Practice Notice: Statutory Holidays

Note: This practice notice is intended to provide guidance on current Canadian Intellectual Property Office (CIPO) practice and interpretation of relevant legislation. However, in the event of any inconsistency between this notice and the applicable legislation, the legislation must be followed

• Time limits under the Patent, Trade-marks, Industrial Design, Copyright and Integrated Circuit Topography Acts
• Time limits under the Patent and Trade-marks Act
• Time limits under the Patent Cooperation Treaty
• Provincial and Territorial Holidays
• When Patent and Trade-marks Offices are closed for business

Time limits under the Patent, Trade-marks, Industrial Design, Copyright and Integrated Circuit Topography Acts

In accordance with section 26 of the Interpretation Act, any person choosing to deliver a document to a designated establishment (including CIPO's offices in Gatineau, Quebec; an Industry Canada regional office; or a Registered Mail establishment) where a federal, provincial or territorial holiday exists, is entitled to an extension of any time limit for the filing of the document that expires on the holiday, until the next day that is not a holiday. It is to be noted, in respect of provincial and territorial holidays, that the entitlement to the extension is dependent on the establishment to which the document is delivered and not on the place of residence of the person for whom the document is filed or of their agent. For this purpose, documents transmitted to CIPO by electronic means, including by facsimile, would be considered to be delivered to CIPO's offices in Gatineau, Quebec.

CIPO has no practical way of keeping track of the establishment to which documents are delivered. Accordingly, where a person has a time limit for the filing of a document that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, CIPO will assume that the document was delivered to an establishment that would justify an extension of the time limit. In such circumstances, it will be the responsibility of the person filing the document to ensure that he or she is properly entitled to any needed extension of the time limit.

Time limits under the Patent and Trade-marks Acts

In addition to the extensions of time limits referred to above, in accordance with subsection 78(1) of the Patent Act and subsection 66(1) of the Trade-marks Act, any patent or trade-mark time limit that expires on a day when the Patent and Trade-marks Offices are closed for business is deemed to be extended to the next day when the offices are open for business. All persons are entitled to these extensions regardless of their place of residence or of the establishment to which documents are delivered. No equivalent provisions exist under the Industrial Design, Copyright or Integrated Circuit Topography Acts.

Time limits under the Patent Cooperation Treaty

Rule 80.5 of the Regulations under the PCT provides:

If the expiration of any period during which any document or fee must reach a national Office or intergovernmental organization falls on a day:

1. on which such Office or organization is not open to the public for the purposes of the transaction of official business;
2. on which ordinary mail is not delivered in the locality in which such Office or organization is situated;
3. which, where such Office or organization is situated in more than one locality, is an official holiday in at least one of the localities in which such Office or organization is situated, and in circumstances where the national law applicable by that Office or organization provides, in respect of national applications, that, in such a case, such period shall expire on a subsequent day; or
4. which, where such Office is the government authority of a Contracting State entrusted with the granting of patents, is an official holiday in part of that Contracting State, and in circumstances where the national law applicable by that Office provides, in respect of national applications, that, in such a case, such period shall expire on a subsequent day;

the period shall expire on the next subsequent day on which none of the said four circumstances exists.

CIPO takes the position that section 26 of the Interpretation Act applies to PCT international applications filed in Canada. Accordingly, where a person has a time limit under the PCT for the filing of a document in Canada that expires on a provincial or territorial holiday but only delivers the document on the next day that is not a holiday, CIPO will assume that the document was delivered to an establishment that would justify an extension of the time limit. CIPO, however, takes no position as to whether such extensions would be recognized by other countries; the responsibility of the person filing the document to ensure that it is he or she is entitled to any needed extension of the time limit in other countries in accordance with Rule 80.5 of the Regulations under the PCT or some other applicable law.

Provincial and Territorial Holidays

For the purposes of this practice notice, CIPO has identified the following as being days that are not federal holidays but that are holidays in one or more provinces or territories:

1. Alberta: Third Monday in February (Alberta Family Day)
2. British Columbia: First Monday in August (British Columbia Day)
3. New Brunswick: First Monday in August (New Brunswick Day)
4. Newfoundland and Labrador:
   • March 17 (St. Patrick's Day)
   • April 23 (St. George's Day)
   • June 24 (Discovery Day)
   • July 12 (Orangemen's Day)
   • Regatta Day (usually in August)
5. Nova Scotia: First Monday in August (Civic Holiday)
6. Ontario: 1st Monday in August (Civic Holiday)
7. Prince Edward Island: First Monday In August (Civic Holiday)
8. Quebec: June 24 (St. John the Baptist Day)
9. Saskatchewan: First Monday in August (Saskatchewan Day)
10. Yukon: Third Monday in August (Discovery Day)

When Patent and Trade-marks Offices are closed for business

For the purposes of subsection 78(1) of the Patent Act and subsection 66(1) of the Trade-marks Act, the Patent and Trade-marks Offices are closed for business on the following days:

If December 26 falls on a Saturday, the Patent and Trade-marks Offices will be closed on the following Monday. If December 26 falls on a Sunday or Monday, the Offices are closed on the following Tuesday.

*If any of these holidays fall on a Saturday or Sunday, the Patent and Trade-marks Offices will be closed on the following Monday.