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 if the plant variety to which the application relates meets the requirements set out in section 4, the Commissioner shall require the performance of any tests and trials with the plant variety, under any conditions, as the Commissioner considers necessary.

• Marginal note:Fee and materials

  (3) The person on whose part material is submitted for consideration under subsection (1) shall, without prejudice to the requirements of subsection 9(1) and at the time and place that the Commissioner directs,

  • (a) pay the appropriate prescribed examination fee;

  • (b) provide any of the following that the Commissioner considers necessary for the purposes of carrying out or evaluating the results of tests and trials with the plant variety in question:

    • (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; and

  • (c) provide any prescribed information, documents or materials.