Olympic (1976) Act

An Act respecting the 1976 Summer Olympic Games Preamble WHEREAS the Summer Olympic Games are to be held in Canada in 1976 for the first time in the history of the Olympic Games and it is desirable to facilitate the holding of the 1976 Summer Olympic Games and to commemorate the event; AND WHEREAS there is a domestic and international market for coins and stamps commemorating events of this kind among both collectors of coins and stamps and people interested in acquiring souvenirs; AND WHEREAS the existing law respecting lotteries limits the effectiveness of a lottery in Canada as a means to assist the financing of the 1976 Summer Olympic Games and the development of amateur sport in Canada; NOW THEREFORE Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: Short title This Act may be cited as the Olympic (1976) Act. Definitions In this Act, Olympic means the 1976 Summer Olympic Games; (Jeux olympiques) Olympic coin means a special coin commemorating the Olympic issued under the authority of section 3; (pièce des Jeux olympiques) Olympic Corporation means the Organizing Committee of the 1976 Olympic Games, a body corporate incorporated under the laws of the Province of Quebec; (Société des Jeux olympiques) Olympic stamp means a special postage stamp commemorating the Olympic issued under the authority of section 6. (timbre des Jeux olympiques) Olympic commemorative coins Notwithstanding section 5 of the Currency and Exchange Act, the Governor in Council, on the recommendation of the Minister of Finance, may by proclamation authorize the issue for circulation in Canada of silver coins bearing the respective dates of 1973, 1974, 1975 and 1976 of the denominations of $5 and $10 commemorating the Olympic. Gold Olympic coins Notwithstanding sections 4 and 5 of the Currency and Exchange Act, the Governor in Council, on the recommendation of the Minister of Finance, may by proclamation authorize the issue for circulation in Canada of gold coins of the denomination of one hundred dollars commemorating the Olympic and bearing the date 1976. Standards of coins Each Olympic coin shall be of such standard weight, standard millesimal fineness and remedy allowance as the Governor in Council may prescribe in respect thereof. Legal tender Subject to this section, a tender of payment of money in gold Olympic coins is a legal tender if it is made for payment of an amount not exceeding one hundred dollars, but for no greater amount; and a tender of payment of money in silver Olympic coins is a legal tender if it is made for payment of an amount not exceeding twenty dollars, but for no greater amount. Different amounts payable on same day Where more than one amount is payable by one person to another on the same day, whether under one or more obligations, subsection (1) applies as though the total of the amounts payable were one amount due and payable on that day. Certain coins not legal tender An Olympic coin that is bent, mutilated or defaced, has been reduced in weight otherwise than by abrasion through ordinary use, or has been called in pursuant to section 5, is not legal tender. Powers of Governor in Council The Governor in Council may by proclamation prescribe the dimensions and design of any Olympic coin; prescribe the standard weight, standard millesimal fineness and remedy allowance of Olympic coins of each denomination; and call in Olympic coins of any date and denomination. No sale for less than face value An Olympic coin shall not be issued or sold by the Government of Canada at less than the face value of the coin or under any arrangement whereby the net consideration received by the Government of Canada for the coin is less than its face value. Total amount of face value The total amount of the face value of all Olympic coins issued or sold pursuant to this Act shall not exceed four hundred and fifty million dollars exclusive of the total amount of the face value of any such coins that are redeemed. Minister of Finance Where in the opinion of the Minister of Finance the amount of Olympic coins in circulation in Canada may be detrimental to the Canadian currency, the Minister shall redeem such amount of Olympic coins as he deems necessary. Persons associated with Olympic No person who is involved in the promotion or operation of the Olympic or who has a financial interest with respect to the Olympic shall offer or give to any other person any subsidy, commission, benefit or other pecuniary incentive for the purchase of Olympic coins that would directly or indirectly result in the net consideration being paid for such coins by that other person being less than the face value of the coins so purchased. Postmaster General The Postmaster General is hereby authorized to administer the promotion, distribution and merchandising of Olympic coins within and outside Canada. Olympic commemorative stamps and related products Subject to the Post Office Act, the Postmaster General may cause to be manufactured and distributed for sale during 1973, 1974, 1975 and 1976 special postage stamps commemorating the Olympic; and postal related products commemorating the Olympic. Postal related products defined For the purposes of this Act, the expression postal related products means philatelic products or any articles related to such products; or products featuring postage stamps or reproductions of postage stamps and intended as souvenirs whether or not they have any functional purpose. Price of stamps Olympic stamps may, in accordance with the Post Office Act, be sold at a price equal to the amount of the postage rate indicated thereon; and such additional amount as may be fixed by regulation of the Postmaster General with the approval of the Governor in Council for the purpose of providing financial assistance to the Olympic. Disposal of net proceeds The net proceeds from the sale of Olympic stamps and postal related products shall be deemed not to be postal revenue within the meaning of the Post Office Act and shall be paid into the Consolidated Revenue Fund. Meaning of net proceeds For the purposes of this Act, the net proceeds from the sale of Olympic stamps and postal related products are in the case of Olympic stamps, the net proceeds, as determined by the Postmaster General, derived from that part of the sale price of the stamps that is an additional amount described in paragraph 7(b), and if, in the opinion of the Postmaster General, the sale was made for the purpose of stamp collecting and not for the payment of postage, the net proceeds, as determined by him, derived from the sale of the stamps; and in the case of postal related products, the net proceeds, as determined by the Postmaster General, from the sale of the postal related products. Agents commission The Postmaster General may authorize agents inside and outside Canada to sell Olympic stamps and postal related products and, notwithstanding paragraph 5(1)(h) of the Post Office Act, may allow to the agents such commission as may be fixed by regulation of the Postmaster General with the approval of the Governor in Council. Olympic lottery authorized Notwithstanding any of the provisions of Part V of the Criminal Code relating to gaming and betting, it is lawful for the Olympic Corporation to cause a lottery scheme to be conducted and managed by the Corporation or by its agent, in accordance with such regulations as may be made by the Governor in Council in that behalf, in a province during any period approved by the lieutenant governor in council of that province for the conducting and managing of the lottery scheme in that province if the proceeds from the lottery scheme are used for the purpose of providing financial assistance for the Olympic and for the development of amateur sport in that province; and for any person, in connection with the lottery scheme and in accordance with the regulations referred to in paragraph (a), to do anything described in any of paragraphs 189(1)(a) to (f) or subsection 189(4) of the Criminal Code, in a province during the period in which it is lawful in accordance with paragraph (a) to conduct the lottery scheme in that province. Lottery scheme defined In this section, lottery scheme has the meaning given to that expression by section 190 of the Criminal Code. Olympic Account There shall be established in the accounts of Canada an account to be known as the Olympic Account. Credits to Account There shall be credited to the Olympic Account the proceeds less production costs, as determined by the Minister of Finance, before deduction of the costs referred to in paragraph (3)(a), derived by Canada from the issue and sale of Olympic coins; and the amount of the net proceeds derived by Canada from the sale of Olympic stamps and postal related products as determined under section 8. Charges on Account There shall be paid out of the Consolidated Revenue Fund and charged to the Olympic Account all administrative, merchandising, distribution, promotion and other costs incurred by Canada in connection with the distribution and sale of Olympic coins, as determined by the Postmaster General; the net costs, as determined by the Minister of Finance, of any redemption of Olympic coins pursuant to subsection 5(4); and all amounts paid to the Olympic Corporation pursuant to subsection (4). Payments to Olympic Corporation Subject to such terms and conditions as the Governor in Council may prescribe, the Minister of Finance may authorize the payment, from time to time, to the Olympic Corporation out of the Consolidated Revenue Fund of such part of any amount then standing to the credit of the Olympic Account as exceeds the amount that in his opinion may be required for the payment of the costs referred to in paragraphs (3)(a) and (b). Limitation The aggregate amount of all payments made to the Olympic Corporation under this section shall not exceed two hundred and sixty million dollars and, subject to subsection (6), no payment shall be made out of the Consolidated Revenue Fund under this section in excess of the amount then standing to the credit of the Olympic Account. Permitted deficit During the first twelve months after this Act comes into force, payment of the costs referred to in paragraph (3)(a) may be made out of the Consolidated Revenue Fund and charged to the Olympic Account notwithstanding the amount standing to the credit of that Account at the time of payment, but the Olympic Account shall not have a deficiency for any greater amount than five hundred thousand dollars, or have a deficiency at any time after those first twelve months. Selling price of gold for coins With respect to any gold held by or on behalf of the Minister of Finance for the Exchange Fund Account that is used in the production of gold Olympic coins, the Minister of Finance shall, for the purposes of this Act and the Currency and Exchange Act, determine the selling price of that gold on the basis of the market price of the gold when the selling price is determined. Income Tax Act application The Olympic Corporation shall be deemed to be a registered Canadian amateur athletic association as described in paragraph 110(8)(b) of the Income Tax Act for the purposes of that Act. Public authority The Olympic Corporation is and always has been a public authority in Canada for the purposes of the Trade Marks Act. Trademarks The following are marks of the Olympic Corporation, namely, the words “Olympic”, “Olympique”, “Olympics”, “Olympiques”, “COJO”, “Olympiad”, “Olympiade”, “Games”, “Jeux”, “Olympic Games”, “Jeux olympiques”, “Summer Games” and “Jeux d’été” when used in connection with the numerals “1976”, “76” or “XXI”; the words “Montreal” or “Montréal” when used in connection with the numerals “1976”, “76” or “XXI” or any of the words listed in paragraph (a); and the two representations of the beaver that appear in Schedule I. Official symbol The symbol that appears in Schedule II is the official symbol of the Olympic. In this section, adopt, in relation to a trademark, has the same meaning as in the Trade Marks Act; (adopter) goods has the same meaning as wares in the Trade Marks Act. (biens) Adoption of mark, symbol, etc. Except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation, no person shall, after June 13, 1975 and before January 1st, 1977, adopt, in connection with any business or any establishment or premises in which a business is carried on, as a trademark or otherwise, any mark of the Olympic Corporation or the official symbol of the Olympic, whether such mark or symbol is used alone or in connection with any word, abbreviation, expression, symbol, emblem, insignia or design; or any word, abbreviation, expression, symbol, emblem, insignia or design containing, indicating or implying any reference to the Olympic or so closely resembling any mark of the Olympic Corporation or the official symbol of the Olympic as to be likely to be mistaken for such mark or symbol. Use of mark, symbol, etc. No person shall, after June 13, 1975 and before January 1st, 1977, use in connection with any business or any establishment or premises in which a business is carried on, as a trademark or otherwise, any mark, word, abbreviation, expression, symbol, emblem, insignia or design adopted contrary to subsection (2). Sale, etc., of goods No person shall, after June 13, 1975 and before January 1st, 1977, sell, offer for sale or have in his possession for sale any goods to which has been applied any mark, word, abbreviation, expression, symbol, emblem, insignia or design contrary to subsection (3). Restriction on use of previously adopted mark, symbol, etc. Where, before June 14, 1975, a person adopted any mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), as a trademark or otherwise, in association with goods or services or in connection with any business or any establishment or premises in which a business is carried on, that person shall not, after June 13, 1975 and before January 1st, 1977, use such mark, word, abbreviation, expression, symbol, emblem, insignia or design, as a trademark or otherwise, in association with any goods or services of a different class or of a different kind within the same class or in connection with any other business or other establishment or premises in which a business is carried on, except in accordance with the terms and conditions set forth in any licence issued by the Olympic Corporation in that behalf or except as permitted by any by-law of the Olympic Corporation. When mark, etc., deemed to be applied For the purposes of this section, a mark, word, abbreviation, expression, symbol, emblem, insignia or design shall be deemed to have been applied to goods when it is marked on or on any package containing such goods, or when it is used or displayed in the course of selling, distributing or advertising such goods. Application of Trade Marks Act For the purposes of sections 52 and 53 of the Trade Marks Act, each of the marks of the Olympic Corporation and the official symbol of the Olympic are registered trademarks of that corporation, and a reference in those sections to the Trade Marks Act or the provisions of that Act shall be construed as including a reference to this section. Presumption of injury In any action or suit in which an injunction is sought under the Trade Marks Act, it shall be presumed that any contravention of this section will occasion immediate and irreparable injury to the Olympic Corporation. Presumption as to time of adoption Where, in any legal proceeding arising from this section, it is shown that a person adopted a mark, word, abbreviation, expression, symbol, emblem, insignia or design described in paragraph (2)(a) or (b), it shall be presumed, unless the contrary is proved, that such adoption occurred after June 13, 1975 and before January 1st, 1977. Offence Every person who contravenes this section is guilty of an offence punishable on summary conviction. Where copyright vests in corporation For the purposes of and notwithstanding the Copyright Act, copyright in any model, painting, drawing, engraving, photograph, cinephotograph or other reproduction made of any artistic work or architectural work of art, as defined in that Act, while that work is located or intended for location on one of the sites of the Olympic, or made of one of the sites of the Olympic or any part thereof, is hereby vested in the Olympic Corporation and that corporation is the owner of the copyright therein. Term for which copyright vests The term for which copyright vests in the Olympic Corporation for the purposes of this section ends on the 31st day of December, 1976, and thereupon copyright in the works by this section vested in the Olympic Corporation shall revest and subsist, in accordance with the Copyright Act, in the persons who, but for this section, would be the owners thereof. Legal proceedings preserved Notwithstanding subsection (2), any action, suit or other legal proceeding in which the cause of action arises before January 1st, 1977, and any appeal from judgment therein, is not affected by reason of the revesting of copyright under that subsection. When copyright deemed infringed In any action for infringement of or other legal proceeding respecting copyright by this section vested in the Olympic Corporation, any copy of a work containing, indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy; any copy of a work that is displayed for sale, sold or distributed in a manner indicating or implying a reference to the Olympic shall, unless the contrary is proved, be presumed to be an infringing copy; and it shall be presumed that any infringing copy will occasion immediate and irreparable injury to the Olympic Corporation. Application of provisions of Copyright Act Except as otherwise provided in this section, all the provisions of the Copyright Act apply mutatis mutandis to the copyright of which the Olympic Corporation is deemed to be the owner by virtue of this section. Report of Minister of Finance Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Minister of Finance shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing, the costs incurred with respect to the minting of Olympic coins; the amount of Olympic coins issued pursuant to this Act; the respective dates and denominations of such Olympic coins; the respective standard weight, standard millesimal fineness and remedy allowance prescribed in respect of such Olympic coins by date and denomination thereof; the amount and other particulars of any Olympic coins redeemed by the Minister of Finance and the net costs of any such redemption; and the aggregate amount of all payments made to the Olympic Corporation pursuant to this Act. Report of Postmaster General Not later than forty-five days after the expiration of March 1974, and the expiration of every sixth month thereafter, the Postmaster General shall prepare a report upon all matters for which he has responsibility relating to the Olympic coins including, without limiting the generality of the foregoing, all administrative, merchandising, distribution, promotion and other costs incurred by Canada within and outside Canada in connection with the distribution and sale of Olympic coins; and particulars of any commission, discount or other advantage paid, allowed or given by the Postmaster General to any person in connection with the distribution, promotion or sale of Olympic coins within or outside Canada, together with the name and address of any such person. Tabling in Parliament The reports required to be prepared pursuant to this section shall be laid before Parliament within fifteen days after they have been prepared or, if Parliament is not then sitting, within the first fifteen days next thereafter that Parliament is sitting. Debate on motion to refer report to standing committee Where a motion for the consideration of the House of Commons that a report laid before Parliament pursuant to this section be referred to a particular standing committee of the House is signed by not less than sixty members of the House and filed with the Speaker, the House of Commons shall, within the first thirty days next after the motion is filed that the House is sitting, take up and consider the motion in accordance with the rules of the House.