Condition of Registration
66. No variety may be registered unless an application for the registration of the variety is made to the Registrar under this Part.
- SOR/86-849, s. 8;
- SOR/93-162, s. 10;
- SOR/96-252, s. 3.
Applications for Registration
67. (1) An application for the registration of a variety shall be signed by the applicant and shall
(a) contain the following information, namely,
(i) the proposed variety name,
(ii) the scientific and common names of the kind or species to which the variety belongs,
(iii) a description of the pedigree, origin, history and methods of development of the variety,
(iv) a detailed description of the variety including, where applicable, morphological, agronomic, pathological, physiological and biochemical characteristics,
(v) a recommendation that is not more than two years old or, in the case of a forage variety, not more than four years old, from a recommending committee stating whether the variety should be registered,
(vi) the results of the testing on which the recommendation is based,
(vii) a statement as to whether the variety is sold in other countries and, if so, the name or names under which it is sold,
(viii) particulars of the arrangements for the maintenance of seed stocks, and
(ix) the name and address of the Canadian representative of the variety; and
(b) be accompanied by
(i) where the applicant is a person other than the breeder or owner of the variety, a signed statement from the breeder or owner of the variety indicating that the applicant has been authorized by the breeder or owner of the variety to apply for the registration of the variety in Canada,
(ii) for every variety except varieties of potatoes, a representative reference sample of seed of that variety, and
(iii) for potatoes, a set of photographic slides or digital images that detail plant morphology.
(1.1) Subparagraphs (1)(a)(v) and (vi) do not apply in respect of a species, kind or type of crop that is listed in Part III of Schedule III.
(2) The Registrar may, in addition to the information referred to in subsection (1), require that the applicant provide such further information as may be necessary to determine the merit and identity of the variety.
(3) The applicant or the registrant, as the case may be, shall provide the Registrar with any information pertaining to the genetic purity or the utility of a variety which differs in any way from the information supplied in support of the application for registration, forthwith upon receiving the information.
- SOR/86-849, s. 8;
- SOR/96-252, s. 3;
- SOR/2009-186, s. 3.
Eligibility Requirements for Variety Registration
67.1 (1) A variety of a species, kind or type of crop that is listed in Part I of Schedule III is eligible for registration if
(a) the variety has merit;
(b) the variety has been tested in accordance with the testing protocols of a recommending committee;
(c) the recommending committee has made a recommendation respecting registration of the variety;
(d) the variety or its progeny is not detrimental to human or animal health and safety or the environment when grown and used as intended;
(e) the representative reference sample of the variety does not contain off-types or impurities in excess of the Association’s standards for varietal purity;
(f) the variety meets the standards for varietal purity established by the Association or these Regulations for a variety of that species, kind or type;
(g) the variety is distinguishable from all other varieties that were or currently are registered in Canada;
(h) the variety name is not a registered trademark in respect of the variety;
(i) the variety name is not likely to mislead a purchaser with respect to the composition, genetic origin or utility of the variety;
(j) the variety name is not likely to be confused with the name of a variety that was or currently is registered;
(k) the variety name is not likely to offend the public;
(l) no false statement or falsified document and no misleading or incorrect information have been submitted in support of the application for registration; and
(m) the information provided to the Registrar is sufficient to enable the variety to be evaluated.
(2) A variety of a species, kind or type of crop that is listed in Part II of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(b) to (m) are met.
(3) A variety of a species, kind or type of crop that is listed in Part III of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(d) to (m) are met.
- SOR/2009-186, s. 4.
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