Seeds Act

Version of section 4 from 2015-02-27 to 2019-01-14:


Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) establishing grades with appropriate grade names for seeds;

    • (a.1) providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed Growers’ Association and any standards established by that Association to be used;

    • (a.2) respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment;

    • (a.3) respecting the sending or conveying from one province to another or the importation or exportation of any seed;

    • (a.4) respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another;

    • (b) prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested;

    • (b.1) respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;

    • (c) prescribing the minimum standards of purity, germination, quality and disease for seeds;

    • (d) respecting the packing and marking of seeds and the marking and labelling of packages of seeds;

    • (e) prescribing the terms and conditions under which variety names of seeds may be used;

    • (f) exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations;

    • (g) respecting the taking of samples and the testing of seeds for the purposes of this Act;

    • (g.1) requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;

    • (h) respecting the fees that may be charged for any services provided under this Act;

    • (h.1) prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale;

    • (h.2) respecting the registration of varieties of seeds and the amendment of the register of such varieties;

    • (h.3) specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations;

    • (h.4) prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2);

    • (h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

    • (h.6) respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject;

    • (i) respecting the detention, preservation and safeguarding of anything seized under section 8;

    • (i.1) providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure;

    • (j) respecting the disposition of anything forfeited under section 8;

    • (j.1) requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting

      • (i) the information in those documents,

      • (ii) the manner in which they are to be prepared, kept or maintained,

      • (iii) the place where they are to be kept or maintained, and

      • (iv) the manner in which they are to be provided or access to them is to be provided;

    • (j.2) respecting the issuance of certificates or other documents for the purpose of section 4.11;

    • (j.3) respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;

    • (k) prescribing anything else that by this Act is required to be prescribed; and

    • (l) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Weed seeds

    (2) The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds.

  • Marginal note:Paragraphs (1)(a.2) and (a.3)

    (3) Regulations made under paragraph (1)(a.2) or (a.3) may, among other things, establish preclearance or in-transit requirements for any imported seed or anything imported with it.

  • Marginal note:Paragraph (1)(j.1)

    (4) Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that seed presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.

  • R.S., 1985, c. S-8, s. 4
  • R.S., 1985, c. 49 (1st Supp.), s. 4
  • 1994, c. 26, s. 65(F)
  • 2001, c. 4, s. 117
  • 2012, c. 19, s. 473, c. 24, s. 91
  • 2015, c. 2, s. 76
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