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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 ISeeds other than Seed Potatoes (continued)

Samplers and Graders

[SOR/2003-6, s. 106]
  •  (1) Any person who wishes to be accredited as a grader or licensed as a sampler shall

    • (a) apply for the accreditation or the licence in writing to

      • (i) a conformity verification body, or

      • (ii) the Registrar, if there is no conformity verification body;

    • (b) submit to an evaluation that is set by the Registrar and that measures knowledge of the principles and practices for the conditioning, sampling, testing and grading of seed of pedigreed status;

    • (c) where the individual wishes to be licensed to sample seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so sample;

    • (c.1) where the individual wishes to be accredited to retrieve, identify, classify and report weed seeds and other impurities from officially recognized samples, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so retrieve, identify, classify and report;

    • (c.2) where the individual wishes to be accredited to grade seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to grade seed; and

    • (d) where the individual wishes to be accredited to evaluate imported seed and accompanying documents for conformity with these Regulations, submit to an evaluation that is set by the Registrar that measures an individual’s ability to so evaluate.

  • (1.1) When making an application under subparagraph (1)(a)(ii), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

  • (2) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d), the Registrar shall accredit the individual as a grader for a period ending on December 31 of the following year and issue a certificate certifying that the individual is an accredited grader,

    • (a) on the recommendation of a conformity verification body; or

    • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

  • (2.1) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c), the Registrar shall issue to the individual a licence as a sampler for a period ending on December 31 of the following year,

    • (a) on the recommendation of a conformity verification body; or

    • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

  • (3) [Repealed, SOR/2007-223, s. 9]

  • (4) [Repealed, SOR/2000-183, s. 39]

  • (5) Unless the accreditation of a grader or the licence of a sampler has been suspended or cancelled under section 13.2, and subject to subsection 13.2(7), the Registrar shall annually renew the accreditation or the licence, either on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable annual fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation or licence is to be renewed.

  • (6) The accreditation of a person as a grader or sampler is limited to those activities referred to in paragraphs (1)(b) to (d) for which the person has been evaluated and is qualified.

  • (7) If a conformity verification body refuses to make a recommendation to the Registrar that an applicant’s accreditation as a grader or sampler be certified or renewed, 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.

  • (8) 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.

  • (9) The request shall include the reasons 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.

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

  • (11) 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.

  • (12) If the Registrar finds that the conformity verification body should have recommended that the applicant’s accreditation as a grader or sampler be certified or renewed, the Registrar shall certify the accreditation or renew it, as the case may be, as if the recommendation had been made.

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

  • SOR/96-252, s. 2
  • SOR/97-534, s. 5
  • SOR/2000-183, s. 39
  • SOR/2001-93, s. 2
  • SOR/2003-6, s. 107
  • SOR/2007-223, s. 9
  • SOR/2015-55, s. 12
  •  (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if

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

    • (b) the grader or sampler does not comply with a provision of the Act or these Regulations.

  • (2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.

  • (3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if

    • (a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;

    • (b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;

    • (c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;

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

    • (e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or

    • (f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.

  • (4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless

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

    • (b) the Registrar has given the grader or sampler 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 the accreditation or licence to the grader or sampler.

  • (5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if

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

    • (b) the grader or sampler undertakes to notify 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 indicated by the Registrar.

  • (6) A suspension of an accreditation or licence remains in effect until

    • (a) an inspector verifies that the grader or sampler has taken corrective measures; and

    • (b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.

  • (7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).

  • (8) [Repealed, SOR/2007-223, s. 10]

  • (9) If an individual’s accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).

  • SOR/96-252, s. 2
  • SOR/2001-93, s. 3
  • SOR/2003-6, s. 108
  • SOR/2007-223, s. 10
  • SOR/2018-108, s. 402
 
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