Plant Breeders’ Rights Act

Marginal note:Consideration of applications

• 23 (1) After the publication under section 70 of the particulars of an application, the Commissioner shall, in order to ascertain whether it conforms to this Act, consider the application and all documents and any other material that are submitted to the Commissioner in connection with the application.

• Marginal note:Tests and trials

  (2) For the purpose of determining whether the plant variety to which an application under consideration pursuant to subsection (1) relates is a new variety, the Commissioner shall require such tests and trials with the plant variety, under such conditions, as the Commissioner deems necessary or expedient.

• Marginal note:Fee and materials for tests and trials

  (3) The person on whose part material is submitted for consideration pursuant to subsection (1) shall, for the purposes of tests and trials with the plant variety in question, without prejudice to the requirements of subsection 9(1) and at such time and place as the Commissioner directs,

  • (a) pay the appropriate prescribed examination fee; and

  • (b) furnish any

    • (i) propagating materials,

    • (ii) information, whether by way of photographs, drawings, documentation or otherwise, respecting the plant variety, and

    • (iii) specimens of the plant variety or of parts of it

    that the Commissioner considers necessary for those purposes.