Plant Breeders’ Rights Act

Marginal note:Secrecy

• 53 (1) Every person commits an offence who wilfully discloses any information with regard to any variety in respect of which an application for plant breeder’s rights is made or with regard to the business affairs of the applicant that was acquired by that person in performing any functions under this Act except where the information is disclosed

  • (a) to the Minister, the advisory committee or the Commissioner or to any other person for the purposes of the performance by that other person of any functions pursuant to this Act or of any duties in an official capacity for enforcement of this Act; or

  • (b) in compliance with any requirements imposed by or under this Act or by virtue of any power lawfully exercised in the course or for the purposes of any judicial proceedings.

• Marginal note:Offences respecting denominations and sales

  (2) Every person commits an offence who

  • (a) wilfully contravenes section 15;

  • (b) for the purposes of selling any propagating material for propagation or multiplication, wilfully designates the material by reference to

    • (i) a denomination different from any denomination registered in respect of the plant variety of which the material is propagating material,

    • (ii) a denomination registered in respect of a plant variety of which the material is not propagating material, or

    • (iii) a denomination corresponding so closely to a registered denomination as to mislead; or

  • (c) knowingly, for the purpose of selling any propagating material for propagation or multiplication, represents falsely that the material is propagating material of, or is derived from, a plant variety in respect of which plant breeder’s rights are held or have been applied for.

• Marginal note:Falsification in relation to administration

  (3) Every person commits an offence who, in relation to the administration of this Act, knowingly

  • (a) makes any false representation;

  • (b) makes or causes to be made any false entry in the register or any record;

  • (c) makes or causes to be made any false document or any alteration, false in a material respect, in the form of a copy of any document; or

  • (d) produces or tenders any document containing false information.

• Marginal note:Punishment of individuals

  (4) An individual who commits an offence under subsection (1), (2) or (3)

  • (a) is liable on summary conviction to a fine of not more than five thousand dollars; or

  • (b) is liable on conviction on indictment to a fine of not more than fifteen thousand dollars or to imprisonment for a term not exceeding three years, in the case of an offence under subsection (1) or (2), or five years, in the case of an offence under subsection (3), or to both.

• Marginal note:Punishment of corporations

  (5) A corporation that commits an offence under subsection (1), (2) or (3)

  • (a) is liable on summary conviction to a fine of not more than twenty-five thousand dollars; or

  • (b) is liable on conviction on indictment to a fine the amount of which is in the discretion of the court.

• Marginal note:Definition of “representation”

  (6) In this section, representation includes any manner of express or implied representation, by whatever means it is made.

• Marginal note:Limitation period

  (7) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the time the subject-matter of the prosecution becomes known to the Minister.

• Marginal note:Minister’s certificate

  (8) A document purporting to have been issued by the Minister, certifying the day on which the subject-matter of any prosecution became known to the Minister, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.