Decision of the Minister
111. (1) Subject to subsection (3), on receiving the notification provided under paragraph 109(1)(a), the Minister shall, after considering all relevant matters, including the information provided under that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the proposed release
(a) authorize a confined release, where the proposed release could pose a risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk;
(b) authorize an unconfined release, where the proposed release poses minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or
(c) refuse to authorize the release, where the proposed release poses an unacceptable risk to the environment.
(2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall
(a) consider such matters as
(i) the effects of the release on the environment, and
(ii) the magnitude of the exposure to the environment of the seed involved in the proposed release; and
(b) assess whether the seed is toxic.
(3) The Minister may decide not to grant an authorization to a person under subsection (1) if the Minister has reasonable grounds for believing that the person may not comply with the conditions that would be imposed under that subsection in respect of the release or the requirements of section 111.1 in respect of the release.
- SOR/97-9, s. 1;
- SOR/2001-274, s. 3.
Requirements Applying to Confined Release
(2) Every person who is granted an authorization under paragraph 111(1)(a) for the confined release of seed with a novel trait, or who is in charge of carrying out the confined release,
(a) shall prevent the seed and any plants derived from the seed from entering into any feed for livestock, or entering into any food for humans;
(b) shall provide the Agency on request with copies of, or allow the Agency to examine,
(i) any contracts that the person enters into or has entered into with any persons in relation to the confined release, and
(ii) the person’s records with respect to the confined release, including records of any trials of the seed;
(c) shall be responsible for all costs of the actions required to remedy any situation caused by an accidental release of the seed; and
(d) shall be responsible for all costs of collection, storage and disposal of the seed and plants derived from the seed if the Minister requires the person to stop the confined release.
- SOR/2001-274, s. 4.
- Date modified: