Seeds Regulations (C.R.C., c. 1400)

Condition of Registration

66 No variety may be registered unless an application for the registration of the variety is made to the Registrar under this Part.

Applications for Registration

• 67 (1) An application for the registration of a variety shall be signed by the applicant and shall

  • (a) contain the following information, namely,

    • (i) the proposed variety name,

    • (ii) the scientific and common names of the kind or species to which the variety belongs,

    • (iii) a description of the pedigree, origin, history and methods of development of the variety,

    • (iv) a detailed description of the variety including, where applicable, morphological, agronomic, pathological, physiological and biochemical characteristics,

    • (v) a recommendation that is not more than two years old from a recommending committee stating whether the variety should be registered,

    • (vi) the results of the testing on which the recommendation is based,

    • (vii) a statement as to whether the variety is sold in other countries and, if so, the name or names under which it is sold,

    • (viii) particulars of the arrangements for the maintenance of seed stocks, and

    • (ix) the name and address of the Canadian representative of the variety; and

  • (b) be accompanied by

    • (i) where the applicant is a person other than the breeder or owner of the variety, a signed statement from the breeder or owner of the variety indicating that the applicant has been authorized by the breeder or owner of the variety to apply for the registration of the variety in Canada,

    • (ii) for every variety except varieties of potatoes, a representative reference sample of seed of that variety, and

    • (iii) for potatoes, a set of photographic slides or digital images that detail plant morphology.

• (1.1) Subparagraphs (1)(a)(v) and (vi) do not apply in respect of a species, kind or type of crop that is listed in Part III of Schedule III.

• (2) The Registrar may, in addition to the information referred to in subsection (1), require that the applicant provide such further information as may be necessary to determine the merit and identity of the variety.

• (3) The applicant or the registrant, as the case may be, shall provide the Registrar with any information pertaining to the genetic purity or the utility of a variety which differs in any way from the information supplied in support of the application for registration, forthwith upon receiving the information.

Eligibility Requirements for Variety Registration

• 67.1 (1) A variety of a species, kind or type of crop that is listed in Part I of Schedule III is eligible for registration if

  • (a) the variety has merit;

  • (b) the variety has been tested in accordance with the testing protocols of a recommending committee;

  • (c) the recommending committee has made a recommendation respecting registration of the variety;

  • (d) the variety or its progeny is not detrimental to human or animal health and safety or the environment when grown and used as intended;

  • (e) the representative reference sample of the variety does not contain off-types or impurities in excess of the Association’s standards for varietal purity;

  • (f) the variety meets the standards for varietal purity established by the Association or these Regulations for a variety of that species, kind or type;

  • (g) the variety is distinguishable from all other varieties that were or currently are registered in Canada;

  • (h) the variety name is not a registered trademark in respect of the variety;

  • (i) the variety name is not likely to mislead a purchaser with respect to the composition, genetic origin or utility of the variety;

  • (j) the variety name is not likely to be confused with the name of a variety that was or currently is registered;

  • (k) the variety name is not likely to offend the public;

  • (l) no false statement or falsified document and no misleading or incorrect information have been submitted in support of the application for registration; and

  • (m) the information provided to the Registrar is sufficient to enable the variety to be evaluated.

• (2) A variety of a species, kind or type of crop that is listed in Part II of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(b) to (m) are met.

• (3) A variety of a species, kind or type of crop that is listed in Part III of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(d) to (m) are met.

Registration

• 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.

• 69 (1) Where a registration is made subject to any of the terms and conditions set out in subsections 68(2) and (3), the Registrar shall enter those terms and conditions in the Register of Varieties and shall mark on the face of the Certificate of Registration the word “RESTRICTED” or “LIMITÉ".

• (2) In addition to the requirements of subsection (1), the Registrar may mark any of the terms and conditions set out in subsections 68(2) and (3) on the face of the Certificate of Registration.

70 Where the situation that required the imposition of any of the terms or conditions set out in subsections 68(2) and (3) no longer exists, the Registrar shall enter the cancellation of the term or condition in the Register of Varieties and shall issue a new Certificate of Registration.

List of Experts

• 71 (1) The Registrar must annually establish a list of experts consisting of not less than six and not more than twenty persons whose professional qualifications, experience or achievements in the field of seed or variety development and evaluation render them experts for the purposes of advising the Registrar on matters involving the refusal or cancellation of any registration under this Part.

• (2) The Registrar shall not enter the name of any person on the list of experts unless that person consents to advise the Registrar, on request, on matters involving the refusal or cancellation of any registration under this Part without charging any fees or claiming any disbursements.

72 [Repealed, SOR/2009-186, s. 6]

Review

• 73 (1) Where the Registrar refuses to register a variety or registers the variety subject to any terms and conditions referred to in subsection 68(2) or (3), the Registrar shall send a notice, by registered mail, to the applicant giving the reasons therefor and advising that the applicant may request that the Registrar review the decision.

• (2) The notice referred to in subsection (1) is deemed to be received by the applicant on the seventh day after the day on which the notice was mailed.

• (3) An applicant who receives a notice referred to in subsection (1) may, within thirty days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (4) The request referred to in subsection (3) shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by such documentation or information as the applicant deems appropriate.

• (5) Where the Registrar receives a request referred to in subsection (3), the Registrar shall review the decision.

• (6) The review referred to in subsection (5) shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary to assist the Registrar in the review.

• (7) Where, during the course of a review, the Registrar chooses to be advised by an expert, or the applicant who has requested the review requests that the Registrar be so advised, the Registrar shall select from the list of experts a person who is available and who has no interest in the outcome of the review.

• (8) Where no person from the list of experts is selected because of non-availability or an interest in the outcome of the review, the Registrar may select any person who qualifies to be entered on the list of experts.

• (9) On completion of the review, the Registrar shall immediately notify, by registered mail, the applicant who requested the review of the decision made by the Registrar, including the reasons therefor.