

If the essential nature of the services involves providing the ability to communicate (i.e., transmission services), then the applicant should set out the specific means of communication (e.g., satellite, wireless, telephone lines, cable network, cellular, wide-area network, fax, etc.), and the general nature of the data transmitted. It is understood that the applicant may have limited control over the exact content being transmitted if they only supply the means of transmission.

II.5.4.15 Telecommunication-Related Services

Generally, services that include the term "telecommunications" (e.g., "telecommunication services"), or that relate to "telecommunication services" (e.g., "communication services", "information technology services", "electronic commerce services"), are not considered acceptable without further specification, since "telecommunication" in this context can include any communication at a distance. Therefore, services that either include the term "telecommunications" or relate to "telecommunication services" should specify the nature of the services (i.e., the specific type of communication) and the field of the services (i.e., area of business the applicant provides these services).

For example, the following would be considered acceptable:

  • "Providing multiple user access to a global computer network".

In certain circumstances, the services applied for are so specific that the area of business is obvious from the specific type of communication.

For example, the following would be considered acceptable:

  • "Videoconferencing services"
  • "Wireless digital messaging services"
  • "Personal Communication Services" or
  • "Radio broadcasting services".

II.5.5 Naming Date of First Use or Making Known — Paragraphs 30(b) or (c)

Consistency in the classification and grouping of goods or services into classes is extremely important as regards the date of first use of those goods or services. When an applicant seeks to register a trademark that has been used or made known in Canada, it is advantageous to specify the earliest date of use or making known which can be substantiated in association with the goods or services falling within each general class.

II.5.5.1 Use of a Trademark

The concept of use is important in order to establish a person's right to registration of a trademark and to ensure maintenance of that registration once obtained. See paragraph 18(1)(c) and section 45 of the Trade-marks Act.

Section 2 of the Trade-marks Act defines "use" in relation to a trademark to mean "any use that by section 4 is deemed to be a use in association with goods or services."

Pursuant to subsection 50(1) of the Trade-marks Act, use accrues to the applicant if, under certain conditions, use of the trademark is by a licensee. Wherever applicable, a predecessor in title must be named, indicating previous ownership. For example, in order to establish that use of the applicant's trademark in Canada has been continuous, the applicant must provide a list of all predecessors in title in descending order to cover the period from the date of first use to the present.

Subsection 4(1) states that "a trademark is deemed to be used in association with goods if, at the time of the transfer of the property in or possession of the goods, in the normal course of trade, it is marked on the goods themselves or on the packages in which they are distributed or it is in any other manner so associated with the goods that notice of the association is then given to the person to whom the property or possession is transferred."

As the words "normal course of trade" imply, the use must be by way of a normal commercial transaction. See the following cases:

  • Gordon A. MacEachern Ltd. v. National Rubber Co. Ltd. (1963), 41 C.P.R. 149.
  • Union Electric Supply Co. Ltd. v. Registrar of Trade Marks (1982), 63 C.P.R. (2d) 179.

The word "trade" in subsection 4(1) contemplates some payment or exchange for goods supplied. Free distribution of promotional material or advertising gimmicks displaying the mark may not be considered trade use. See the following cases:

  • C.I.S. Ltd. v. Sherren (1978), 39 C.P.R. (2d) 251 at 257-258.
  • Joseph E. Seagram & Sons Ltd. v. Corby Distilleries Ltd. (1978), 42 C.P.R. (2d) 264 at 267-268 (following Hospital World Trade Mark [1967] R.P.C. 595 at 598-599)
  • Ports International Ltd. v. Registrar of Trade Marks (1983), 79 C.P.R. (2d) 191 at 193.

Subsection 4(2) of the Trade-marks Act states that "a trademark is deemed to be used in association with services if it is used or displayed in the performance or advertising of those services."

This implies that services are in fact being provided or offered in Canada. Consequently services that are advertised in Canada must actually be performed in Canada. See the following cases:

  • Porter v. Don the Beachcomber (1966), 48 C.P.R. 280 at 287.
  • Marineland Inc. v. Marine Wonderland and Animal Park Ltd. (1974), 16 C.P.R. (2d) 97 at 109.

There is no definition of "services" in the legislation. Consequently, there is no distinction between primary, incidental or ancillary services. From the case law it would seem that as long as some members of the public receive a benefit from the activity, it may be considered a service. See the following cases:

  • Kraft Ltd. v. Registrar of Trade Marks (1984), 1 C.P.R. (3d) 457.
  • Carling O'Keefe Breweries of Canada Ltd. - Les Brasseries Carling O'Keefe du Canada Ltée trading as Carling O'Keefe Breweries v. Anheuser-Busch, Inc. (1985), 4 C.P.R. (3d) 216.
  • Ralston Purina Co. v. Effem Foods Ltd. (1997), 81 C.P.R. (3d) 528.

Subsection 4(3) of the Trade-marks Act states that "a trademark that is marked in Canada on goods or on the packages in which they are contained is, when the goods are exported from Canada, deemed to be used in Canada in association with those goods."

It has been stated that in the context of the Trade-marks Act as a whole, the words "exported from Canada" must be taken to mean "sent from Canada to another country in the way of commerce", or "transported from Canada to another country in the course of trade". See the following cases:

  • Molson Companies Ltd. v. Moosehead Breweries Ltd. (1990), 32 C.P.R. (3d) 363 at 372-373.
  • National Sea Products Ltd. v. Scott & Aylen (1988), 19 C.P.R. (3d) 481.

II.5.6 Trademark Agents and Representatives for Service

II.5.6.1 Trademark Agents

Rule 2 defines a trademark agent as a person whose name is entered on the list of trademark agents referred to in Rule 21 of the Trade-marks Regulations.

Rule 8(2) provides that correspondence concerning the prosecution of the application will be with a trademark agent, where the trademark agent has been authorized to act on behalf of the applicant in one of the following ways:

  1. the trademark agent files the application with the Registrar as the agent of the applicant;
  2. the trademark agent is appointed as the agent of the applicant in the application or an accompanying document; or
  3. the trademark agent is appointed as the agent of the applicant after the application is filed.

As per Rule 11(1), the appointment of a trademark agent need not be made in writing, but the Registrar may require the agent to file a written authorization from the person or firm that the agent claims to represent, where the circumstances described in any of Rules 8(2)(a) to (c) have not occurred or the appointment has not been clearly established.

Note: Rule 9 provides that where a trademark agent is not a resident of Canada, the agent shall appoint an associate agent who is a resident of Canada, and where an associate trademark agent is not appointed, the Registrar shall correspond with the applicant.

II.5.6.1.1 Inactive Agents

No correspondence should be sent to or received from an inactive agent. An "inactive agent" is an agent whose name has been removed from the list of trademark agents pursuant to Rule 22(3) of the Trade-marks Regulations. In such cases a letter should be sent directly to the applicant to inform them of the situation.

The correspondence will be sent directly to the applicant, a copy of which will be sent to the inactive agent, indicating that the Trademarks Office cannot correspond with the agent since the agent is inactive. Please note that examiners must amend the correspondence MANUALLY to indicate the applicant's name and address instead of the agent's.

In all cases, should the agent be inactive but a representative for service is appointed on the file, the Office will correspond with the applicant c/o the representative for service.

II.5.6.2 Representatives for Service

Section 2 of the Trade-marks Act defines a representative for service as the person or firm named under paragraph 30(g), subsection 38(3), paragraph 41(1)(a) or subsection 42(1) of the Trade-marks Act.

Paragraph 30(g) requires that if the applicant has no office or place of business in Canada, the applicant must provide the name and address in Canada of a person or firm to whom any notice in respect of the application or registration may be sent, and on whom service of any proceedings in respect of the application or registration may be given or served with the same effect as if they had been given to or served on the applicant or registrant himself.

Note: Since Rule 8(1) of the Trade-marks Regulations provides that "correspondence relating to the prosecution of an application for the registration of a trademark shall be with the applicant," a representative for service cannot act on behalf of the applicant. Therefore, where a trademark agent has not been appointed, correspondence concerning the prosecution of the application will be with the applicant, in care of the address of the representative for service.

If paper or electronic correspondence is received from the representative for service, a letter should be sent directly to the applicant to inform them of the situation, a copy of which will be sent to the representative for service, indicating that the Trademarks Office can only correspond with the applicant or their agent.

In such cases, and if the applicant's response date has lapsed, the applicant will be considered in default in the prosecution of the application and will be granted a two-month period to provide a proper response.

If the applicant's response date has not lapsed, the applicant will still be considered in default in the prosecution of the application, however will have the remainder of the period to provide a proper response.

II.5.6.3 Name and Address Changes

A list will be kept for all trademark agents and representatives for service.

All name and address changes for a trademark agent or representative for service will be handled by the Formalities Section.

The trademark agent or representative for service will not be required to supply a list of affected trademarks (registered or pending).

The change will be reflected on all trademark applications and registrations for which the person or firm acts as the trademark agent or representative for.

Paper files and existing paper documents will not be amended to reflect the change. However, the new name and/or address will appear on subsequent correspondences.

If the individual or firm wishes to be entered as the trademark agent and the representative for service, it should be clearly stated in the correspondence.

II.5.7 Applicant's Statement of Claim of Entitlement — Paragraph 30(i)

Pursuant to paragraph 30(i) of the Trade-marks Act, the application must include the statement that "the applicant is satisfied that he is entitled to use the trademark in Canada in association with the goods or services described in the application". This establishes that all information and supporting evidence, including revisions or additions of same, have been submitted in good faith, and that the application as it stands is approved by the applicant. See also section IV.8 of this Manual.

II.5.8 Signature of Applicant

A signature is not required for filing a trademark application. The Trademarks Office will also accept trademark applications and letters of prosecution which have been stamped with electronic signatures such as those currently used by a number of firms.

An application by a partnership may be signed by one of the partners if the partners are named. If the partnership comprises general and limited partners, the application may be executed by a partner who can bind the partnership. An application by a corporation may be signed by an officer authorized to sign on its behalf, and the title of the signing officer should be provided. A trademark agent may also sign on behalf of the foregoing entities. The signature of each of the parties in a joint venture may be affixed to the application, unless it is signed by their trademark agent.

II.6 Content Appearing in Some Applications

II.6.1 Predecessor in Title — Paragraphs 30(b), (c) and (d)

Pursuant to subsection 50(1) of the Trade-marks Act, use accrues to the applicant if, under certain conditions, use of the trademark is by a licensee. Wherever applicable, a predecessor in title must be named, indicating previous ownership. For example, in order to establish that use of the applicant's trademark in Canada has been continuous, the applicant must provide a list of all predecessors in title in descending order to cover the period from the date of first use to the present.

II.6.2 Drawings — Paragraph 30(h) and Rules 27(1) and 28

(See also section II.5.3 of this Manual and the practice notice entitled Compliance with Paragraph 30(h) - Marks in a Special Form)

Paragraph 30(h) of the Trade-marks Act provides that unless the application is for the registration of only a word or words not depicted in a special form, a trademark application shall contain a drawing of the trademark and such number of accurate representations of the trademark as may be prescribed. Drawings will be required in the following instances:

  1. The mark is a word composed of any lower case lettering and the lower case lettering is a feature of the trademark.
  2. The word(s) appears in any special arrangement other than on horizontal lines.
  3. A claim to specific colour or colours is made in respect of the whole or part of the mark and the drawing is lined for colour.
  4. The word(s) includes foreign language accents other than those used in the French language. Because Canada recognizes both French and English as its official languages, accents used in the French language are not considered to be design characteristics although accents in other languages may be.
  5. The mark is comprised of foreign characters. (Note: Pursuant to Rule 29, the applicant must provide both a translation and transliteration which will be included in the particulars of the application upon its advertisement in the Trademarks Journal.)

Furthermore, the Office does not consider that an application for the registration of a word or words is in special form merely because it includes any of the following punctuation marks:

the period (.), the question mark (?), the exclamation mark (!), the comma (,), the semicolon (;), the colon (:), the ellipsis (…), parentheses ( ), brackets [ ], quotation marks (" "), single quotation marks (' '), inverted commas ( ‘ '), the dash (-), the asterisk (*), the diagonal (/ \), the dollar sign ($), and the underscore ( _ )

Accordingly, the inclusion of any punctuation marks commonly found on an English or French keyboard will not render the trademark to be in special or design format.

II.6.2.1 Form and Size — Rule 27(1)

The Trademarks Office electronically captures all designs submitted with applications and makes these available for viewing and searching through electronic means. To help ensure that the Office can capture a good quality image of the design, the original should be produced in a high resolution and/or of a good quality. The size should be limited so as to meet the space requirements for reproduction in the Trademarks Journal. Currently, the graphical file must be in TIFF format and be smaller than one megabyte in size to be accepted by the electronic filing system.

The drawing is a representation of the essential constituents of the trademark and therefore should not be enclosed in a rectangle or circle or the like, unless these are features of the mark as used or proposed for use. Neither should the following appear on the drawing: the words "Marque de fabrication", "Marque Déposée", "MD", "Trademark", "TM", "Trademark Pending" or "Trademark Registered" in full, or in abbreviated form, or the "R" symbol enclosed in a circle (®).

Matter which may be associated with trademarks on the packages or containers in which goods are offered for sale, but which is not a component of the mark, should not appear on the drawing. Examples of such matter include listings of ingredients, size, weight, volume, alcoholic content, the address of applicant, phone and fax numbers. Examiners may either ask for authorization to delete such matter from the drawing on file or request a revised drawing.

II.6.2.2 Drawings Lined for Colour — Rule 28

Where colour is claimed as part of the trademark for which protection is sought, the applicant should so indicate by describing the colour claims and, if such description is not clear, by lining the drawing for colour in accordance with the colour chart shown below pursuant to Rule 28(2) of the Trade-marks Regulations. Stippling, light and heavy lining, shades of grey, or anything similar which may appear on the drawing will not be regarded as possible colour features of a trademark by examiners, unless there is some other indication that the color grey may be a feature of the trademark, such as the description of the mark as indicated on a certified copy of a foreign registration.

If the drawing furnished with the application is lined and the application contains no reference to a colour claim, examiners will inquire as to the purpose of the lining on the drawing, i.e., whether colour is a feature of the trademark. If colour is claimed as a feature of the trademark, the applicant will be required to provide a statement to the effect that "Colour is claimed as a feature of the trademark and the drawing is lined for the colour(s)…" with the specific colour or colours indicated. This statement is understood to be a claim to colour as an integral part of the trademark, and therefore will be included in the particulars of the application when advertised, and of the registration.

The applicant may also respond with the statement that "The lining is a feature of the mark but does not indicate colour" or that "The lining is used to indicate shading but colour is not a feature of the mark." These statements will also be included in the advertisement of the mark and the registration particulars since they serve to clarify the purpose of the lining.

If an applicant states that the drawing is lined for colour, e.g., red, but the colour red is not claimed as a feature of the mark, the statement that "The drawing is lined for the colour red but the colour red is not claimed as a feature of the trademark" which will be included in the particulars of the application upon its advertisement in the Trademarks Journal.

II.6.2.3 Colour — Word Description

(See also the practice notice entitled Colour Claims: PANTONE)

Paragraph 30(h) of the Trade-marks Act provides that unless a trademark application is for word(s) not depicted in special form, it must contain a drawing of the trademark and such number of accurate representations of the trademark as may be prescribed. If the applicant claims colour(s) as a feature of the trademark, Rule 28 of the Trade-marks Regulations requires that the said colour(s) must also be described.

In Apotex Inc. v. Searle Canada Inc. (2000), 6 C.P.R. (4th) 26 (F.C.T.D.), Rouleau J. set out the rationale behind paragraph 30(h) and the requirement for precision in a trademark application:

The onus is on the applicant for a mark to show its compliance with this requirement of the legislation. The drawing submitted must be a meaningful representation of the applicant's mark in the context of the written description appearing in the application …. The rationale behind these statutory requirements is that a trademark registration is a monopoly and must therefore be precise in terms of its scope.

Where the colour claim is for a colour not found in Rule 28 of the Trade-marks Regulations, if applicable, the applicant is required to include a description of the colour code and reference system for each colour(s) claimed. Should the name of the colour system be the subject of a registered mark, the name of the colour system must be set out in uppercase letters and must include the statement that the name of the colour system is a registered trademark. The following is an example of an acceptable description: "the colour turquoise (PANTONE 15-5519)" is claimed as a feature of the mark. "PANTONE is a registered trademark".

While the Office does not endorse or recommend any one colour identification system, any colour reference used should be easy to identify and reproduce by the general public.

If the application contains a colour description which is readily visualized and clear, examiners will not require lined drawings.

  • Example 1: "The upper band is yellow. The central band is green. The lower band is red."
  • Example 2: "The letters are blue on a white background. The lower panel is red with the leaf in white."

If, however, the application contains a colour description that is not readily visualized, examiners will request that lined drawings be furnished.

  • Example: "The leaves and border are green and orange. The flowers and ribbon are pink, yellow and mauve."

II.6.3 Specimens — Rule 29(c)

While specimens are not required to file an application, Rule 29(c) of the Trade-marks Regulations provides that the Registrar may require an applicant to furnish a specimen of the trademark as used. Specimens are required in some cases since the information provided on actual labels, packages, displays and the like may help examiners to more clearly understand the nature of the goods or services associated with the trademark. If there is any discrepancy between the trademark as applied for and the specimen submitted, examiners will request clarification before proceeding.

If colour is claimed as a feature of the trademark in the application, the specimen submitted should be in the colour(s) claimed.

When actual labels, containers or displays showing the trademark as used cannot be sent because of size or material limitations, photographs of the goods, labels, containers, etc., will suffice. Specimens such as stampings, dies, invoices, or mailing labels may be acceptable as long as they show the trademark as used.

Applicants should not send valuable items or containers such as aerosol spray cans, the former because they risk being damaged or lost, the latter because they are dangerous if punctured or exposed to heat. Business cards or letterheads may be submitted as specimens to show trademark use in association with goods or services. An applicant may also submit a flyer or an invoice as long as it shows the mark as used in association with the goods or services.

II.6.4 Nice Classification

The Nice Classification is an international classification of goods and services consisting of a list of 34 classes for goods and 11 for services established by the Nice Agreement.

Trademark examiners will conduct research on how goods and services are used in the trade in order group them according to the classes of the Nice Classification.

While goods or services must be stated "in ordinary commercial terms" and "specific", even where goods or services are considered to comply with paragraph 30(a), additional details may be required in order to be grouped according to the classes of the Nice Classification.

The Goods and Services Manual should always be consulted in order to ascertain the exact classification of goods or services. However, for goods or services not found in the Manual, examiners will consult the Class Headings and Explanatory Notes, as well as the General Remarks of the Nice Classification to determine the appropriate class for particular goods or services. 

Editions

When a new edition of the Nice Classification is in place, any changes apply only to Canadian applications filed on or after the effective date of the change.

When an application has been filed prior to the effective date of the new edition, applicants have the option of remaining in compliance with the edition of the Nice Agreement that was in effect at the date of filing or amending the application to comply with the current edition during examination.

An applicant may voluntarily submit an amended application to bring it in line with the current edition of the Nice Classification. However, if an applicant choses to do so, the application must conform to the current edition for ALL the goods or services in the application. Applicants cannot choose to have some goods or services conform to the current edition and other goods or services conform to the requirements of a previous edition.

II.6.4.1 Grouping Goods and Services According to the Nice Classification

Goods or services that could have a number of uses should generally be classified in a single class according to their primary function. If goods or services are normally in a particular class, applicants cannot obtain registration in another class merely by identifying a use or purpose for which the goods or services could then fall into another class or classes.

For example, "essential oils" are classified in Class 3.  This cannot be in Class 1 even if the applicant indicates that it is used in the manufacture of other finished products. An "essential oil" is always placed in Class 3 regardless of its ultimate use. 

However, if it can be shown that goods or services could have a number of uses, then two or more classes could be appropriate. The statement of goods or services must clearly indicate the basis for the multiple Nice classification with language that is appropriate to the respective classes. 

For instance, the identification of "clock radios" could be classed in Class 9 with respect to "radios" and "Class 14" with respect to clocks. Examiners should not question the classification by an applicant as long both indicated classes are correct; or the individual goods or services are in an appropriate class. In this case, either Class 9 or 14 or both would be appropriate.

However, where applicants have not indicated an appropriate class, examiners will need to request confirmation.

For example, if the "clock radio" is primarily a radio which incorporates a clock (in Class 9) or if it is primarily a clock which incorporates a radio" (in Class 14), a "clock radio" cannot be placed in any other class.

Services are typically classified according to the branches of activities and their field of use. However, certain services can be placed in multiple classes on the basis of the purpose for which the services activity is rendered. In those cases, the purpose of the activity will determine classification.

For example, the term "business planning" which would normally be in Class 35, but if it concerns any financial aspect of "business planning" then it could be placed in Class 36.

Since the Goods and Services Manual accepts "business planning" as acceptable, examiners will not question the services if the applicant has placed "business planning" in Class 35.

Where the applicant has not indicated an appropriate class, examiners will request an applicant confirm the purpose for which the service is being rendered.

For example, an examiner will require further clarification of the services if an applicant places "business planning" in Class 36, as it will be necessary for the applicant to identify the type of business planning being done to justify its placement in this class, such as "business planning, namely, investment planning".

II.6.4.1.1 Material composition

As mentioned above, a finished product is typically classified according to its function and purpose. However, if a statement of goods is specific, but the goods could be placed in more than one class depending on the material composition, then the applicant should identify the material composition of the good.

For example, while the goods "statues" are considered to be in ordinary commercial terms for specific goods, they must be further defined in order to be grouped into the appropriate class. The classification of goods such as "statues" will depend upon its material composition. For example, "statues of non-precious metal" in Class 6; "statues of precious metal" in Class 14; statues made of wax, wood, plaster, or plastic would fall into Class 20; and "statues made of glass or porcelain" in Class 21.

However, where an item is made for a particular industry, despite the fact that knowledge of that industry would indicate that the goods would be made from various materials, the precise material composition may not be required. For instance, structural parts of an automobile can be made of metal or plastic, but an examiner would not question the material composition of the parts, since automobile parts would be placed in Class 12.

II.6.4.1.2 Additional considerations

Reference to other classes

Care must be taken to avoid statements such as "transport services of all goods in Classes 32 and 33" or "computer software in the field of services in Classes 41 and 45" are not acceptable. While "transport services" and "computer software" can still be grouped according to the classes of the Nice classification, these statements are not considered to be in ordinary commercial terms for specific goods or services. The applicant must state the goods being covered in Classes 32 and 33, e.g., "food transportation services" and must identify the services in Classes 41 and 45, e.g., "computer software for computer virus protection".

The exclusion of other classes, such as "goods not included in other classes", is also not acceptable since such wording is not considered to be ordinary commercial terms for specific goods.

Class and Context

In some cases, the context of the goods or services within a particular class may serve to clarify an otherwise unacceptable statement of goods or services. When a statement of goods or services includes a term that has multiple meanings, the class in which it is placed can aid an examiner to determine the meaning of the good or service.

The statement "pants, jeans and mufflers" in Class 25 would not require further clarification, as the class and context serves to indicate that the applicant is seeking registration for clothing and not for engine mufflers in Class 7.

However, if the applicant simply applied for the goods "mufflers" alone, this statement is void of context and will need to be redefined pursuant to paragraph 30(a). Once redefined, the examiner will then be in a position to determine if the applicant has placed "mufflers" in the appropriate class. If the classification is incorrect, the examiner will either inform the applicant that the classification is incorrect if issuing a report or simply approve the application without reference to the Nice class.

The goods "skin lotions" are understood to mean cosmetics in Class 3 and are therefore not medicated. However, if the goods are medicated, the "skin lotions" must be further defined to justify their placement in Class 5. See also section II.5.4.11 of this Manual for more information on defining medicated products.

Lastly, care must be taken concerning the scope of goods or services when viewed in the context of the class in which it is applied for. For example, an application for various articles of "clothing" in Class 25 would not include "articles of clothing for protection against accidents" in Class 9. Similarly, an application for various types of "cases" in Class 18 could not include within its scope "violin cases" in Class 15.

II.6.4.2 Kits, Gift Baskets and Goods Sold as a Unit

Goods such as "kits", "gift baskets" and goods described as being "sold as a unit" must comprise goods belonging to a single class.

The Office classifies "kits" according to their purpose, e.g., "nail care kits" in Class 3, "first-aid kits" in Class 5, "sewing kits" in Class 26 and "Easter egg colouring kits" in Class 28.

Accordingly, "kits" that have no stated purpose need to list the items of which the kit is composed. Moreover, if a kit having no stated purpose is composed of goods that can be classified in various classes, the applicant must list each good under its appropriate class.

The same process for "kits" should be applied to the classification of "gift baskets". For example, "gift baskets of fresh fruits" will be placed in Class 31, the Class which contains fruit. However, for "gift baskets containing cheese, crackers and wine", the applicant would have to list each good under its appropriate class, e.g., "gift baskets containing cheese" in Class 29, "gift baskets containing crackers" in Class 30, and "gift baskets containing wine" in Class 33.

Similarly, goods comprising items that are "sold as a unit" must comprise goods belonging to a single class, e.g., "computer software for tax preparation and electronic instructional manuals sold as a unit" would be placed in Class 9.

Acceptable Nice Classes for kits, gift baskets and items sold as a unit can be found in the Goods and Services Manual.

II.6.4.3 Examiner correspondences
No classes indicated

Where appropriate, examiners will inform applicants that the Trade-marks Office has begun accepting the International Classification of Goods and Services for the Purposes of the Registration of Marks ("the Nice Classification") established by the Nice Agreement and administered by the World Intellectual Property Organization ("WIPO").

Examiners will inform trademark owners that they now have an option to voluntarily amend their trademark applications and registrations to group their goods and services according to the classes of the Nice Classification.

Incorrect classes indicated with other objections or requirements

A trademark application will retain the class numbers identified by the applicant until the application has been assigned to an examiner.

After considering all substantive objections, the examiner will review the goods and services to ensure the applicant provided the proper Nice class. If the examiner cannot determine the proper Nice class, the examiner will issue a report wherein the examiner will also request a revised application to correct the Nice class.

Should the trademark owner choose not to amend the grouping of the goods and services according to the examiner's instructions, the application or registration will proceed without any classes of the Nice Classification.

Incorrect classes with no outstanding objections or requirements

Examiners will assess goods or services that have been grouped according to the Nice Classification.

Where there are no outstanding objections or requirements, and the goods or services are correctly grouped according to the Nice Classification, the classes will be entered into the database.

However, where there are no outstanding objections or requirements but the goods are incorrectly grouped according to the Nice Classification, the application will be approved for advertisement without indication of any Nice classes. Since the legislative provisions regarding Nice Classification are not yet in force, the Office does not have the authority to request the applicant to conform to these provisions.

Additional information for classification

Class 1

While chemicals for use in industry and other general applications are typically found in Class 1, this can vary when a particular use is indicated. For example, hydrogen peroxide is in Class 1, while hydrogen peroxide for cosmetic purposes is in Class 3 and hydrogen peroxide for medical purposes is in Class 5.

Many products in this class are chemicals used for the manufacture of a finished product. However, the finished product would be placed in a different class.  For example, unprocessed artificial resins that take the form of viscous liquids are in Class 1, but when the artificial resins are manufactured into semi-finished product, they are placed in Class 17 [ie: artificial resins in the form of a rod or sheet].  Further manufacture would then turn these semi-finished products into finished goods that can typically be found in Class 20.

As you will note from the Class Heading, manures are also included in this class. Therefore, similar products for enhancing plant growth are also found in this class. However, pesticides, fungicides and herbicides are in Class 5 because their primary function is to prevent and treat plant diseases, despite the fact that the use of these products could result in plant growth.

Class 2

Chiefly, paints, varnishes, lacquers and preparations that are used as coatings either for decorative or protective purposes are placed in Class 2.  However, protective coatings in Class 2 are usually in the form of paints or oils used on wood or to prevent rust. Oils for the preservation of masonry and leather are in Class 4 with the industrial oils.  Materials for making and coating roads, fireproof cement coatings, bituminous coatings for roofing and road coatings can be found in Class 19 as these are types of building materials and their primary use is in building construction.

Raw natural resins are in Class 2, as they are considered to be used in primers, protective coatings, paints, lacquers and varnishes but unprocessed artificial resins are in Class 1 and artificial resins as a semi-finished product is in Class 17.

If we look at the Explanatory Note, Class 1 includes mainly "chemical products used in industry, science and agriculture, including those which go to the making of products belonging to other classes". The term "chemical products" refers to man-made as well as natural products. This would then include synthetic products such as artificial resins and of natural products or raw materials such as raw salt, protein, albumin and lactose.

However, certain natural materials in their raw state are not in Class 1 due to their function or because they are closely associated with goods belonging in other classes. The following are some examples:

  • natural resins in Class 2;
  • wax and petroleum in Class 4;
  • rubber in Class 17; and
  • chalk in Class 19.

Mordants can also be found in Class 1 and Class 2. The mordants in Class 1 are corrosive chemicals (usually acids) used primarily for etching and the mordants in Class 2 are those used to prepare a surface to accept a dye. As with the raw natural resins, the function of these mordants and their close association with other Class 2 goods justifies their inclusion in Class 2 rather than in Class 1.

Class 3

Class 3 covers non-medicated soaps, non-medicated cosmetic products, non-medicated personal hygiene products and general cleaning or polishing preparations. However, the function of the cleaning and polishing preparations needs to be considered to determine the appropriate class. As seen with hydrogen peroxide in Class 1, ammonia is in Class 1 when used for industrial purposes, but in Class 3 when used as a detergent. Lotions and soaps are in Class 5 when used for pharmaceutical purposes, but in Class 3 when used for non-medical cosmetic purposes.

However, essentials oils are always placed in Class 3 despite their function or purpose.

Most of the items in this class are a type of preparation, but there are some products that have been placed in this class because they are either used for cleaning purpose or are impregnated with a preparation in Class 3. The following are some examples:

  • abrasive paper;
  • alum stones;
  • cotton sticks;
  • pumice stones; and
  • cloths impregnated with a non medicated cosmetic lotion or a detergent for cleaning.

Since Class 3 typically covers preparations, most cosmetic and cleaning devices for household use are usually found in Class 21, such as electric toothbrushes and combs.

Class 4

Class 4 is predominantly industrial oils, greases and lubricants, as well as fuels and illuminating substances.

Candles and wicks for lighting are in Class 4, even if they are scented, as they are considered to be illuminants and the illuminant that makes them work is wax.

This class also includes dust absorbing, wetting and binding compositions and these are included in Class 4 because they are usually oil- or grease-based products. [ie: for sweeping roads or in buildings to avoid that dust keeps floating in the air.] These products can also be used to absorb and prevent chemical spills from expanding and damaging the environment.

However, machines, apparatus and lamps that use Class 4 fuels and illuminants are not placed in Class 4. For example, all lamps powered by fuel for lighting are in Class 11.

Class 5

The majority of goods in Class 5 are pharmaceutical, veterinary and sanitary preparations. As such, all types of dietary supplements are also placed in Class 5.

It is important to note that foodstuffs and beverages, such as cereal bars and meal replacement beverages, that contain dietary supplements, or that are lower in calories, salt, sugar or fat, are classified in Class 5 only if they are specified as being for medical or veterinary purposes. If they are not designated as being for medical or veterinary use, they must be classified in the appropriate food or beverage classes 29, 30, 31 or 32.

Another thing to consider is that the sanitary preparations in Class 3 are non-medicated and used in cleaning or grooming [i.e.: non-medicated soaps and non-medicated shampoos], but sanitary preparations for medical purposes are in Class 5 as they are used to sterilize or disinfect [i.e. medicated shampoos, medicated soaps, medicated lotions and medicated dentifrices].

As mentioned previously, disinfectants, preparations for destroying vermin, fungicides and herbicides are also in Class 5 because they destroy harmful microorganisms, animals and vegetation, thereby contributing to the prevention of human, animal or plant diseases.

Blood, living tissues and biological tissue cultures are also in Class 5 when they are specified as being for pharmaceutical, medical or veterinary purposes, if not, they are placed in Class 1 if they are for industrial or scientific purposes.

There are some finished products in Class 5, such as babies' diapers and bandages for dressings. These were placed in this class because in French, "produits hygiéniques" also refers to women's menstrual products. Therefore, based on this part of the Class Heading, absorbent pants and napkins for incontinence and babies' diapers were placed in this class.

Generally, medical apparatus are placed in Class 10, such as bandages used to support muscles or any part of the body, or for orthopædic purposes.

Class 6

Class 6 includes unworked or semi-worked materials, namely common metals and their alloys, and ores. It also includes finished goods that are classified in this class due to their material composition.

As mentioned previously, goods that cannot be classified according to function or purpose are classified according to the material of which the goods are made. (See: II.6.4.1.1 Material composition.)

Therefore, if these goods are made of common metal, they belong in Class 6. An example of these types of products are figurines and statuettes, as their function or purpose cannot be identified in any of the Class Headings or Explanatory Notes. Therefore, they are classified according to their material composition. For example, in Classes 6, 14, 16 or 19 if they are made, respectively, of common metals, precious metals, paper, or marble. See the Goods and Services Manual for more examples.

As such, identical items can be placed in Class 6 when the goods are made of metal and in another class when not made of metal. Generally, building materials and hardware of metal are in Class 6, while building materials not of metal are in Class 19 and non-metal hardware is in Class 20.

As many of these items can be composed of both metal and non-metal components, classification will depend on the predominating component.

Goods made of common metal should not be in Class 6 if they can be in another appropriate class regardless of material composition. For example, machines, motors and engines should not be classified in Class 6 even though they may be made primarily of metal. Goods of this nature should be placed in Class 7.

A good way to remember what should be placed in this class is that goods in Class 6 are goods made of metal that do not perform a task (inert pieces of metal). Goods that perform a task are typically found in other classes like machines in Class 7 and tools in Class 8.

Class 7

This class primarily covers power-driven machines and machine tools, parts of those machines, motors and engines and parts of motors and engines and should be considered together with Classes 8 and 12.

The machines and machine tools in Class 7 are usually industrial or household machines that use mechanical or electrical power to perform a task such as cleaning, cutting, shaping, welding, drilling, pumping, assembling and loading/unloading.

Therefore, the classification of a tool depends on its mode of operation. In theory, power-operated tools are in Class 7 while hand-operated hand tools are in Class 8. For example, "hammers" are in Class 8 and "electric hammers" would be in Class 7. However, there are certain hand tools or implements that are placed in Class 8 even if they are electric, like depilation appliances, nail clippers and razors. They are not in Class 7 because they do not fit in the concept of machines or machine tools.

Parts of machines are also classified in Class 7. Goods that normally belong in other classes, such as hammers mentioned above and brushes in Class 21, are placed in Class 7 when they are specified as being a "parts of a machines".

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