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Seeds Regulations

Version of section 74 from 2009-06-18 to 2014-05-15:

  •  (1) The Registrar shall suspend the registration of a variety where

    • (a) the variety has demonstrated susceptibility to disease or such inferior quality as to have an adverse effect on Canadian agriculture and the food system;

    • (b) the variety has demonstrated significant levels of contamination such that the genetic purity of the variety has been jeopardised;

    • (c) the variety has been altered in such a manner that it differs from the representative reference sample;

    • (d) the variety or its progeny may be detrimental to human or animal health and safety or the environment;

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

    • (f) the variety name became a registered trademark in respect of that variety after registration.

  • (2) Where the Registrar confirms within two years after the day on which the registration of a variety is suspended that the reasons for the suspension are no longer valid, the Registrar shall revoke the suspension.

  • (3) Where the Registrar revokes the suspension of the registration of a variety pursuant to subsection (2), the Registrar shall immediately notify, by registered mail, the registrant.

  • (4) The Registrar shall cancel the registration of a variety where

    • (a) the variety has been altered in such a manner as to convert it to a variety that is registered under a different name;

    • (b) the variety has been found to be indistinguishable from another variety that was or currently is registered in Canada;

    • (c) the registrant has not established within two years after the day on which the registration of a variety was suspended that the reasons for the suspension are no longer valid; or

    • (d) the variety is no longer subject to the variety registration requirements.

  • (5) Subject to subsection 75(1), the Registrar shall suspend or cancel, as the case may be, the registration of a variety on request of the registrant.

  • SOR/86-849, s. 8
  • SOR/96-252, s. 3
  • SOR/2009-186, s. 7
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