1. ABOUT

A detailed description of the IP Section can be found on the About page.

Current mandates and memberships of all the Committees can be found on the individual Committee pages.

2. TERM OF MEMBERSHIP

The initial term of Committee membership and appointment as chair is two years. 

Committee members can reapply for membership in response to calls for expressions of interest, which are to be put out by the chair every two years.

Each Committee will have a chair and a vice-chair. Vice-chairs are appointed at the suggestion of the outgoing chair and/or in consultation with members of the Committee. In either case, appointment of the new chair and vice-chair is subject to approval by the executive. A Committee chair can serve in that capacity for a maximum of two year term, and will be succeeded by the vice-chair. After that time, a Committee chair is free to apply to that same committee to participate as a regular Committee member.

3. GUIDELINES FOR COMMITTEE MEMBERS

The CBA encourages regional and firm representation and diversity on the Committees. A maximum of two (2) persons per firm per Committee is suggested. Committee chairs are to review responses to calls for expressions of interest and to add new members to reflect these guidelines as closely as possible. Committee chairs and members must all be members of the CBA, and the IP Section of the CBA.

4. PARTICIPATION IN ACTIVITIES OF COMMITTEE

The members of a Committee are expected to make best efforts to participate in the Committee meetings and contribute to the furtherance of the mandate of the Committee.  Failure to do so may result in the member being asked to resign from the Committee.

In addition, all Committees will have a liaison member from the CBA IP Section Executive. The liaison should be copied and included on all committee activities.

5. MEETINGS

We recommend that the chair of each Committee arrange at least two meetings by conference call per year, and more if necessary to address matters within the Committee’s mandate.

6. REPORTS

The Section Executive requires two reports per year, by January 30 and April 30, for inclusion in the Executive Reports of March and September. The reports should outline the activities of the Committee, including the dates of the Committee meetings, initiatives undertaken; submissions made, etc. The reports, submissions, papers etc. may be published on the CBA website.

Committee chairs may also be invited to attend further meetings held by the IP Section Executive upon request.

7. INITIATIVES

The chair and Committee members should review the mandate of the Committee and decide upon Committee initiatives on an annual basis. From time to time the Executive may suggest initiatives to the Committees.  Committee members are also encouraged to raise issues or matters of concern or interest that fall within the mandate of the Committee to the chair of the Committee and the liaison member of the Section Executive.

8. LIAISON WITH OTHER COMMITTEES AND ASSISTANCE WITH PROFESSIONAL DEVELOPMENT

Committees are encouraged to liaise with other Committees on matters of overlapping or mutual interest, and to participate in or assist with professional development programs.

9. PAPERS AND SUBMISSIONS

Copies of all draft position papers and submissions made by the Committee should be sent to the chair of the IPSection Executive and may be published on the CBA website. The papers and submission may be credited if appropriate.

10. CANADIAN BAR ASSOCIATION: SUBMISSIONS APPROVAL PROCESS

All IP Section submissions must be made through the IP Section Executive. For background purposes, set out below are some details surrounding the submissions approval process within the CBA.

CBA Federal Submission Policy

Only submissions which have been approved under Section 82 or 83 of the by-law represent official Canadian Bar Association policy. No unapproved submission may bear the name of the Association or its logo.

STEPS WITHIN THE APPROVAL PROCESS

In general, the following steps are required to obtain Canadian Bar Association approval for a submission:

1. the submission is reviewed by the Legislation and Law Reform Committee;
2. the submission is presented to the Board of Directors or Executive Officers for approval. In cases of extreme urgency, a submission can be approved by the President alone.

LEGISLATION AND LAW REFORM COMMITTEE

Members of the Legislation and Law Reform Committee represent a broad spectrum of the profession.  One of the mandates of the Committee is to review submissions and recommend their endorsement to the Executive.  In general, the Committee ensures that the interests of the Association have been properly canvassed, that the submission is consistent with existing Association policy and that it meets certain minimum standards and criteria.

Submissions are sent to members of the Legislation and Law Reform Committee when they are received by National Office. Members of the Committee will then either provide their comments to the Committee chair or meet by conference call to discuss the submission. The Committee may recommend approval of the submission, recommend approval with amendments or recommend that the submission not be approved. The recommendation and comments are forwarded both to the group which prepared the submission and the Board of Directors.

BOARD OF DIRECTORS AND EXECUTIVE OFFICERS

The Board of Directors or Executive Officers review the submission and ensure that the appropriate steps have been followed in preparing the submission. The Executive may occasionally require amendments to the submission.

11. WORKING WITH OTHER ORGANIZATIONS

Co-operating and/or working with other legal and non-legal organizations with mandates or interests in common with your Committee is encouraged, however, CBA Executive Officer approval must be obtained by the CBA IP Section Executive before a Committee works with such other organizations. To obtain the necessary approval the Committee should send a memo to the chair of the CBA IP Section Executive outlining the following:

1. Who the organization is
2. What it does
3. The nature of the association between CBA and the other group
4. How CBA will benefit by having such representation
5. The identity of the person or persons who will represent the CBA

The IP Section Executive will forward the request to the CBA Executive Officers with recommendations and advise the Committee chair if CBA Executive approval is obtained.

12. AMENDMENTS TO GUIDELINES

These guidelines may be amended from time to time. 

Last Updated: October 2018