Plant Breeders’ Rights Act

Marginal note:Regulations

• 75 (1) The Governor in Council may make regulations for carrying out the purposes and provisions of this Act and, without limiting the generality of the foregoing, may make regulations

  • (a) determining the nature of any charges that a person may be required to pay in respect of any services provided in the execution of any functions by or under the authority of the Commissioner;

  • (b) limiting, extending or providing for the extension, whether before or after the expiration, of the period for doing anything pursuant to this Act;

  • (c) defining the meanings of the words and expressions “commercially acceptable”, “description”, “designation”, “identifiable characteristics”, “recently prescribed category”, “representations”, “reasonably priced” and “widely distributed” for the purposes of this Act;

  • (d) requiring

    • (i) the publication in the Trade Marks Journal of prescribed particulars respecting proposals, approvals and changes of denominations pursuant to section 14, and

    • (ii) notwithstanding anything in subsection 73(1), the advisory committee’s advice as a prerequisite for the execution of any functions by the Minister or the Commissioner;

  • (e) establishing principles to be observed by the Commissioner in disposing of applications for compulsory licences and, particularly, in complying with subsection 32(2);

  • (f) giving effect to the terms of

    • (i) any convention with a view to the fulfilment of which any country is prescribed as a country of the Union, and

    • (ii) any agreement with a view to the fulfilment of which any country is prescribed as an agreement country,

    and, notwithstanding anything in this Act, qualifying or curtailing any rights, protection or other benefits under this Act to any extent conducive to reciprocity between Canada and any such country;

  • (g) distinguishing the kind of matters to be published in any of the ways contemplated by subsection 71(1);

  • (h) assigning powers or duties to persons employed by the Canadian Food Inspection Agency or designated by the President of the Agency to administer or enforce this Act or appointed or engaged pursuant to subsection 59(1);

  • (i) providing for the organization, including fixing the times of operation and closure, of the Plant Breeders’ Rights Office, panels constituted under paragraph 59(1)(b) and the business thereof;

  • (j) specifying or defining methods, procedural requirements or conditions that shall be observed or may, at the discretion of the Commissioner, be adopted or imposed for the purpose or in the course of instituting, proceeding on, dealing with or disposing of any applications, objections, requests, representations, examinations, tests, trials or matters involving investigation or requiring determination by or under the authority of the Commissioner;

  • (k) providing

    • (i) in relation to any category of plant, for any of the grants of plant breeder’s rights respecting new varieties of that category to be made, at the applicant’s request, on terms allowing an exemption, revocable by the Commissioner, from compulsory licensing under section 32 or from the requirements of any conditions described in section 29 or from both,

    • (ii) for the inclusion, in the terms of a grant referred to in section 29 or subparagraph (i), of any terms in, on or subject to which any conditions described in that section shall be imposed or complied with or any exemption may, pursuant to that subparagraph, be allowed or revoked, and

    • (iii) for paragraph 35(1)(e) to apply to any obligations under any of those conditions as that paragraph applies to an obligation under the terms of a compulsory licence, and for the extended application of subsection 35(1) and sections 36 and 37 accordingly;

  • (l) prescribing

    • (i) matters to be entered in, and the forms of, the register, the index, applications for plant breeders’ rights and any other record, instrument or document to be kept, made or used pursuant to or for the purposes of this Act,

    • (ii) all or any of the means by which or the factors or criteria by reference to which, whether they are found in Canada or elsewhere, common knowledge or the absence thereof may or shall be or ought not to be regarded as established for the purposes of paragraph 4(2)(a) or section 62,

    • (iii) the fees payable by a person in respect of any facilities afforded by the Plant Breeders’ Rights Office,

    • (iv) the time at or within which and the manner in which any charge, the nature of which is determined under paragraph (a), or any prescribed fee shall be paid,

    • (v) the circumstances in which any charge or fee referred to in subparagraph (iv) may or shall be refunded in whole or in part, and

    • (vi) matters in respect of which the Commissioner is to be satisfied before an exemption referred to in subparagraph (k)(i) may be revoked;

  • (m) respecting the procedure for review of cases involving decisions given by the Commissioner pursuant to any provision of this Act; and

  • (n) prescribing any matter required or authorized by this Act to be prescribed.

• Marginal note:Publication of proposed regulations

  (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make pursuant to this Act shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect thereto.

• Marginal note:Exemptions

  (3) Subsection (2) does not apply in respect of a proposed regulation that

  • (a) has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection; or

  • (b) makes no material substantive change in an existing regulation.