8. Public Consultation

Once the SC shall decide to do so, the Secretariat of the Reference Manual Review division shall submit the proposal for public consultation, which normally lasts 60 days. However, the SC may reduce this to 45 days in cases where it believes that the proposal’s scope is somewhat limited.

Public consultation shall be carried out in the following way:

8.1 Notice of public consultation

The CARTV shall publish a notice of public consultation within seven days before the consultation period start date. In addition to posting this notice on its Web site, for each type of designation, the CARTV shall compile a list of organizations most likely to be interested as well as appropriate print media in order to reach the clientele of the parties concerned by that designation. The notice shall be published in the targeted media and sent to the identified organizations by mail or other means. The notice must indicate the length of the consultation period. Any organization or media may ask to be included on the mailing list regarding a designation consultation. However, the CARTV is not required to send the notice to individuals or organizations with only a peripheral interest in the designation (e.g., training institutions, consultants, professional orders, etc.), but they may nevertheless share their comments with the Board.

The SC Secretariat concerned is responsible for conducting the required consultations with the regional or central administrations concerned as well as with the associations directly affected by the request. The administrations’ and organizations’ notices shall be sent to the audit team.

8.2 File documents submitted for public consultation

The CARTV shall submit the entire file for consultation, except for the feasibility study and, if applicable, a section attached to the file that contains information on the economic presentation or manufacturing processes that the applicant does not want to make public; this request for confidentiality must be justified.

Documents submitted for public consultation shall be accompanied by a summary, which incorporates the main elements of the applicant's specification manual that the SC has accepted as valid. Documents concerning any applications submitted for public consultation shall be prepared by the CARTV in accordance with the presentation method stipulated in the Regulations Pertaining to Information Published During Public Consultations.

8.3 Receipt and circulation of objections

Comments and objections must be conveyed in writing and sent to the CARTV within the specified timeframe pertaining to the public consultation period. The comments shall be sent to the applicant, which must respond to them within 15 days. They shall be also forwarded to the audit team as soon as they are received.

The Secretariat shall send the objections to the applicant, who must respond to them within two months. The applicant’s response is brought to the attention of the party making the objection, which has 15 days to relay any further comments.

When an objection is based on a right previously conferred by the registration of a trademark, the CARTV may consult the Canadian Intellectual Property Office (CIPO). CIPO’s notice shall be then forwarded to the party making the objection.