Seeds Regulations (C.R.C., c. 1400)

• 69. (1) Where a registration is made subject to any of the terms and conditions set out in subsections 68(2) and (3), the Registrar shall enter those terms and conditions in the Register of Varieties and shall mark on the face of the Certificate of Registration the word “RESTRICTED” or “LIMITÉ".

• (2) In addition to the requirements of subsection (1), the Registrar may mark any of the terms and conditions set out in subsections 68(2) and (3) on the face of the Certificate of Registration.

70. Where the situation that required the imposition of any of the terms or conditions set out in subsections 68(2) and (3) no longer exists, the Registrar shall enter the cancellation of the term or condition in the Register of Varieties and shall issue a new Certificate of Registration.

• 71. (1) The Registrar shall annually establish a list of experts consisting of not less than six and not more than twenty persons whose professional qualifications, experience or achievements in the field of seed or variety development and evaluation render them experts for the purposes of advising the Registrar on matters involving the refusal, suspension or cancellation of any registration under this Part.

• (2) The Registrar shall not enter the name of any person on the list of experts unless that person consents to advise the Registrar, on request, on matters involving the refusal, suspension or cancellation of any registration under this Part without charging any fees or claiming any disbursements.

72. [Repealed, SOR/2009-186, s. 6]

• 73. (1) Where the Registrar refuses to register a variety or registers the variety subject to any terms and conditions referred to in subsection 68(2) or (3), the Registrar shall send a notice, by registered mail, to the applicant giving the reasons therefor and advising that the applicant may request that the Registrar review the decision.

• (2) The notice referred to in subsection (1) is deemed to be received by the applicant on the seventh day after the day on which the notice was mailed.

• (3) An applicant who receives a notice referred to in subsection (1) may, within thirty days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (4) The request referred to in subsection (3) shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by such documentation or information as the applicant deems appropriate.

• (5) Where the Registrar receives a request referred to in subsection (3), the Registrar shall review the decision.

• (6) The review referred to in subsection (5) shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary to assist the Registrar in the review.

• (7) Where, during the course of a review, the Registrar chooses to be advised by an expert, or the applicant who has requested the review requests that the Registrar be so advised, the Registrar shall select from the list of experts a person who is available and who has no interest in the outcome of the review.

• (8) Where no person from the list of experts is selected because of non-availability or an interest in the outcome of the review, the Registrar may select any person who qualifies to be entered on the list of experts.

• (9) On completion of the review, the Registrar shall immediately notify, by registered mail, the applicant who requested the review of the decision made by the Registrar, including the reasons therefor.