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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

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

Suspension and Cancellation of Licences

  •  (1) Subject to subsection (2) and section 101, the Registrar shall suspend the licence of an operator where

    • (a) false or misleading information has been submitted in support of the application for a licence;

    • (b) the operator 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 operator has not been paid.

  • (2) The Registrar shall not suspend the licence of an operator where, before the operator is heard pursuant to paragraph 101(b), the operator takes corrective measures and an inspector verifies that those measures have been taken.

  • SOR/96-252, s. 3
  • SOR/96-273, s. 3
  • SOR/2007-223, s. 24

 Subject to sections 101 and 102, the Registrar shall cancel the licence of an operator where

  • (a) the operator 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 licence is to be renewed;

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

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

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

  • (e) the licence of the operator has been suspended three times within a 24 month period; or

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

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

 The Registrar shall not suspend or cancel the licence of an operator unless

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

  • (b) the Registrar has given the operator 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 licence to the operator.

  • SOR/96-252, s. 3

 The Registrar shall not cancel the licence of an operator for a reason set out in any of paragraphs 100(a) to (d) where

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

  • (b) the operator undertakes to bring the error to the attention of the persons likely to be affected by it 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 licence shall remain in effect until

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

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

  • SOR/96-252, s. 3
  •  (1) The Registrar shall not renew the licence of an operator whose licence has been suspended three times, unless, after the third suspension, the operator has successfully completed the applicable evaluations referred to in section 95.

  • (2) [Repealed, SOR/2001-93, s. 15]

  • SOR/96-252, s. 3
  • SOR/2001-93, s. 15

 If an individual’s operator’s licence has been cancelled for a reason set out in any of paragraphs 100(b) to (e), the Registrar shall not issue an operator’s licence to the individual again unless 24 months have gone by since the cancellation and the individual satisfies the conditions referred to in sections 95 and 96.

  • SOR/96-252, s. 3
  • SOR/2001-93, s. 16

 [Repealed, SOR/97-534, s. 4]

PART VRelease of Seed

Interpretation

  •  (1) In this Part,

    confined release

    confined release means release under conditions intended to minimize the establishment and spread, in the environment, of seed or of genetic material from plants derived from the seed, and the interaction of the seed or genetic material with the environment; (dissémination en milieu confiné)

    environment

    environment means the components of the Earth and includes

    • (a) air, land and water,

    • (b) all layers of the atmosphere,

    • (c) all organic and inorganic matter and living organisms, and

    • (d) the interacting natural systems that include components referred to in paragraphs (a) to (c); (environnement)

    novel trait

    novel trait, in respect of seed, means a characteristic of the seed that

    • (a) has been intentionally selected, created or introduced into a distinct, stable population of cultivated seed of the same species through a specific genetic change, and

    • (b) based on valid scientific rationale, is not substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to any characteristic of a distinct, stable population of cultivated seed of the same species in Canada, having regard to weediness potential, gene flow, plant pest potential, impact on non-target organisms and impact on biodiversity; (caractère nouveau)

    release

    release means any discharge or emission of seed into the environment or exposure of seed to the environment and includes the growing and field testing of plants; (dissémination)

    unconfined release

    unconfined release means release on an unrestricted basis. (dissémination en milieu ouvert)

  • (2) For the purposes of this Part, seed is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that

    • (a) have or may have an immediate or long-term harmful effect on the environment or its biological diversity;

    • (b) constitute or may constitute a danger to the environment on which life depends; or

    • (c) constitute or may constitute a danger in Canada to human life or health.

  • SOR/97-9, s. 1
  • SOR/2001-274, s. 1

Exemptions

 The following seed is exempt from the operation of this Part:

  • (a) seed grown in Canada outside of containment before the coming into force of this Part in such a manner that the seed constitutes a distinct, stable population in the Canadian environment;

  • (b) seed grown in containment in such a manner that there is no release into the environment of any genetic material from the plants derived from the seed; and

  • (c) seed that is derived from seed referred to in paragraph (a), or from seed in respect of which an unconfined release has been authorized under paragraph 111(1)(b), and that is substantially equivalent, in terms of its specific use and safety both for the environment and for human health, to seed of the same species, having regard to weediness potential, gene flow, plant pest potential, impact on non-target organisms and impact on biodiversity.

  • SOR/97-9, s. 1

Notification and Authorization

  •  (1) Subject to subsections (2) to (4), no person shall undertake either the confined release or unconfined release of seed unless

    • (a) notification of the proposed release has been provided in writing to the Minister, accompanied by the information set out in section 110; and

    • (b) the Minister has authorized the release under section 111.

  • (2) Subsection (1) does not apply in respect of seed of a variety that is registered under Part III.

  • (3) Subsection (1) does not apply in respect of an unconfined release that was authorized by the Minister before the coming into force of this Part.

  • (4) Where the accompanying information that is required to be provided to the Minister pursuant to paragraph (1)(a) in respect of a proposed confined release is the same as information that has already been provided to the Minister before the coming into force of this Part, or that is provided on or after the coming into force of this Part in relation to another notification or authorization, the information is not required to be provided again.

  • SOR/97-9, s. 1
  • SOR/2001-274, s. 2
 
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