Plant Breeders’ Rights Act

Marginal note:Rectification of errors

• 66 (1) Subject to subsection (2), the Commissioner may, on such terms, if any, as the Commissioner deems proper, authorize

  • (a) the correction of any clerical error or error in translation appearing in a certificate of plant breeder’s rights issued under paragraph 27(3)(b), in an application for plant breeder’s rights, in any document filed for the purposes of such an application or in the register or index;

  • (b) the amendment of any document that belongs to the Plant Breeders’ Rights Office and in respect of which no express provision for its amendment is made in this Act; and

  • (c) the condonation or correction of any procedural irregularity in any proceedings subject to the authority of the Commissioner.

• Marginal note:When rectification permissible

  (2) Any power conferred by subsection (1) may, of the Commissioner’s own motion or on request in writing, be exercised if, but only if, that exercise of the power is in the interests of the due administration of this Act and is not prejudicial to the interests of justice.

• Marginal note:Opportunities for representations by interested persons

  (3) The Commissioner, if intending to exercise any power pursuant to subsection (1), shall give notice of the intention to each person appearing to the Commissioner to have an interest in the matter and shall not carry out the intention without first giving that person a reasonable opportunity to make representations with respect thereto.