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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2020-06-28 and last amended on 2020-04-23. Previous Versions

PART IISeed Potatoes (continued)

Fees

  •  (1) The fee that a grower shall pay for an inspection under this Part is the applicable fee provided for in the Canadian Food Inspection Agency Fees Notice.

  • (2) The fee shall be submitted with the form referred to in subsection 49(1).

  • (3) No portion of a fee referred to in subsection (1) is refundable after an inspector has begun an inspection of a crop in respect of which the fee was paid.

  • (4) A crop certificate will not be issued for any fields under cultivation by that grower until all applicable fees have been paid.

  • SOR/85-903, s. 7
  • SOR/91-526, s. 3
  • SOR/93-331, s. 3
  • SOR/2000-183, s. 42
  • SOR/2002-198, s. 21

 No fees set out in the Canadian Food Inspection Agency Fees Notice are payable by a grower in the Province of Newfoundland with respect to crops grown in Newfoundland.

  • SOR/93-331, s. 4
  • SOR/95-215, s. 3
  • SOR/2000-183, s. 42

PART IIIVariety Registration

Interpretation

 In this Part,

applicant

applicant means any person who

  • (a) resides permanently in Canada,

  • (b) applies to the Registrar for the registration of a variety, and

  • (c) to whom any notice or correspondence under the Act and these Regulations may be sent; (demandeur)

Certificate of Registration

Certificate of Registration means a certificate issued by the Registrar certifying that the variety named therein is registered under these Regulations; (certificat d’enregistrement)

list of experts

list of experts means a list established pursuant to section 71; (liste d’experts)

merit

merit means, with respect to a variety, that the variety is equal or superior to appropriate reference varieties with regard to any single characteristic or combination of characteristics that renders the variety beneficial for a particular use in a specific area of Canada; (valeur)

recommending committee

recommending committee means a committee that is approved by the Minister under section 65.1; (comité de recommandation)

region

region means a province, a group of provinces, the Canadian Wheat Board Area or that part of Canada outside the Canadian Wheat Board Area; (région)

registrant

registrant means the person to whom a Certificate of Registration is issued; (titulaire)

Registrar

Registrar means the person designated by the President to register varieties; (registraire)

representative reference sample

representative reference sample means a sample of seed that is submitted in support of registration of a variety and guaranteed by the owner or breeder of the variety as truly representing the variety. (échantillon de référence représentatif)

  • SOR/86-849, s. 8
  • SOR/96-252, s. 3
  • SOR/2000-184, s. 86
  • SOR/2009-186, s. 1

Application

 This Part applies in respect of seed and seed potatoes.

  • SOR/86-849, s. 8
  • SOR/96-252, s. 3

Exemptions

 Every variety, other than a variety of a species, kind or type listed in Schedule III, is exempted from the prohibition set out in paragraph 3(1)(b) of the Act.

  • SOR/86-849, s. 8
  • SOR/93-162, s. 9
  • SOR/96-252, s. 3
  • SOR/97-199, s. 1

Recommending Committees

  •  (1) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part I of Schedule III, to determine the merit of the varieties and to make recommendations respecting their registration if

    • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

    • (b) the members of the committee have the knowledge and expertise required to determine the merit of the varieties of that species, kind or type of crop;

    • (c) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

    • (d) the procedures established by the committee for determining the merit of varieties of that species, kind or type of crop are appropriate for that purpose and are based on scientific principles;

    • (e) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

    • (f) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

  • (2) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part II of Schedule III and to make recommendations respecting their registration if

    • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

    • (b) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

    • (c) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

    • (d) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

  • (3) In carrying out its functions, a recommending committee must apply the testing protocols it has established, act in accordance with its operating procedures and, in the case of a committee approved under subsection (1), apply the procedures it has established to determine the merit of varieties.

  • (4) For the purposes of subsections 67(1) and 67.1(1), the recommendation of a recommending committee must be based on the following:

    • (a) in the case of a species, kind or type of crop that is listed in Part I of Schedule III, the results of testing the variety in accordance with the relevant testing protocols and a determination of whether the variety has merit; and

    • (b) in the case of a species, kind or type of crop that is listed in Part II of Schedule III, the results of testing the variety in accordance with the relevant testing protocols.

  • SOR/2009-186, s. 2

Condition of Registration

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

  • SOR/86-849, s. 8
  • SOR/93-162, s. 10
  • SOR/96-252, s. 3

Applications for Registration

  •  (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.

  • SOR/86-849, s. 8
  • SOR/96-252, s. 3
  • SOR/2009-186, s. 3
  • SOR/2014-114, s. 1
 
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