Plant Breeders’ Rights Regulations (SOR/91-594)

Regulations are current to 2012-05-14

Plant Breeders’ Rights Regulations

SOR/91-594

PLANT BREEDERS’ RIGHTS ACT

Registration 1991-10-24

Regulations Respecting Plant Breeders’ Rights

P.C. 1991-2020  1991-10-24

Whereas, pursuant to subsection 75(2) of the Plant Breeders’ Rights ActFootnote *, a copy, of the proposed Regulations respecting plant breeders’ rights, substantially in the form annexed hereto, was published in the Canada Gazette Part I on July 20, 1991;

And Whereas a reasonable opportunity was afforded to interested persons to make representations to the Minister of Agriculture with respect to the proposed Regulations;

Therefore, His Excellency the Governor General in Council, on the recommendation of the Minister of Agriculture and the Treasury Board, pursuant to subsection 75(1) of the Plant Breeders’ Rights ActFootnote *, is pleased hereby to make the annexed Regulations respecting plant breeders’ rights.

SHORT TITLE

1. These Regulations may be cited as the Plant Breeders’ Rights Regulations.

INTERPRETATION

  • 2. (1) For the purposes of the Act and these Regulations,

    “description”

    “description” means a narrative that defines the characteristics of a plant variety for the purpose of demonstrating that the variety in question is a new variety; (description)

    “identifiable characteristics”

    “identifiable characteristics” means characteristics of a plant variety that may be included in a description and that, when so included, permit a clear distinction to be made between that variety and all other varieties in its category; (caractère identifiable)

    “recently prescribed category”

    “recently prescribed category” means, for a period of not more than 12 months beginning on the day on which this definition comes into force, a category referred to in item 40 of Schedule I; (catégorie établie depuis peu par règlement)

    “representations”

    “representations” means representations in writing. (observations)

  • (2) In these Regulations, “Act” means the Plant Breeders’ Rights Act. (Loi)

  • SOR/94-750, s. 1(E);
  • SOR/98-582, s. 1.

APPLICATION

3. These Regulations apply to any plant variety belonging to a category set out in Schedule I.

COUNTRY OF THE UNION

4. Any country that has ratified the International Convention for the Protection of New Varieties of Plants of December 2, 1961, and any revisions thereto, as published in the Canada Gazette, is prescribed to be a country of the Union.

  • SOR/94-750, s. 2.

CRITERIA RELATING TO COMMON KNOWLEDGE

5. For the purposes of paragraph 4(2)(a) of the Act, the following criteria shall be considered when determining that the existence of a plant variety is a matter of common knowledge, namely,

  • (a) whether the variety is already being cultivated or exploited for commercial purposes; or

  • (b) whether the variety is described in a publication that is accessible to the public.

PRESCRIBED PERIODS

6. In the case of a new variety of a recently prescribed category, with respect to the requirements concerning the sale or the concurrence in a sale in Canada, the period referred to in paragraph 7(1)(a) of the Act shall commence on August 1, 1990 and terminate on the date of receipt by the Commissioner of the application for the grant of plant breeders’ rights respecting that variety.

  • SOR/94-750, s. 3.