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Seeds Regulations (C.R.C., c. 1400)

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Regulations are current to 2020-10-05 and last amended on 2020-04-23. Previous Versions

PART IVRegistration of Establishments that Prepare Seed and the Licensing of Operators (continued)

Registration of an Establishment (continued)

 [Repealed, SOR/2001-93, s. 9]

 Unless the registration of an establishment is suspended or cancelled under section 87 or 88, and subject to section 92, the Registrar shall renew the registration of every establishment annually, on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment by the establishment, before January 1 of the year in respect of which the registration is to be renewed, of the applicable renewal fee set out in the Canadian Food Inspection Agency Fees Notice.

  • SOR/96-252, s. 3
  • SOR/97-534, s. 5
  • SOR/2000-183, s. 43
  • SOR/2001-93, s. 10
  •  (1) If a conformity verification body refuses to make a recommendation to the Registrar that an establishment be registered as an approved conditioner under section 81, as an authorized importer under section 81.1 or as a bulk storage facility under section 82, or that the establishment’s registration be renewed under section 84, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

  • (2) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

  • (3) The request shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

  • (4) On receipt of the request, the Registrar shall review the decision.

  • (5) The review 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.

  • (6) If the Registrar finds that the conformity verification body should have recommended that the establishment be registered as an approved conditioner, an authorized importer or a bulk storage facility, or that the establishment’s registration be renewed, the Registrar shall register the establishment or renew its registration, as the case may be, as if the recommendation had been made.

  • (7) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.

  • SOR/2001-93, s. 10

 The operator of a registered establishment shall post in a conspicuous place in the registered establishment the Certificate of Registration issued under section 81, 81.1, 82 or 83 for the period during which the certificate remains in force.

  • SOR/96-252, s. 3

Conditions Respecting Registered Establishments

  •  (1) Every operator of a registered establishment shall keep at the establishment

    • (a) up-to-date copies of the Seeds Act, these Regulations and all other written material that the Agency delivers to the establishment from time to time; and

    • (b) a list that identifies

      • (i) the measures and documentation required to ensure that the establishment is in compliance with the requirements of these Regulations,

      • (ii) the persons who, where applicable, handle, store, sample, test, process, grade, label and document all seed in the establishment, and

      • (iii) the operators of the establishment.

  • (2) Every approved conditioner shall have

    • (a) processing equipment of such construction and design that it may be properly cleaned between the processing of successive seed lots so as to eliminate residues and prevent contamination; and

    • (b) equipment for drawing representative samples of seed.

  • (3) Every bulk storage facility and every authorized importer shall have adequate storage facilities to enable the identification and maintain the identity of different seed lots and to prevent cross-contamination.

  • SOR/96-252, s. 3
  • SOR/2000-184, s. 88
  • SOR/2015-55, s. 15

Suspension and Cancellation of Registration

  •  (1) Subject to subsection (2) and section 89, the Registrar shall suspend the registration of an establishment where

    • (a) false or misleading information was submitted in support of the application for registration;

    • (b) the establishment does not comply with a provision of the Act, the Seeds Act or these Regulations; or

    • (c) the applicable fee set out in the Canadian Food Inspection Agency Fees Notice for a service provided to that establishment has not been paid.

  • (2) The Registrar shall not suspend the registration of an establishment where, before the registrant is heard pursuant to paragraph 89(b), the registrant takes corrective measures and an inspector verifies that those measures have been taken.

  • SOR/96-252, s. 3
  • SOR/96-273, s. 2
  • SOR/2007-223, s. 23

 Subject to sections 89 and 90, the Registrar shall cancel the registration of an establishment where

  • (a) the registrant does not pay the applicable annual renewal fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the registration is to be renewed;

  • (b) the registrant maintains any false or misleading records or samples in respect of any seed in the establishment;

  • (c) the registrant falsely represents any seed to be of pedigreed status;

  • (d) the registrant provides false or misleading information to an inspector;

  • (e) the registration of an establishment has been suspended three times within a 24 month period; or

  • (f) the suspension of a registration has been in effect for one year and the registrant has not yet implemented corrective measures.

  • SOR/96-252, s. 3
  • SOR/97-534, s. 5
  • SOR/2000-183, s. 43

 The Registrar shall cancel the registration of an establishment at the request of the registrant.

  • SOR/2003-6, s. 111

 The Registrar shall not suspend or cancel the registration of an establishment unless

  • (a) an inspector has provided the registrant with a written report setting out the reasons for the suspension or cancellation;

  • (b) the Registrar has given the registrant an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

  • (c) the Registrar has sent a notice of suspension or cancellation of registration to the registrant.

  • SOR/96-252, s. 3

 The Registrar shall not cancel the registration of an establishment for a reason set out in any of paragraphs 88(a) to (d) where

  • (a) the registrant establishes that the basis for the cancellation was the result of an error and the registrant took precautions and exercised due diligence to prevent the occurrence of the error;

  • (b) the registrant undertakes to bring the error to the attention of the persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

  • (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time period indicated by the Registrar.

  • SOR/96-252, s. 3

 A suspension of a registration shall remain in effect until

  • (a) an inspector verifies that the registrant has taken corrective measures; and

  • (b) the Registrar notifies the registrant in writing that the suspension is lifted.

  • SOR/96-252, s. 3

 The Registrar shall not, before the expiration of a period of 24 months following a cancellation of a registration, accept an application for the registration of an establishment from a registrant whose registration was cancelled for a reason set out in any of paragraphs 88(b) to (e).

  • SOR/96-252, s. 3
 
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