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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2020-03-05 and last amended on 2019-01-15. Previous Versions

Seeds Regulations

C.R.C., c. 1400

SEEDS ACT

Regulations Respecting the Quality of Seeds Including Seed Potatoes, and the Testing, Inspection, and Sale Thereof

Short Title

 These Regulations may be cited as the Seeds Regulations.

 [Repealed, SOR/96-252, s. 2]

Interpretation

  •  (1) The definitions in this subsection apply in these Regulations.

    biotechnology

    biotechnology means the application of science and engineering to the direct or indirect use of living organisms or parts or products of living organisms in their natural or modified forms; (biotechnologie)

    conformity verification body

    conformity verification body means an independent body that has an agreement with the Agency under subsection 14(1) of the Canadian Food Inspection Agency Act to administer specific tasks, including assessing, recommending for acceptance and subsequent audit of establishments, operators, graders, samplers or laboratories that process, import, sample, test, grade or label seeds. (organisme de vérification de la conformité)

    seed

    seed includes seed derived through biotechnology. (semences)

    Seeds Fees Notice

    Seeds Fees Notice [Repealed, SOR/2007-223, s. 1]

  • (2) The definitions in this subsection apply in Parts I, III and IV.

    accredited grader

    accredited grader means a person who is accredited pursuant to section 13.1; (classificateur agréé)

    Act

    Act means the Seeds Act; (Loi)

    Agency

    Agency means the Canadian Food Inspection Agency established by section 3 of the Canadian Food Inspection Agency Act; (Agence)

    Association

    Association means the Canadian Seed Growers’ Association; (Association)

    Canada pedigreed grade name

    Canada pedigreed grade name means a designation that contains one of the words foundation, registered or certified; (dénomination de la catégorie Canada généalogique)

    Canadian Methods and Procedures for Testing Seed

    Canadian Methods and Procedures for Testing Seed means the methods and procedures for testing seed set out in the Canadian Methods and Procedures for Testing Seed prepared by the Agency, as amended from time to time; (méthodes et procédés canadiens d’essai des semences)

    Canadian Wheat Board Area

    Canadian Wheat Board Area means that part of Canada comprising

    • (a) the provinces of Manitoba, Saskatchewan and Alberta, and

    • (b) those parts of British Columbia known as the Peace River District and the Creston-Wynndell Area; (territoire de la Commission canadienne du blé)

    certified status

    certified status, with respect to seed, means that

    • (a) where the crop from which the seed is derived was grown in Canada,

      • (i) a crop certificate designated “Certified” has been issued for that crop by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

    • (b) where the crop from which the seed is derived was not grown in Canada,

      • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Certifiée)

    condition

    condition, with respect to seed, means to prepare by cleaning, processing, packing, treating or changing in any other manner the nature of a seed lot; (conditionner)

    crop certificate

    crop certificate means a document that is issued by the Association certifying the crop identified therein has met the standards for varietal purity established by the Association for crops of that kind or species; (certificat de récolte)

    Department

    Department [Repealed, SOR/2007-223, s. 1]

    domestic tag

    domestic tag means an official tag in respect of seed that is derived from a crop grown in Canada and graded with a Canada pedigreed grade name; (étiquette canadienne)

    fastened

    fastened, with respect to a package, means sealed in such a manner that it is impossible to open the package easily without leaving evidence of it having been opened; (scellé)

    flower seeds

    flower seeds means seeds of herbaceous plants grown for their blooms, ornamental foliage or other ornamental parts; (semences de fleurs)

    foundation status

    foundation status, with respect to seed, means that

    • (a) where the crop from which the seed is derived was grown in Canada,

      • (i) a crop certificate designated “Foundation” has been issued for that crop by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

    • (b) where the crop from which the seed is derived was not grown in Canada,

      • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Fondation)

    grade

    grade, with respect to seed, means to determine, establish or assign a grade name to seed based on the analysis of a representative sample of the seed lot and the seed standards prescribed by sections 6 and 7; (classer)

    inter-agency certification tag

    inter-agency certification tag means an official tag in respect of seed that is certified by an official certifying agency and graded with a Canada pedigreed grade name; (étiquette de certification inter-agences)

    licensed sampler

    licensed sampler means an individual licensed under subsection 13.1(2.1) to sample seed; (échantillonneur agréé)

    lot designation

    lot designation means a number, mark, symbol or test number that identifies a seed lot; (désignation de lot)

    lot number

    lot number, in the case of seed graded with one of the Canada Registered or Canada Foundation grade names, includes the pedigreed seed declaration number; (numéro de lot)

    official certifying agency

    official certifying agency means an organization in a foreign state that is empowered by the government of that state to certify seed crops and seed as to the varietal purity thereof where that state is

    • (a) a participating member of the Organisation for Economic Co-operation and Development’s schemes for the varietal certification of seed moving in international trade for that kind or species, or

    • (b) a member of the Association of Official Seed Certifying Agencies; (agence officielle de certification)

    official sample

    official sample means a sample of seed that has been drawn by an inspector; (échantillon officiel)

    official tag

    official tag means a label that is issued or approved by the Agency in respect of seed having pedigreed status. (étiquette officielle)

    officially recognized laboratory

    officially recognized laboratory means a seed testing laboratory that is designated by the Minister as an accredited laboratory under section 2.1 of the Act; (laboratoire reconnu officiellement)

    officially-recognized laboratory

    officially-recognized laboratory [Repealed, SOR/2007-223, s. 1]

    officially recognized sample

    officially recognized sample means a sample of seed that has been

    • (a) drawn by or under the supervision of a licensed sampler and prepared by a licensed sampler according to recognized standard methods; or

    • (b) drawn and prepared according to recognized standard methods by an individual accredited to do so by

      • (i) a government body, or an officially recognized body, that has the authority to regulate the import, export or marketing of seed,

      • (ii) an official certifying agency, or

      • (iii) a seed testing laboratory accredited by the International Seed Testing Association (ISTA) to issue international seed lot certificates, if the sample is to be tested by the accrediting laboratory or by another laboratory accredited by ISTA. (échantillon reconnu officiellement)

    officially-recognized sample

    officially-recognized sample [Repealed, SOR/2007-223, s. 1]

    officially recognized test

    officially recognized test means a test that is performed according to recognized standard methods on an officially recognized sample in an officially recognized laboratory or, in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of similar size, an accredited grader. (essai reconnu officiellement)

    officially-recognized test

    officially-recognized test [Repealed, SOR/2007-223, s. 1]

    pedigreed seed declaration

    pedigreed seed declaration means the form supplied by the Agency relating to the declaration of processing of seed of pedigreed status; (déclaration de semence généalogique)

    pedigreed seed declaration number

    pedigreed seed declaration number means the number on the pedigreed seed declaration; (numéro de la déclaration de semence généalogique)

    pedigreed status

    pedigreed status, with respect to seed, means that the seed is of foundation status, registered status or certified status or the seed is approved by the Association as being breeder seed or select seed; (qualité Généalogique)

    pedigreed status tag

    pedigreed status tag means an official tag in respect of seed that is derived from a crop that was grown in Canada and not graded; (étiquette de qualité Généalogique)

    PPTM varietal blend

    PPTM varietal blend means a varietal blend for plant pest tolerance management that is intended to maintain the efficacy of a plant pest tolerance characteristic; (mélange de variétés GRP)

    President

    President means the President of the Agency; (président)

    progeny

    progeny means seed or seed-like crops and includes cereal grains, oilseeds and pulses; (descendance)

    recognized standard method

    recognized standard method means the

    • (a) Canadian Methods and Procedures for Testing Seed,

    • (b) Rules for Testing Seed, published by the Association of Official Seed Analysts, as amended from time to time, or

    • (c) International Rules for Seed Testing, published by the International Seed Testing Association, as amended from time to time; (méthode normalisée reconnue)

    registered status

    registered status, with respect to seed, means that

    • (a) where the crop from which the seed is derived was grown in Canada,

      • (i) a crop certificate designated “Registered” has been issued for that crop by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the Association for seed of that kind or species, or

    • (b) where the crop from which the seed is derived was not grown in Canada,

      • (i) the crop meets the standards established by an official certifying agency and approved by the Association, and

      • (ii) the seed meets the standards for varietal purity established by the official certifying agency for seed of that kind or species and approved by the Association; (qualité Enregistrée)

    Registrar

    Registrar [Repealed, SOR/2007-223, s. 1]

    seed lot

    seed lot means a quantity of seed, each portion of which is, within reasonable limits, uniform with respect to purity, germination, variety, type and quality; (lot de semence)

    specialty seed

    specialty seed means seed of a kind or species or of a mixture of kinds or species mixed with or attached to any fertilizer, soil, compost, peat, moss, mica, plastic, paper, cellulose or other material and includes artificial seeds; (semence spéciale)

    varietal blend

    varietal blend means a mixture of two or more varieties of the same kind or species of pedigreed status seed; (mélange de variétés)

    variety

    variety has the meaning assigned to cultivar by the International Union of Biological Sciences’ Commission for the Nomenclature of Cultivated Plants and denotes an assemblage of cultivated plants, including hybrids constituted by controlled cross-pollination, that

    • (a) are distinguished by common morphological, physiological, cytological, chemical or other characteristics, and

    • (b) retain their distinguishing characteristics when reproduced; (variété)

    variety name

    variety name includes a word, a number or a letter and number combination used to designate a variety. (nom de variété)

  • (3) [Repealed, SOR/2018-108, s. 401]

  • (4) [Repealed, SOR/2018-108, s. 401]

  • SOR/86-850, s. 1
  • SOR/87-62, s. 1
  • SOR/91-609, s. 1
  • SOR/93-162, s. 1
  • SOR/96-252, s. 2
  • SOR/97-292, s. 33
  • SOR/97-534, s. 1
  • SOR/2000-184, s. 82
  • SOR/2001-93, s. 1
  • SOR/2003-6, s. 100
  • SOR/2007-223, s. 1
  • SOR/2012-13, s. 1
  • SOR/2018-108, s. 401
 
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