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Plant Breeders’ Rights Act (S.C. 1990, c. 20)

Act current to 2020-07-15 and last amended on 2019-06-17. Previous Versions

Records (continued)

Marginal note:Preservation of documents

  •  (1) An application for the grant of plant breeder’s rights and other documents filed with the Commissioner in connection with any such rights shall, subject to subsection (3), be preserved for the prescribed periods.

  • Marginal note:Public accessibility

    (2) The Commissioner shall make the following accessible to the public on the Internet and, if the Commissioner considers it appropriate, by any other means:

    • (a) the register;

    • (b) the index; and

    • (c) any documents referred to in subsection (1) that are prescribed and any other documents that should, in the Commissioner’s opinion, be made accessible to the public.

  • Marginal note:Withdrawn application papers to be returned

    (3) Where an application for plant breeder’s rights has been withdrawn, the Commissioner shall return to the applicant at the address indicated in the application all the papers and other material submitted in connection with the application but, to any extent to which it is impracticable for the Commissioner to do so, and on the expiration of the prescribed period for so doing, the Commissioner shall destroy the material.

  • (4) [Repealed, 2015, c. 2, s. 45]

  • 1990, c. 20, s. 67
  • 2015, c. 2, s. 45

Marginal note:Service of notices, etc.

  •  (1) A notice or other document required to be given or transmitted to any person pursuant to this Act may be given or transmitted

    • (a) by delivering it to the person;

    • (b) by sending it by registered mail addressed to the person at any place pursuant to notice thereof given by the person or, if no such notice is given, at the person’s usual or latest known address in Canada; or

    • (c) in any other manner prescribed.

  • Marginal note:Deemed delivery

    (2) Where any notice or other document is sent by registered mail pursuant to subsection (1), it shall, in the absence of evidence to the contrary, be deemed to be given or transmitted at the time at which the registered letter containing it would be delivered in the ordinary course of post.

  • 1990, c. 20, s. 68
  • 2015, c. 2, s. 46(F)

Marginal note:Defect not to invalidate notices

 A defect in a notice given pursuant to this Act, if the notice is such as to intelligibly and substantially effect the required notification, shall not render unlawful any administrative action executed in respect of the matter to which the notice relates and shall not be a ground for exception to any legal proceeding that may be taken in respect of that matter.

Publication

Marginal note:Matters to be published

  •  (1) The Commissioner shall cause to be published in the Canada Gazette such particulars of the following as are prescribed:

    • (a) every application that is not rejected pursuant to section 17;

    • (b) every request included pursuant to subsection 9(1) in an application that is not rejected pursuant to section 17;

    • (c) and (d) [Repealed, 2015, c. 2, s. 47]

    • (e) every grant or refusal to grant plant breeder’s rights;

    • (f) every assignment of plant breeder’s rights of which the Commissioner is informed;

    • (g) every application for a compulsory licence;

    • (h) every grant or refusal to grant a compulsory licence and every thing done under subsection 32(4) with respect to a compulsory licence; and

    • (i) every surrender of plant breeder’s rights.

  • Marginal note:Notice to Department of Industry

    (2) The Commissioner shall, on causing particulars of a request referred to in paragraph (1)(b) to be published, give notice of the request to the Department of Industry.

  • Marginal note:Matters to be published

    (3) In addition to the matters referred to in subsection (1), the Commissioner shall cause to be published in the Canada Gazette

    • (a) such other matters as the Commissioner considers appropriate for public information; and

    • (b) a notice of every annulment under section 34 or revocation under section 35.

  • 1990, c. 20, s. 70
  • 1995, c. 1, s. 53
  • 2015, c. 2, s. 47

Marginal note:Provision for publication of Plant Varieties Journal

  •  (1) Where the volume of matters to be published in the Canada Gazette pursuant to section 70 is such as to warrant their inclusion wholly or partly in a separate journal, the Commissioner may cause to be published periodically a journal, to be called the Plant Varieties Journal, containing such of those matters as the Commissioner, subject to any regulations made pursuant to paragraph 75(1)(g), considers expedient.

  • Marginal note:Notice of intention to publish Journal

    (2) The Commissioner shall, by publication in the Canada Gazette, at least twenty-eight days before commencing the issue of the Plant Varieties Journal, give notice of intention to do so.

  • Marginal note:Cessation of publication of Journal

    (3) If at any time the volume of matters for the publication of which the Plant Varieties Journal is available ceases to be such as described in subsection (1), the Commissioner may cause the issuing of the Plant Varieties Journal to cease but, at least twenty-eight days before doing so, the Commissioner shall, by publication in that Journal, give notice of intention to do so.

  • Marginal note:Publication in Journal to be deemed publication in Canada Gazette

    (4) For the purposes of this Act other than of subsections (2) and 75(2), publication in the Plant Varieties Journal pursuant to this Act shall be deemed to be publication in the Canada Gazette and references in this Act to the Canada Gazette shall be construed accordingly.

Marginal note:Ignorance no defence in the event of publication

  •  (1) Where in any civil, criminal or other proceedings a person’s knowledge or notice, at any time, of any matter is relevant for the purpose of determining any question whether, pursuant to this Act, liability has been incurred, any right has been acquired or any thing has been duly done, the person shall, for that purpose, be deemed to have had the relevant knowledge or notice at that time if, prior thereto, the matter or notice thereof is published in the Canada Gazette.

  • Marginal note:Knowledge or notice, otherwise attributable, unaffected

    (2) Nothing in subsection (1) prevents any question referred to therein from being determined on the ground that the person had the relevant knowledge or notice, if lawfully attributable to the person, apart from that subsection.

  • 1990, c. 20, s. 72
  • 2015, c. 2, s. 48(F)

Advisory Committee

Marginal note:Constitution

  •  (1) The Minister shall constitute an advisory committee on any terms and conditions determined by the Minister.

  • Marginal note:Composition

    (2) The advisory committee shall be composed of persons appointed by the Minister from among representatives of organizations of breeders of plant varieties, dealers in seeds, growers of seeds, farmers, horticulturists and of any other interested persons considered appropriate by the Minister.

  • Marginal note:Function

    (3) The function of the advisory committee is to assist the Commissioner in the application of this Act, including

    • (a) the manner in which the Act is to be applied in respect of each category;

    • (b) the requirements applicable in respect of each category, including those requirements relating to licensing; and

    • (c) the interpretation of the expressions “reasonable prices”, “widely distributed” and “reasonable remuneration” for the purposes of section 32.

  • Marginal note:Remuneration

    (4) No terms or conditions determined under subsection (1) shall provide for any remuneration to be payable to any of the persons acting on the advisory committee, but those persons may be paid any reasonable travel and living expenses incurred by them when engaged on the business of the committee while absent from their ordinary places of residence.

  • 1990, c. 20, s. 73
  • 2015, c. 2, s. 49(F)
 
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