Seeds Regulations (C.R.C., c. 1400)

• 69 (1) Where a registration is made subject to any of the terms and conditions set out in subsections 68(2) and (3), the Registrar shall enter those terms and conditions in the Register of Varieties and shall mark on the face of the Certificate of Registration the word “RESTRICTED” or “LIMITÉ".

• (2) In addition to the requirements of subsection (1), the Registrar may mark any of the terms and conditions set out in subsections 68(2) and (3) on the face of the Certificate of Registration.

70 Where the situation that required the imposition of any of the terms or conditions set out in subsections 68(2) and (3) no longer exists, the Registrar shall enter the cancellation of the term or condition in the Register of Varieties and shall issue a new Certificate of Registration.

List of Experts

• 71 (1) The Registrar must annually establish a list of experts consisting of not less than six and not more than twenty persons whose professional qualifications, experience or achievements in the field of seed or variety development and evaluation render them experts for the purposes of advising the Registrar on matters involving the refusal or cancellation of any registration under this Part.

• (2) The Registrar shall not enter the name of any person on the list of experts unless that person consents to advise the Registrar, on request, on matters involving the refusal or cancellation of any registration under this Part without charging any fees or claiming any disbursements.

72 [Repealed, SOR/2009-186, s. 6]

Review

• 73 (1) Where the Registrar refuses to register a variety or registers the variety subject to any terms and conditions referred to in subsection 68(2) or (3), the Registrar shall send a notice, by registered mail, to the applicant giving the reasons therefor and advising that the applicant may request that the Registrar review the decision.

• (2) The notice referred to in subsection (1) is deemed to be received by the applicant on the seventh day after the day on which the notice was mailed.

• (3) An applicant who receives a notice referred to in subsection (1) may, within thirty days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (4) The request referred to in subsection (3) shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by such documentation or information as the applicant deems appropriate.

• (5) Where the Registrar receives a request referred to in subsection (3), the Registrar shall review the decision.

• (6) The review referred to in subsection (5) shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary to assist the Registrar in the review.

• (7) Where, during the course of a review, the Registrar chooses to be advised by an expert, or the applicant who has requested the review requests that the Registrar be so advised, the Registrar shall select from the list of experts a person who is available and who has no interest in the outcome of the review.

• (8) Where no person from the list of experts is selected because of non-availability or an interest in the outcome of the review, the Registrar may select any person who qualifies to be entered on the list of experts.

• (9) On completion of the review, the Registrar shall immediately notify, by registered mail, the applicant who requested the review of the decision made by the Registrar, including the reasons therefor.

Cancellation of Registration

74 The Registrar must cancel the registration of a variety if

• (a) the variety has demonstrated susceptibility to disease or such inferior quality as to have an adverse effect on Canadian agriculture and the food system;

• (b) the variety has demonstrated significant levels of contamination such that the genetic purity of the variety has been jeopardized;

• (c) the variety has been altered in such a manner that it differs from the representative reference sample;

• (d) the variety or its progeny may be detrimental to human or animal health and safety or the environment;

• (e) false or misleading information was submitted in support of the application for registration;

• (f) the variety name became a registered trademark in respect of that variety after registration;

• (g) the variety has been altered in such a manner as to convert it to a variety that is registered under a different name;

• (h) the variety has been found to be indistinguishable from another variety that was or currently is registered in Canada;

• (i) the variety is no longer subject to the variety registration requirements; or

• (j) the registrant has requested the cancellation of the registration of the variety.

• 75 (1) The Registrar must not cancel the registration of a variety unless the Registrar sends a notice, by registered mail, to the registrant giving the reasons for the cancellation and advising that the registrant may make representations concerning the cancellation to the Registrar in accordance with this section.

• (1.1) Subsection (1) does not apply if the registrant has requested the cancellation of the variety.

• (2) The notice referred to in subsection (1) is deemed to be received by the registrant on the seventh day after the day on which the notice is mailed.

• (3) A registrant who receives a notice referred to in subsection (1) may, within 30 days after the day on which the notice is received, make written representations to the Registrar concerning the cancellation.

• (4) The procedure set out in subsections 73(3) to (9) applies in respect of the review of the representations made under subsection (3), with such modifications as the circumstances require.

• (5) If, on conclusion of the review of the representations made under subsection (3), the Registrar determines that the registration must be cancelled, the cancellation is effective on the seventh day after the day on which the notice of that determination is mailed to the registrant.

• 76 (1) The Registrar must reinstate the registration of a variety if the former registrant makes a written request to reinstate the registration and the Registrar determines that the reasons for cancelling the registration are no longer valid.

• (2) A former registrant who makes a request to reinstate a registration is not required to submit the information referred to in section 67.

Change of a Variety Name

77 The registrant shall apply to the Registrar where the registrant wishes to change a variety name of a variety registered under this Part.

PART IVRegistration of Establishments that Prepare Seed and the Licensing of Operators

Interpretation

78 In this Part,

approved conditioner

approved conditioner means an establishment that prepares seed of pedigreed status and in respect of which a registration as an approved conditioner is in force; (conditionneur agréé)

authorized importer

authorized importer means an establishment that prepares imported seed and in respect of which a registration as an authorized importer is in force; (importateur autorisé)

bulk

bulk, with respect to seed, means not packaged in a fastened container; (en vrac)

bulk storage facility

bulk storage facility means an establishment that stores in bulk seed graded with a Canada pedigreed grade name and in respect of which a registration as a bulk storage facility is in force; (installation d’entreposage en vrac)

registrant

registrant means a person who applies for and is granted registration in respect of an establishment; (détenteur d’agrément)

Registrar

Registrar means the person designated by the President to register establishments and licence operators. (registraire)

Application

79 This Part does not apply in respect of seed potatoes.

Registration of an Establishment

• 80 (1) An application for the registration of an establishment as an approved conditioner, an authorized importer or a bulk storage facility shall be made in writing

  • (a) to a conformity verification body; or

  • (b) to the Registrar, if there is no conformity verification body.

• (2) When making an application under paragraph (1)(b), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

81 If an application is made under section 80 for the registration of an establishment as an approved conditioner, the establishment has the documents referred to in subsection 86(1) and the equipment referred to in subsection 86(2) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as an approved conditioner by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

81.1 If an application is made under section 80 for the registration of an establishment as an authorized importer, the establishment has the documents referred to in subsection 86(1) and the facilities referred to in subsection 86(3) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as an authorized importer by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

82 If an application is made under section 80 for the registration of an establishment as a bulk storage facility, the establishment has the documents referred to in subsection 86(1) and the facilities referred to in subsection 86(3) and either a conformity verification body recommends the registration or, if there is no conformity verification body, the applicant pays the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, the Registrar shall

• (a) register the establishment, for a period ending December 31 of the year in respect of which the application is made, as a bulk storage facility by entering the name of the establishment in the Agency’s Register of Seed Establishments and by assigning a registration number to the establishment; and

• (b) issue a Certificate of Registration in respect of the establishment.

83 [Repealed, SOR/2001-93, s. 9]

84 Unless the registration of an establishment is suspended or cancelled under section 87 or 88, and subject to section 92, the Registrar shall renew the registration of every establishment annually, on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment by the establishment, before January 1 of the year in respect of which the registration is to be renewed, of the applicable renewal fee set out in the Canadian Food Inspection Agency Fees Notice.

• 84.1 (1) If a conformity verification body refuses to make a recommendation to the Registrar that an establishment be registered as an approved conditioner under section 81, as an authorized importer under section 81.1 or as a bulk storage facility under section 82, or that the establishment’s registration be renewed under section 84, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

• (2) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (3) The request shall include the reason why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (4) On receipt of the request, the Registrar shall review the decision.

• (5) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.

• (6) If the Registrar finds that the conformity verification body should have recommended that the establishment be registered as an approved conditioner, an authorized importer or a bulk storage facility, or that the establishment’s registration be renewed, the Registrar shall register the establishment or renew its registration, as the case may be, as if the recommendation had been made.

• (7) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.

85 The operator of a registered establishment shall post in a conspicuous place in the registered establishment the Certificate of Registration issued under section 81, 81.1, 82 or 83 for the period during which the certificate remains in force.