Seeds Regulations (C.R.C., c. 1400)

Breeder’s Selection

• 61.1 (1) Certification of Breeder’s Selection seed potatoes on a farm unit shall comply with all of the following conditions:

  • (a) the parental material has been tested and not found positive for potato spindle tuber viroid;

  • (b) a sample of the lot or growing crop has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the application for inspection has been completed in accordance with section 49;

  • (d) all fees have been paid in accordance with section 62;

  • (e) the Breeder’s Selection seed potatoes are not grown within 10 m of any class of seed potatoes;

  • (f) the Breeder’s Selection seed potatoes are inspected at least twice during the growing season; and

  • (g) the Breeder’s Selection seed potatoes have met the standards set out in subsection 47.7(3) for Foundation seed potatoes.

• (2) The movement of Breeder’s Selection seed potatoes shall be in containers of 20 kg or less and are otherwise subject to the requirements set out in subsection 54(1).

Fees

• 62 (1) The fee that a grower shall pay for an inspection under this Part is the applicable fee provided for in the Canadian Food Inspection Agency Fees Notice.

• (2) The fee shall be submitted with the form referred to in subsection 49(1).

• (3) No portion of a fee referred to in subsection (1) is refundable after an inspector has begun an inspection of a crop in respect of which the fee was paid.

• (4) A crop certificate will not be issued for any fields under cultivation by that grower until all applicable fees have been paid.

62.1 No fees set out in the Canadian Food Inspection Agency Fees Notice are payable by a grower in the Province of Newfoundland with respect to crops grown in Newfoundland.

PART IIIVariety Registration

Interpretation

63 In this Part,

applicant

applicant means any person who

• (a) resides permanently in Canada,

• (b) applies to the Registrar for the registration of a variety, and

• (c) to whom any notice or correspondence under the Act and these Regulations may be sent; (demandeur)

Certificate of Registration

Certificate of Registration means a certificate issued by the Registrar certifying that the variety named therein is registered under these Regulations; (certificat d’enregistrement)

list of experts

list of experts means a list established pursuant to section 71; (liste d’experts)

merit

merit means, with respect to a variety, that the variety is equal or superior to appropriate reference varieties with regard to any single characteristic or combination of characteristics that renders the variety beneficial for a particular use in a specific area of Canada; (valeur)

recommending committee

recommending committee means a committee that is approved by the Minister under section 65.1; (comité de recommandation)

region

region means a province, a group of provinces, the Canadian Wheat Board Area or that part of Canada outside the Canadian Wheat Board Area; (région)

registrant

registrant means the person to whom a Certificate of Registration is issued; (titulaire)

Registrar

Registrar means the person designated by the President to register varieties; (registraire)

representative reference sample

representative reference sample means a sample of seed that is submitted in support of registration of a variety and guaranteed by the owner or breeder of the variety as truly representing the variety. (échantillon de référence représentatif)

Application

64 This Part applies in respect of seed and seed potatoes.

Exemptions

65 Every variety, other than a variety of a species, kind or type listed in Schedule III, is exempted from the prohibition set out in paragraph 3(1)(b) of the Act.

Recommending Committees

• 65.1 (1) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part I of Schedule III, to determine the merit of the varieties and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the members of the committee have the knowledge and expertise required to determine the merit of the varieties of that species, kind or type of crop;

  • (c) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (d) the procedures established by the committee for determining the merit of varieties of that species, kind or type of crop are appropriate for that purpose and are based on scientific principles;

  • (e) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (f) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (2) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part II of Schedule III and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (c) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (d) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (3) In carrying out its functions, a recommending committee must apply the testing protocols it has established, act in accordance with its operating procedures and, in the case of a committee approved under subsection (1), apply the procedures it has established to determine the merit of varieties.

• (4) For the purposes of subsections 67(1) and 67.1(1), the recommendation of a recommending committee must be based on the following:

  • (a) in the case of a species, kind or type of crop that is listed in Part I of Schedule III, the results of testing the variety in accordance with the relevant testing protocols and a determination of whether the variety has merit; and

  • (b) in the case of a species, kind or type of crop that is listed in Part II of Schedule III, the results of testing the variety in accordance with the relevant testing protocols.

Condition of Registration

66 No variety may be registered unless an application for the registration of the variety is made to the Registrar under this Part.

Applications for Registration

• 67 (1) An application for the registration of a variety shall be signed by the applicant and shall

  • (a) contain the following information, namely,

    • (i) the proposed variety name,

    • (ii) the scientific and common names of the kind or species to which the variety belongs,

    • (iii) a description of the pedigree, origin, history and methods of development of the variety,

    • (iv) a detailed description of the variety including, where applicable, morphological, agronomic, pathological, physiological and biochemical characteristics,

    • (v) a recommendation that is not more than two years old from a recommending committee stating whether the variety should be registered,

    • (vi) the results of the testing on which the recommendation is based,

    • (vii) a statement as to whether the variety is sold in other countries and, if so, the name or names under which it is sold,

    • (viii) particulars of the arrangements for the maintenance of seed stocks, and

    • (ix) the name and address of the Canadian representative of the variety; and

  • (b) be accompanied by

    • (i) where the applicant is a person other than the breeder or owner of the variety, a signed statement from the breeder or owner of the variety indicating that the applicant has been authorized by the breeder or owner of the variety to apply for the registration of the variety in Canada,

    • (ii) for every variety except varieties of potatoes, a representative reference sample of seed of that variety, and

    • (iii) for potatoes, a set of photographic slides or digital images that detail plant morphology.

• (1.1) Subparagraphs (1)(a)(v) and (vi) do not apply in respect of a species, kind or type of crop that is listed in Part III of Schedule III.

• (2) The Registrar may, in addition to the information referred to in subsection (1), require that the applicant provide such further information as may be necessary to determine the merit and identity of the variety.

• (3) The applicant or the registrant, as the case may be, shall provide the Registrar with any information pertaining to the genetic purity or the utility of a variety which differs in any way from the information supplied in support of the application for registration, forthwith upon receiving the information.

Eligibility Requirements for Variety Registration

• 67.1 (1) A variety of a species, kind or type of crop that is listed in Part I of Schedule III is eligible for registration if

  • (a) the variety has merit;

  • (b) the variety has been tested in accordance with the testing protocols of a recommending committee;

  • (c) the recommending committee has made a recommendation respecting registration of the variety;

  • (d) the variety or its progeny is not detrimental to human or animal health and safety or the environment when grown and used as intended;

  • (e) the representative reference sample of the variety does not contain off-types or impurities in excess of the Association’s standards for varietal purity;

  • (f) the variety meets the standards for varietal purity established by the Association or these Regulations for a variety of that species, kind or type;

  • (g) the variety is distinguishable from all other varieties that were or currently are registered in Canada;

  • (h) the variety name is not a registered trademark in respect of the variety;

  • (i) the variety name is not likely to mislead a purchaser with respect to the composition, genetic origin or utility of the variety;

  • (j) the variety name is not likely to be confused with the name of a variety that was or currently is registered;

  • (k) the variety name is not likely to offend the public;

  • (l) no false statement or falsified document and no misleading or incorrect information have been submitted in support of the application for registration; and

  • (m) the information provided to the Registrar is sufficient to enable the variety to be evaluated.

• (2) A variety of a species, kind or type of crop that is listed in Part II of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(b) to (m) are met.

• (3) A variety of a species, kind or type of crop that is listed in Part III of Schedule III is eligible for registration if the requirements for eligibility set out in paragraphs (1)(d) to (m) are met.

Registration

• 68 (1) Subject to subsections (2) and (3), if the requirements set out in sections 67 and 67.1 are met, the Registrar shall

  • (a) register the variety by entering in the Register of Varieties

    • (i) the variety name of the seed,

    • (ii) the kind or species of seed,

    • (iii) the registration number,

    • (iv) the registration date, and

    • (v) where appropriate, the information referred to in section 69; and

  • (b) issue a Certificate of Registration to the applicant.

• (2) The Registrar shall make the registration of a variety subject to the following terms and conditions, where applicable:

  • (a) in the case of a variety of a species, kind or type of crop that is listed in Part I or II of Schedule III, if a minimum of one year of testing demonstrates that the variety may be eligible for registration but that further testing is required before a final decision can be rendered, the registration shall be limited to an initial period of not more than three years that shall be extended on written request by the applicant if eligibility for registration continues to be demonstrated, but under no circumstances shall the total duration of the registration exceed five years;

  • (b) where the disease susceptibility or inferior quality characteristics of the variety may have an adverse effect in a particular region on the identity of other varieties registered for that region or where in a particular region the variety or progeny thereof may be detrimental to human or animal health and safety or the environment, the registration of the variety shall be restricted to that part of Canada outside that region; and

  • (c) where the biochemical or biophysical characteristics of a variety distinguish it from the majority of registered varieties of the same kind or species and it may have an adverse effect on the identity of those registered varieties, the registrant shall

    • (i) establish and maintain a quality control system for the management of potentially adverse effects of the variety, including management responsibility, contract review, product identification and traceability, inspection, testing, control of nonconforming product, corrective and preventive actions, records and training of personnel,

    • (ii) describe the quality control system in a document and submit the document and any subsequent amendments to that document to the Registrar for review and approval,

    • (iii) implement the quality control system, and

    • (iv) agree in writing, for the purpose of verifying compliance with subparagraph (iii), to provide the Registrar with information relating to the distribution, use and disposition of any seed of the variety or any progeny thereof.

• (3) Where the Registrar makes the registration of a variety subject to any of the terms and conditions referred to in paragraph (2)(c), the Registrar, where applicable, shall make the registration subject to the following additional terms and conditions:

  • (a) each vendor, purchaser and importer of a variety in respect of which paragraph (2)(c) applies shall consent to grow only a crop from that seed using sufficient isolation distances as specified for the production of seed of certified status for that kind or species in the Regulations and Procedures for Pedigreed Seed Crop Production published by the Association, as amended from time to time; and

  • (b) where the variety is visually indistinguishable from registered varieties for which the Canadian Grain Commission has established by regulation official grades and grade names with designated specifications, but the variety does not meet those specifications, the production, harvest and delivery of the crop shall be documented to ensure that all of the seed and its progeny can be accounted for.

• (4) The Registrar shall publish a list of all varieties registered under this Part once a year.