APPENDIX A1 SUMMARY OF COPYRIGHT ACT BENEFITS AND BURDENS ACKNOWLEDGED BY THE CONSORTIUM

A.

THE CROWN HAS HISTORICALLY ACKNOWLEDGED THE APPLICABILITY OF THE COPYRIGHT ACT TO IT AND RESPECTED THE BURDENS THAT ACCOMPANY RIGHTS THERETO. Members of the Consortium have policies requiring they respect copyright and/or have never before written to any rights holder claiming the Copyright Act does not apply to them. Alberta: Alberta has not written to any rightsholder claiming that the Copyright Act or Trademarks Act does not apply to it (Statement of Agreed Facts (SAF) at para. 36), nor has it directed its employees that permission to use or copy Published Works is not required (SAF at para. 38). Some Sub-units of Alberta have a policy or policies regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of non-Government Published Works (SAF at para. 37). Manitoba: Manitoba has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 52), nor does it direct its employees that permission to use or copy Published Works is not required (SAF at para. 54). o In fact, Manitoba's internal website, in policy approved and posted since July 2005, directs departments to obtain written permission from the copyright holder before placing copyrighted content on a departmental website (SAF at para. 52; Manitoba Appendix 22). 53). In addition, some departments of Manitoba have explicit policies requiring that third parties copyrights be respected. (SAF at para.

1.

All facts are drawn from the Statement of Agreed Facts (SAF) and/or the appendices included therein, including the provincial and Access Copyright appendices (e.g., Manitoba Appendix 1; and Access Copyright Appendix 1 (AC-1)) which was filed with the Copyright Board on February 28, 2011. The meaning of terms referenced herein are as defined in the SAF. 2 Providing: Departmental websites that may include content copyrighted by another party, must get written permission to do so from the copyright holder. Failure to get permission is a violation of the federal Copyright Act.

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Additionally, Manitoba Education Copyright Practices provide: As copyright protection exists automatically on creation of an original work, Manitoba Education makes every effort to comply with copyright law and with copyright tariffs (see Access Copyright Elementary and Secondary School Tariff, 2005 2009) when using copyrighted work. The Department makes every effort to avoid infringement of the right to produce, reproduce, adapt, translate, duplicate, perform, or otherwise distribute copyrighted work. The Practices further advise that [i]f applicable copyright permission is not obtained, copyright owners who are dissatisfied, for example, with the presentation and bibliographic citation of their copyrighted material, can initiate legal action [against the Department]. (Manitoba Appendix 2).

Manitobas Department of Energy, Innovation, and Mines advises that: It is impossible to overemphasize the importance of obtaining permission from the holder of copyright before using illustrations or even lengthy quotations. Giving credit to the copyright owner or the author does not constitute license to reproduce material without written permission. (Grant, 2003). Although it is legal to reword information without having to seek copyright permission (but ethical to credit the source), it is neither ethical nor legal to make a few minor changes to an illustration in order to avoid obtaining permission. [emphasis added] (Manitoba Appendix 2).

New Brunswick: New Brunswick has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 66), nor does it direct its employees that permission to copy Published Works is not required (SAF at para. 78). There is no government-wide policy in New Brunswick regarding the use, copying, etc. of non-government Published Works, but three of the 22 New Brunswick Sub-units (the Department of Education, Department of Supply and Services and Department of Natural Resources) have a policy (SAF at para. 67; New Brunswick Appendix 11). In particular, the Department of Education respects copyright agreements and Canadian copyright laws (SAF at para. 67). Also, the Information Services and Systems branch of the Department of Nature Resources states it is the policy of the Department of Nature Resources that employees must comply with federal and provincial laws, and respect the legal protection provided by copyright and license to data. Appendix 11). (New Brunswick

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Newfoundland and Labrador: The Government of Newfoundland and Labrador (NL) has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 80), nor does it direct its employees that permission to Copy Published Works is not required (SAF at para. 82). NL has a policy or policies regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of some of its works (SAF at para. 73).

Nova Scotia: The Government of Nova Scotia (NS) has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 108), nor does it direct or advise its employees that permission to Copy, perform, publish, convert, adapt, communicate to the public by telecommunication or licence Published Works is not required by NS (SAF at para. 110). NS has no comprehensive corporate policy regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of nonGovernment Published Works. However, some Sub-units have relevant policies, as follows: o Some provisions of the NS corporate policy manuals, known as the Management Manuals, touch upon particular policy aspects as follows: The NS Sustainable Procurement Policy permits alternative procurement "to ensure compatibility with existing products; to recognize exclusive rights, such as exclusive licenses, copyright, and patent rights; or to maintain specialized products that must be maintained by the manufacturer or its representative"; and The NS Guidelines for the use of the Internet requires employees to respect intellectual property rights when obtaining information over the internet, when participating in electronic discussion groups, when transferring files via file transfer protocol (FTP), and when uploading and downloading software and information on Internets (Nova Scotia Appendix 8); o The Occupational Health and Safety Division of the Department of Labour and Workforce Development developed policies and procedures to minimize conflicts

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with federal copyright legislation while still maintaining a proper level of service to clientsin particular, providing: When a Division member plans to widely distribute copies of copyrighted material, the member shall obtain a release from the copyright owner before distribution (Nova Scotia Appendix 9); o Nova Scotia Archives and Records Management has developed a copyright policy with respect to the institution's archival and library holdings at the Public Archivesin particular, to provide for compliance with the federal Copyright Act (R.S.C. 1985, c. C-42) as amended and its attendant regulations, with respect to the institutions archival and library holdings (Nova Scotia Appendix 10); and o Minerals Branch of the Department of Natural Resources follows the Geological Survey of Canada's Guide to Authorswhich in particular provides that It is imperative . . . that permission be obtained from the copyright holder to use, in a GSC report, any previously published figure, photograph, or other text material. (AC-12; SAF at para. 109). Nunavut: The Government of Nunavut (the GN) has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 122), nor does it direct its employees that permission to Copy Published Works is not required (SAF at para. 124). The GN has no comprehensive corporate policy regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of non-government works. The Court Library, Court Services Division, Department of Justice, introduced a patron guide in August 2010. This guide addresses the use and Copying of Published Works and advises patrons that the Library subscribes to the Fair Copy Principle (SAF at para. 123; Nunavut Appendix 6). Prince Edward Island: The Government of Prince Edward Island (PEI) has not written to any rightsholders claiming that the Copyright Act or the Trademarks Act does not apply to it (SAF at para. 135), nor has it directed its employees that permission to Copy Published Works is not required (SAF at para. 137). o PEI has a policy regarding the use of PEI works (SAF at para. 129). PEI has an unwritten policy regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or

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licensing of non-Governmental Published Works (SAF at para. 136). Specifically, the Queens Printer has the following unwritten policy: that the front office screens all incoming work requests for copyright protection symbol and any restrictions on reproduction. If copyright is on the material, we require the client to seek written permission from the author or agency to reproduce before we will accept the work request [] digital production staff are also instructed not to reproduce electronic documents which have copyright protection. o The policy predates the current assuming the role of manager in 2004. The manager, Mike Fagan, has verbally communicated the policy to all staff and his office screens all printing requests and advises clients if copyright permission is required, (AC-14). Saskatchewan: Saskatchewan has not written to any rightsholders claiming that the Copyright Act or Trademarks Act does not apply to it (SAF at para. 149), nor does it direct its employees that permission to Copy Published Works is not required (SAF at para. 151). Saskatchewan does not have a policy or policies regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of non-Government Published Works. The Education Department reports that it abides by the Access Copyright Elementary and Secondary School Tariff, 2005-2009 with respect to copying (SAF at para. 150). 2. Members of the Consortium have already entered into copyright licensing agreements with Access Copyright (AC). AC has previously entered into license agreements with the Government of Canada as well as the Governments of the provinces of Alberta, Saskatchewan and Ontario (SAF at para. 15). Alberta: The agreement with Alberta was effective for 15 years, from April 1, 1995 through March 31, 2010. Alberta paid royalties throughout the term of the agreement (SAF at paras. 16, 20). Saskatchewan: The agreement with Saskatchewan was effective for 11 years, from April 1, 1998 through March 31, 2009. Saskatchewan paid royalties throughout the term of the agreement (SAF at para. 21).

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3.

Members of the Consortium have already entered into copyright licensing agreements with other copyright owners. Alberta: Some of the departments, agencies, boards or commissions (Sub-units) of Alberta have had, since 2005, agreements with copyright owners authorizing some of Albertas employees to copy Published Works and to use works protected by trademark or software rights (SAF at paras. 26-27). Manitoba: Most departments of Manitoba have had, since 2005, agreements with copyright owners or their authorized representatives, or both, that authorize Manitoba's employees to Copy Published Works. As an example, since 2005, Justice has had annual or multi-year agreements with several publishers of online legal publications, each of which permit copying of the publications (SAF at para. 40). Manitoba has also had many agreements with owners or their authorized representatives respecting the use of software from 2005 to the present (SAF at para. 41). New Brunswick: Seven of the 22 Sub-units of the Government of New Brunswick have agreements with copyright owners for the years 2005 to the present authorizing their employees to copy Published Works (SAF at para. 56). Ten of the 22 Sub-units have agreements allowing their employees to use works protected by trademarks and software for the years 2005 to the present (SAF at para. 57). Newfoundland and Labrador: NL has agreements with copyright owners and/or their authorized representatives covering the years 2005 to the present that authorize its employees to Copy Published Works, and to use works protected by patents, trademarks, industrial designs and software that cover the years from 2005 to the present (SAF at paras. 70-71). Nova Scotia: Some Sub-units within NS have, since 2005, entered agreements that authorize their employees to Copy Published Works that may be protected by copyright in Canada, or part of such Works (SAF at para. 98). NS has agreements/licences with owners and/or their authorized representatives that authorize its employees to use software that cover the years 2005 to the present (SAF at para. 99). at para. 106). One NS department has entered into an agreement for the use of a third-party's trademark (SAF

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Nunavut: GN has some agreements with copyright owners or their authorized representatives that authorize the GN to Copy works that may be protected by copyright in Canada, or part of such works, including but not limited to texts, magazines, newspapers, journals and specialized periodical publications (SAF at para. 111). The GN has agreements with owners or their authorized representatives respecting the use of software. Certain software used by the GN is purchased or licensed centrally. A list of sample software agreements or licences between the GN and its service providers, is included at Nunavut Appendix 2 (SAF at para. 113).

Prince Edward Island: Five of the Sub-units of PEI have had, since 2005, agreements with copyright owners or their authorized representatives that authorize its employees to Copy works that may be protected by copyright in Canada, or part of such works, including but not limited to texts, magazines, newspapers, journals and other periodical publications (SAF at para. 126; Prince Edward Island Appendix 1). PEI also has agreements with owners and/or their authorized representatives respecting the use of software (SAF at para. 127).

Saskatchewan: Saskatchewan has agreements with copyright owners and/or their authorized representatives covering the years 2005 to the present that authorize its employees to Copy literary, dramatic or artistic works protected by copyright in Canada, or part of such works, including but not limited to books, folios, magazines, newspapers, journals and other periodical publications (SAF at para. 139). Saskatchewan also has agreements with owners and/or their authorized representatives covering the years 2005 to the present that authorize its employees to use works protected by patents, trademarks, industrial designs and software (SAF at para. 140).

B. 1.

THE CROWN HAS HISTORICALLY ACCEPTED AND DEMANDED THE BENEFITS OF THE COPYRIGHT ACT. Members of the Consortium have a policy of asserting copyright over their own works. Alberta: Some of the Sub-units of Alberta have asserted Crown copyright over some of their own Published Works at times from 2005 to the present (SAF at para. 29). Manitoba: Manitoba generally asserts Crown copyright over all work that is produced by or on behalf of Manitoba, including work that is prepared and delivered under contract

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with Manitoba. For example, contribution agreements used by the Civil Service Commission (Organization and Staff Development) provide that copyright in the information and deliverables etc. discovered or produced under the contract by the contractor will be the exclusive property of Manitoba and the contractor may not use, publish or disclose the work without prior written permission of Manitoba. Labour and Immigration has contribution agreements for projects funded under the Manitoba Immigrant Integration Program and Manitoba Immigration Portal, and delivered by service providers: some specify that where the contractor produces any work under the contribution agreement, the copyright and all other intellectual property rights are the exclusive property of Manitoba; others specify that the copyright and all other intellectual property rights are the exclusive property of the service provider and the service provider grants a royalty free license to Manitoba to use and copy the work without restriction (SAF at para. 42). New Brunswick: 10 of 22 New Brunswick Sub-units have asserted Crown Copyright over Published Works from 2005 to the present (SAF at para. 58). Communication New Brunswick (CNB) asserts Crown copyright over materials published on or through its communications channels on behalf of New Brunswick Sub-units (SAF at para. 58). Six of 22 New Brunswick Sub-units have a policy regarding the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of their Published Works, including the Department of Health which does not have its own policies but follows generally accepted copyright provisions (SAF at para. 59; New Brunswick Appendix 4). Newfoundland and Labrador: NL asserted Crown copyright over Published Works at times from 2005 to the present (SAF at para. 72). Nova Scotia: NS generally asserts the right to control the reproduction of certain materials, but practices in this regard are not consistent across government, and the assertion tends to be made through general notices (SAF at para. 100). Some Sub-units have also used contracts with provisions that assign a contractor's copyright to the province (SAF at para. 100). Nunavut: The GN has asserted copyright over its Published Works at times from 2005 to the present (SAF at para. 114). The GN has no comprehensive corporate policy

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regarding the use, Copying, performance, publishing, conversion, communication to the public by telecommunications, or licensing of its works (SAF at para. 115). Prince Edward Island: Three of the Sub-units of PEI assert copyright over PEI Published Works. The Department of Education and Early Childhood Development requires its permission be given for any use of its Curriculum Resources. the Department prior to distributing digital data. The Department of Energy, Environment and Forestry requires any outside users of its GIS service to inform The Department of Finance and Municipal Affairs would avail itself of copyright protection of its Published Works. The copyright notice on the PEI website is an example of such an assertion. PEI asserts the right to control the reproduction of certain materials, but practices in this regard are not consistent across the Sub-units (SAF at para. 128). Saskatchewan: Saskatchewan has asserted Crown copyright over Published Works at times from 2005 to the present (SAF at para. 141). 2. Members of the Consortium have published notices on websites that reference the Copyright Act, Trademark Act. Alberta: Some Sub-units of Alberta publish notices on their website referencing the Copyright Act (AC-4, Alberta Response to Interrogatory 10, at p.5). Manitoba: Manitoba asserts copyright over material contained on its websites (SAF at para. 55). Manitoba indicates on some of its publications that it holds copyright in materials that are produced by or for Manitoba. It does this primarily when registering ISBN information and via links to pages on its website. While generally Manitoba does not print the copyright mark on its print publications, this is sometimes done and is sometimes required of others who produce work on behalf of Manitoba (SAF at paras. 43, 46). New Brunswick: New Brunswick asserts copyright over material on its websites. The general disclaimer for information on New Brunswick websites is CNBs general statement regarding the proper use of information and materials provided through the GNB website: www.gnb.ca/include/rootlinclude/disclaimer-e.asp; www.gnb.ca/include/rootlinclude/disclaimer-f.asp. The Provincial Archives of New Brunswick posts its Copyright Policy on its website at

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http://archives.gnb.ca/Copyright.aspx?culture=en-CA (SAF at para. 69; New Brunswick Appendix 12). Newfoundland and Labrador: NL asserts copyright over material contained on its website (SAF at para. 83). Nova Scotia: All government web pages and some government Published Works contain Crown copyright notices (SAF at para. 100). NS follows the practice of including general copyright statements on web pages and some government Published Works (SAF at para. 101). Nunavut: Most GN government web pages and some government works contain a copyright notice (SAF at para. 125; AC-13). Prince Edward Island: All PEl web pages contain a Crown copyright notice (SAF at para. 138; Prince Edward Island Appendix 4). The copyright notice on the PEl website is an example of such an assertion (SAF at para. 128). Saskatchewan: Saskatchewan asserts copyright over materials on its website (SAF at para. 152). 3. Members of the Consortium have charged fees for licenses to use their copyrighted works. Alberta: Eight of the 34 Sub-units of Alberta charge fees for the use or commercial reproduction of Crown copyright materials (SAF at para. 30). These result in significant revenues. For example, the Ministry of Advanced Education & Technology (AET) alone received $2,176,425.63 for the year 2009/10 and has collected $598,689.10 for the partial year 2010/11 (i.e. July 1 to Oct. 31, 2010) through licensing agreements to third parties to reproduce and market its Individual Learning Modules (AC-4). Manitoba: Some Manitoba Sub-units sell Manitoba copyrighted material. For example, the Property Registry Surveys Branch of the Department of Family Services and Consumer Affairs received revenues of $1,477,389.00 from sales of copies of survey plans from 2005-2010 (AC-6). New Brunswick: Five of the 22 New Brunswick Sub-units charge fees for the use, Copying, performance, publishing, conversion, adaptation, communication to the public

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by telecommunication and/or licensing of their Published Works (SAF at para. 60; New Brunswick Appendix 5). In particular, the NB Justice Department has obtained revenues of $566,363.53 from sales of CD recordings of court transcripts alone for the years 2005-2010 (New Brunswick Appendix 5). Newfoundland and Labrador: Three Sub-units of NL charge fees for the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication and/or licensing of some of its works. One of these Sub-units charges fees on a cost recovery and not-for-profit basis; the other two Sub-units who responded did not indicate whether or not the fees charged were on a cost recovery basis and not-for-profit basis (AC-8; SAF at para. 74). Nova Scotia: A small number of Sub-units charge fees for the use or reproduction of government material or works. Sometimes, the fees charged are based on the cost to NS of producing or reproducing the work, rather than for the right of reproduction. The following Sub-units charge fees for use or reproduction of NS works, as follows: o The Department of Justice has an agreement with Quicklaw/LexisNexis whereby it receives a discount of $4,900.00 annually on its subscriptions to the Quicklaw/LexisNexis legal research databases in consideration for granting a license to Quicklaw/LexisNexis to use the unofficial consolidated version of the regulations of the Province of Nova Scotia; o The Nova Scotia Geomatics Center (a division of the Department of Service Nova Scotia and Municipal Relations) sells geographic information products and services based on a retail price list; and o The Art Gallery of Nova Scotia and the Nova Scotia Museum maintain a price list that includes a reproduction use fee for certain works in their collections (SAF at para. 103) Nunavut: The GN does not charge fees for the Copying of its works (SAF at para. 116). GN does not licence the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of works in which it claims Crown copyright on a no-fee basis (SAF at para. 117).

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Prince Edward Island: PEI does not charge fees for the use by the public of Crown copyright materials (SAF at para. 130). Any charges by a Sub-unit for the reproduction of its materials or works are cost recovery charges for the cost to PEI of reproducing the work itself, not for a right OF reproduction. Two of the Sub-units of PEI license the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication and/or licensing of PEIs works on a no-fee basis (SAF at para. 131). As an example, the Department of Education and Early Childhood Development requires its permission be given on a no-fee basis for any use of its Curriculum Resources. Also, the Department of Energy, Environment and Forestry requires any outside users of its GIS service to enter into license agreements, specifically, the Digital Geographic Distribution Agreement, prior to distributing digital data (Prince Edward Island Appendix 3).

Saskatchewan: Saskatchewan charges fees for the use, Copying, performance, publishing, conversion, adaptation, communication to the public by telecommunication and/or licensing of its works. One Sub-unit, the Department of Justice, has agreements for use of Saskatchewan statutes and regulations, for which it charges royalties (SAF at para. 143; AC-15).

4.

Members of the Consortium have enforced Crown copyright and other intellectual property rights Alberta: Some of the Sub-units of Alberta enforce Crown copyright and other intellectual property rights. (SAF at para. 35). Legal action was taken against an individual selling ILMs on ebay without a license. AET was successful in receiving a judgment for infringement in the amount of $500,000.00 Boreal College, Ontario was advised of concerns raised by a student with respect to unauthorized reproduction of ILMs and the College took appropriate corrective action. The content, including html code, design, pictures and text, of the ALIS website (jointly operated by AET, Employment and Immigration and Education) was copied by a U.S. internet registrant. the infringing content was subsequently removed (AC-5). Manitoba: Two of 22 departments have enforced Crown copyright and other intellectual property rights, including asking third parties to cease using and remove Manitoba marks and training materials developed by Manitoba departments (SAF at para. 51). A take-down notice was sent to the internet service provider of the offending website registrant and

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New Brunswick: Generally, enforcement of copyright and other intellectual property rights is carried out by requiring potential users to require permission to use or reproduce a copyright or intellectual property, or by entering into an agreement. Justice and Consumer Affairs has draft court orders that could be used to enforce copyright and other intellectual property rights where necessary (SAF at para. 65).

Newfoundland and Labrador: NL enforces Crown copyright and other intellectual property rights (SAF at para. 79).

Nova Scotia: Since 2005, NS has made the following objections in respect of the use of government materials or works: o On January 11, 2008, Communications Nova Scotia sent a letter to a stock photography and stock footage website requesting that it remove official images of the Nova Scotia Coat of Arms, Flag and Logo (Nova Scotia Appendix 5); o On April 7, 2009, the Department of Finance sent a notice of copyright infringement to Google, Inc. in respect of the use of a picture of the Deputy Minister of Finance that was copied from the Department of Finance website and used with commentary on http://hawkeyenews.blogspot.com (Nova Scotia Appendix 6); o (c) The Art Gallery of Nova Scotia purchased the collection of the famous Nova Scotian folk artist, Maud Lewis, from the Painted House Society (who had purchased it from the Estate of Maud Lewis) and in July 2007 objected to the sale on ebay of unauthorized reproductions of Maud Lewis' work, Three Black Cats (Nova Scotia Appendix 7); and o (d) Service NS Municipal Relations has requested that private industry (e.g. Express Legal) remove the NS logo and references to NS Vital Statistics provincial services from their ads, brochures etc. (Nova Scotia Appendix 6(B)) (SAF at para. 107).

Nunavut: The GN may assert the right to control the reproduction of certain intellectual properties that are produced by or on behalf of the GN, including work that is prepared and delivered under contract with the GN. When asked, the GN typically grants the

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contractors a royalty-free license over the intellectual properties. However, the GN has no enterprise-wide copyright monitoring or management regime to monitor the circumstances when copyright has been asserted or when a royalty-free licence has been granted (SAF at para. 119; Nunavut Appendix 4). The GN does not enforce Crown copyright and other intellectual property rights. One department, Education, has consented to use of copyrighted materials in many, but not all, cases when permission has been requested. Education does not actively enforce its copyright (SAF at para. 121). Prince Edward Island: PEl would enforce Crown copyright over its Published Works if the need arose (SAF at para. 134). Saskatchewan: Saskatchewan has not enforced Crown copyright and other intellectual property rights but has stated that it would do so if circumstances required (SAF at para. 148). 5. Members of the Consortium have asserted ownership of registered and unregistered trademarks. Alberta: Alberta owns registered trademarks (SAF at para. 32). Manitoba: Manitoba has registered 36 prohibited (official) marks (SAF at para. 48). New Brunswick: Two of the 22 New Brunswick Sub-units have registered and/or unregistered trademark(s) (SAF at para. 62; New Brunswick Appendix 7). Newfoundland and Labrador: NL owns and is a licensee of registered and/or unregistered trademark(s) (SAF at para. 76). Nova Scotia: NS has at least one registered trademark. There are other marks that the Province has adopted and used as official marks. NS has unregistered trademarks and logos that may from time to time be used to identify government programs and initiatives, but are not typically used commercially (SAF at para. 104). Nunavut: The GN considers some program names to be unregistered trademarks (SAF at para. 118; Nunavut Appendix 3).

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Prince Edward Island: PEl has one registered trademark and has unregistered trademark(s) (SAF at para. 132).

Saskatchewan: Saskatchewan is a licensee of registered trademark(s) and owns unregistered trademark(s) and holds registered and unregistered Official Marks. Saskatchewan uses internet website names that could be considered to be unregistered trademarks. Saskatchewan protects a number of emblems that could be considered to be unregistered trademarks by provincial law. (SAF at para. 145).

6.

Members of the Consortium have prohibited or controlled the use of Crown registered and unregistered trademarks. Alberta: Some of the Sub-units of Alberta prohibit and control the use, Copying, publishing, conversion, adaptation, and/or communication to the public by telecommunication or licensing of registered or unregistered trademarks (SAF at para. 33). Some Sub-units have also entered into agreements regarding Alberta trademarks (SAF at para. 34). Manitoba: Two of 22 departments have enforced Crown copyright and other intellectual property rights, including asking third parties to cease using and remove and Manitoba marks and training materials developed by Alberta departments (SAF at para. 51). New Brunswick: Two of the 22 Sub-units of New Brunswick prohibit and control the use, Copying, publishing, conversion, adaptation, and/or communication to the public by telecommunication or licensing of trademarks (SAF at para. 63). The Department of Tourism and Parks has entered into licensing agreements regarding its trademarks (SAF at para. 64). Newfoundland and Labrador: NL prohibits and controls the use, Copying, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of its registered or unregistered trademarks (SAF at para. 77). Nova Scotia: Three of the 33 Sub-units from Nova Scotia prohibit and control the use, Copying, publishing, conversion, adaptation, communication to the public by telecommunication or licensing of its registered or unregistered trademarks (SAF at para. 105).

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Nunavut: The GN controls ownership of the official government logo and oversees the proper use of the visual identity standards. There is no GN enterprise-wide trademark monitoring or management regime (SAF at para. 118; Nunavut Appendix 3).

Prince Edward Island: PEI prohibits and controls the use, Copying, publishing, conversion, adaptation, communication .to the public by telecommunication or licensing of its registered or unregistered trademarks and would enforce if the need arose (SAF at para. 133).

Saskatchewan: Saskatchewan prohibits and controls the use, Copying, publishing, conversion, adaptation, communication to the public by telecommunication of its registered and unregistered official marks, its emblems and its internet website names (SAF at para. 146).

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