Seeds Regulations

74 (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two years after the day on which the registration of a variety is suspended that the reasons for the suspension are no longer valid, the Registrar shall revoke the suspension.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 already registered or known to exist;

• (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two years after the day on which the registration of a variety was suspended that the reasons for the suspension are no longer valid; or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.