Seeds Regulations (C.R.C., c. 1400)

Decision of the Minister

• 111 (1) Subject to subsection (3), on receiving the notification provided under paragraph 109(1)(a), the Minister shall, after considering all relevant matters, including the information provided under that paragraph, and after evaluating the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the proposed release

  • (a) authorize a confined release, where the proposed release could pose a risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk;

  • (b) authorize an unconfined release, where the proposed release poses minimal risk to the environment, and may, where necessary in order to minimize the risk, impose conditions for the management of the risk; or

  • (c) refuse to authorize the release, where the proposed release poses an unacceptable risk to the environment.

• (2) In evaluating the risk to the environment for the purposes of subsection (1), the Minister shall

  • (a) consider such matters as

    • (i) the effects of the release on the environment, and

    • (ii) the magnitude of the exposure to the environment of the seed involved in the proposed release; and

  • (b) assess whether the seed is toxic.

• (3) The Minister may decide not to grant an authorization to a person under subsection (1) if the Minister has reasonable grounds for believing that the person may not comply with the conditions that would be imposed under that subsection in respect of the release or the requirements of section 111.1 in respect of the release.

Requirements Applying to Confined Release

• 111.1 (1) In this section, feed and livestock have the meanings assigned by section 2 of the Feeds Act.

• (2) Every person who is granted an authorization under paragraph 111(1)(a) for the confined release of seed with a novel trait, or who is in charge of carrying out the confined release,

  • (a) shall prevent the seed and any plants derived from the seed from entering into any feed for livestock, or entering into any food for humans;

  • (b) shall provide the Agency on request with copies of, or allow the Agency to examine,

    • (i) any contracts that the person enters into or has entered into with any persons in relation to the confined release, and

    • (ii) the person’s records with respect to the confined release, including records of any trials of the seed;

  • (c) shall be responsible for all costs of the actions required to remedy any situation caused by an accidental release of the seed; and

  • (d) shall be responsible for all costs of collection, storage and disposal of the seed and plants derived from the seed if the Minister requires the person to stop the confined release.

New Information Requirements

• 112 (1) Where, at any time after providing notification pursuant to paragraph 109(1)(a) or receiving authorization pursuant to subsection 111(1), a person becomes aware of any new information regarding risk to the environment, including risk to human health, that could result from the release, the person shall immediately provide the new information to the Minister.

• (1.1) For greater certainty, the new information referred to in subsection (1) includes new information with respect to the matters described in subsection 110(1) if that new information is in regard to risk to the environment, including risk to human health, that could result from the release.

• (2) Where the Minister, on the basis of the new information provided by a person pursuant to subsection (1), re-evaluates the potential impact on and risk to the environment, including the potential impact on and risk to human health, posed by the release and determines that there is

  • (a) a risk that is less than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) where the release has already been authorized, maintain the existing conditions respecting the release,

    • (ii) change the conditions respecting the release, or

    • (iii) remove any of the conditions respecting the release;

  • (b) a risk that is greater than was apparent at the time of the original notification or at the time of any subsequent provision of new information since the original notification, the Minister may

    • (i) impose additional conditions respecting the release, or

    • (ii) change the conditions respecting the release; or

  • (c) an unacceptable risk, the Minister shall

    • (i) refuse to authorize the release, or

    • (ii) where the release has already been authorized, cancel the authorization and require the person to stop the release and to take any appropriate action necessary to eliminate or minimize the risk.

• (3) In re-evaluating the risk to the environment on the basis of new information for the purposes of subsection (2), the Minister shall consider the matters referred to in paragraph 111(2)(a) and make the assessment referred to in paragraph 111(2)(b).