68 (1) Subject to subsections (2) and (3), if the requirements set out in sections 67 and 67.1 are met, the Registrar shall
(a) register the variety by entering in the Register of Varieties
(i) the variety name of the seed,
(ii) the kind or species of seed,
(iii) the registration number,
(iv) the registration date, and
(v) where appropriate, the information referred to in section 69; and
(b) issue a Certificate of Registration to the applicant.
(2) The Registrar shall make the registration of a variety subject to the following terms and conditions, where applicable:
(a) in the case of a variety of a species, kind or type of crop that is listed in Part I or II of Schedule III, if a minimum of one year of testing demonstrates that the variety may be eligible for registration but that further testing is required before a final decision can be rendered, the registration shall be limited to an initial period of not more than three years that shall be extended on written request by the applicant if eligibility for registration continues to be demonstrated, but under no circumstances shall the total duration of the registration exceed five years;
(b) where the disease susceptibility or inferior quality characteristics of the variety may have an adverse effect in a particular region on the identity of other varieties registered for that region or where in a particular region the variety or progeny thereof may be detrimental to human or animal health and safety or the environment, the registration of the variety shall be restricted to that part of Canada outside that region; and
(c) where the biochemical or biophysical characteristics of a variety distinguish it from the majority of registered varieties of the same kind or species and it may have an adverse effect on the identity of those registered varieties, the registrant shall
(i) establish and maintain a quality control system for the management of potentially adverse effects of the variety, including management responsibility, contract review, product identification and traceability, inspection, testing, control of nonconforming product, corrective and preventive actions, records and training of personnel,
(ii) describe the quality control system in a document and submit the document and any subsequent amendments to that document to the Registrar for review and approval,
(iii) implement the quality control system, and
(iv) agree in writing, for the purpose of verifying compliance with subparagraph (iii), to provide the Registrar with information relating to the distribution, use and disposition of any seed of the variety or any progeny thereof.
(3) Where the Registrar makes the registration of a variety subject to any of the terms and conditions referred to in paragraph (2)(c), the Registrar, where applicable, shall make the registration subject to the following additional terms and conditions:
(a) each vendor, purchaser and importer of a variety in respect of which paragraph (2)(c) applies shall consent to grow only a crop from that seed using sufficient isolation distances as specified for the production of seed of certified status for that kind or species in the Regulations and Procedures for Pedigreed Seed Crop Production published by the Association, as amended from time to time; and
(b) where the variety is visually indistinguishable from registered varieties for which the Canadian Grain Commission has established by regulation official grades and grade names with designated specifications, but the variety does not meet those specifications, the production, harvest and delivery of the crop shall be documented to ensure that all of the seed and its progeny can be accounted for.
(4) The Registrar shall publish a list of all varieties registered under this Part once a year.
- SOR/86-849, s. 8
- SOR/96-252, s. 3
- SOR/2009-186, s. 5
- Date modified: