Seeds Regulations (C.R.C., c. 1400)

Regulations are current to 2014-04-02 and last amended on 2012-12-14. Previous Versions

Application for Crop Inspection

  •  (1) An application by a grower for an inspection of a crop shall be made on a form provided by the Agency and shall include the following information and be accompanied by the following documents:

    • (a) seed potato tags or other documents that attest to the origin and class of each seed lot planted;

    • (b) a list of all of the grower’s crops;

    • (c) in the case of a crop that was planted with seed potatoes that were produced by the grower, information or documents that show that at least two field-grown lots from the grower’s farm unit have been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

    • (d) in the case of a crop that was planted with Elite II, Elite III, Elite IV or Foundation seed potatoes that were not produced by the grower, information or documents that show that those seed potatoes have been subjected to laboratory tests and not found positive for Clavibacter michiganensis subsp. sepedonicus; and

    • (e) in the case of an application made by a new seed potato grower, a document, issued by an inspector, that verifies that a clean-up and disinfection of the premises at the grower’s farm unit was completed before the arrival of the seed potatoes for planting and that the crop was not planted in a field where non-certified potatoes were grown in either of the previous two years.

  • (2) The application shall be delivered to the office of the Agency specified on the form by the following deadlines:

    • (a) in the case of field-grown crops, on or before June 30 of the crop year in respect of which the application is made;

    • (b) in the case of crops produced in a protected environment, 30 days after planting; and

    • (c) in the case of crops produced in an aseptic environment, before material is transferred to a new owner of the material or transferred to a protected environment.

  • (3) An application may be made after the deadline specified in subsection (2) if there is still time for the inspection to be carried out in accordance with these Regulations and the grower shows that the delay in submitting the application was beyond the grower’s control.

  • SOR/91-526, s. 1;
  • SOR/95-215, s. 2;
  • SOR/97-118, s. 7;
  • SOR/97-292, s. 36;
  • SOR/2000-183, s. 41;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 5.

Conditions for Crop Inspection

  •  (1) Subject to subsections (3) and (4), inspection of a crop shall be made if the crop is planted with seed potatoes that

    • (a) are of a variety that

      • (i) is registered in accordance with Part III, or

      • (ii) is not registered, if the potatoes are being grown solely for experimental purposes or for evaluation for the purposes of registration; and

    • (b) are of a class established in section 47 or are Breeder’s Selection seed potatoes.

  • (2) An inspector shall inspect a crop that is planted with imported seed potatoes if the seed potatoes meet the requirements of paragraphs 59(2)(a) to (c).

  • (3) An inspector shall not inspect a crop of a grower if

    • (a) in the current year,

      • (i) non-certified potatoes or Certified seed potatoes have been planted in fields under cultivation by the grower,

      • (ii) the crop is growing in a field where non-certified potatoes were planted in the previous two years, or

      • (iii) the crop is growing in a field where there has been an occurrence of bacterial ring rot, unless the inspector verifies that the field has been free of potatoes, including volunteers, for the previous two years; or

    • (b) in the previous year, potatoes infected with Clavibacter michiganensis subsp. sepedonicus were produced in fields under cultivation by the grower, or were found in buildings or on equipment used by the grower and a clean-up and disinfection of the building and equipment was not verified by an inspector.

  • (4) An inspector shall not inspect a crop of a grower if

    • (a) as a result of late planting, lack of cultivation, lack of vigour, the existence of weeds, leaf injury or pesticide injury, an inspector is unable to conduct a visual inspection of the crop;

    • (b) the distance between adjacent fields is less than the space required for one blank row;

    • (c) there are not at least 10 m of blank row at each end of the field to separate one class of a variety from another class of the same variety; or

    • (d) equipment used in relation to planting, cultivating or spraying the crop has been exposed to contamination by pathogens that are or may be detrimental to the crop, unless the equipment, each time before it has entered a field of a farm unit, has been thoroughly cleaned and disinfected in such a way as to destroy the contamination and the grower demonstrates to the inspector that the clean-up and disinfection has been completed.

  • SOR/80-517, s. 1;
  • SOR/86-849, s. 6;
  • SOR/91-526, s. 2;
  • SOR/93-331, s. 2;
  • SOR/95-179, s. 10;
  • SOR/97-118, ss. 8, 18;
  • SOR/2000-184, s. 90;
  • SOR/2002-198, s. 6.