Seeds Regulations (C.R.C., c. 1400)

Conditions Respecting Registered Establishments

• 86 (1) Every operator of a registered establishment shall keep at the establishment

  • (a) up-to-date copies of the Seeds Act, these Regulations and all other written material that the Agency delivers to the establishment from time to time; and

  • (b) a list that identifies

    • (i) the measures and documentation required to ensure that the establishment is in compliance with the requirements of these Regulations,

    • (ii) the persons who, where applicable, handle, store, sample, test, process, grade, label and document all seed in the establishment, and

    • (iii) the operators of the establishment.

• (2) Every approved conditioner shall have

  • (a) processing equipment of such construction and design that it may be properly cleaned between the processing of successive seed lots so as to eliminate residues and prevent contamination; and

  • (b) equipment for drawing representative samples of seed.

• (3) Every bulk storage facility and every authorized importer shall have adequate storage facilities to enable the identification and maintain the identity of different seed lots and to prevent cross-contamination.

Suspension and Cancellation of Registration

• 87 (1) Subject to subsection (2) and section 89, the Registrar shall suspend the registration of an establishment where

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

  • (b) the establishment does not comply with a provision of the Act, the Seeds Act or these Regulations; or

  • (c) the applicable fee set out in the Canadian Food Inspection Agency Fees Notice for a service provided to that establishment has not been paid.

• (2) The Registrar shall not suspend the registration of an establishment where, before the registrant is heard pursuant to paragraph 89(b), the registrant takes corrective measures and an inspector verifies that those measures have been taken.

88 Subject to sections 89 and 90, the Registrar shall cancel the registration of an establishment where

• (a) the registrant does not pay the applicable annual renewal fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the registration is to be renewed;

• (b) the registrant maintains any false or misleading records or samples in respect of any seed in the establishment;

• (c) the registrant falsely represents any seed to be of pedigreed status;

• (d) the registrant provides false or misleading information to an inspector;

• (e) the registration of an establishment has been suspended three times within a 24 month period; or

• (f) the suspension of a registration has been in effect for one year and the registrant has not yet implemented corrective measures.

88.1 The Registrar shall cancel the registration of an establishment at the request of the registrant.

89 The Registrar shall not suspend or cancel the registration of an establishment unless

• (a) an inspector has provided the registrant with a written report setting out the reasons for the suspension or cancellation;

• (b) the Registrar has given the registrant an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

• (c) the Registrar has sent a notice of suspension or cancellation of registration to the registrant.

90 The Registrar shall not cancel the registration of an establishment for a reason set out in any of paragraphs 88(a) to (d) where

• (a) the registrant establishes that the basis for the cancellation was the result of an error and the registrant took precautions and exercised due diligence to prevent the occurrence of the error;

• (b) the registrant undertakes to bring the error to the attention of the persons likely to be affected by the error by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

• (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time period indicated by the Registrar.

91 A suspension of a registration shall remain in effect until

• (a) an inspector verifies that the registrant has taken corrective measures; and

• (b) the Registrar notifies the registrant in writing that the suspension is lifted.

92 The Registrar shall not, before the expiration of a period of 24 months following a cancellation of a registration, accept an application for the registration of an establishment from a registrant whose registration was cancelled for a reason set out in any of paragraphs 88(b) to (e).

Operation of Registered Establishments

• 93 (1) Every registered establishment shall have an individual identified as the operator of the establishment who

  • (a) is licensed as an operator pursuant to these Regulations;

  • (b) supervises all operations in the establishment; and

  • (c) is ultimately responsible, where applicable, for the proper handling, storage, sampling, testing, processing, grading, labelling and documentation of all seed in the establishment.

• (2) Every operator shall inform the Agency, not less than 48 hours before shipment, of the first 10 seed lots that are handled by the establishment under the supervision of that operator.

• (3) Every operator shall maintain records and samples, including certificates of analysis, crop certificates where applicable and representative samples, to ascertain the status and grade of every seed lot that has been handled by the establishment for a period of one year after the final disposition of the seed lot, and, in the case of Foundation and Registered status seed, for a period of two years after the disposition of the seed lot.

• (4) When seed of pedigreed status is conditioned or graded, the operator shall

  • (a) complete, within 30 days after the conditioning or grading, a pedigreed seed declaration that contains sufficient information to permit the tracing of all claims made with respect to the seed, including the name of the grower, crop certificate number, quantity of seed and official tag use; and

  • (b) keep the declaration for a period of one year after the final disposition of the seed and, in the case of foundation status and registered status seed, for a period of two years after the final disposition of the seed.

Operators

94 No individual shall operate a registered establishment without being licensed by the Registrar for that purpose.

Licences

• 95 (1) Subject to section 97, an individual who wishes to be licensed as an operator of a registered establishment shall

  • (a) apply for a licence in writing to

    • (i) a conformity verification body, or

    • (ii) the Registrar, if there is no conformity verification body; and

  • (b) submit to an evaluation that is set by the Registrar that measures knowledge of the principles and practices for the handling, storage, labelling and documentation of seed.

• (2) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an approved conditioner shall submit to an evaluation that is set by the Registrar that measures the individual’s knowledge of the principles and practices for the preparing, sampling, testing and grading of seed of pedigreed status.

• (3) In addition to the evaluation referred to in paragraph (1)(b), an individual who wishes to be licensed as an operator of an authorized importer shall submit to an evaluation that is set by the Registrar that measures the individual’s knowledge of the requirements for importing seed.

96 The Registrar shall, on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice, issue a licence to the individual as an operator of an approved conditioner, a bulk storage facility or an authorized importer, as the case may be, if the individual has obtained a mark of

• (a) at least 80 per cent on the evaluations referred to in paragraphs 95(1)(b) and (2)(a), and

• (b) at least 90 per cent on the evaluation referred to in paragraph 95(2)(b).

97 [Repealed, SOR/2001-93, s. 13]

98 Unless a licence is suspended or cancelled under section 99 or 100, and subject to section 104, the Registrar shall renew the licence of an operator annually, on the recommendation of a conformity verification body or, if there is no conformity verification body, on the payment by the operator, before January 1 of the year in respect of which the licence is to be renewed, of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• 98.1 (1) If a conformity verification body refuses to make a recommendation to the Registrar that an individual be licensed under section 96 or that an individual’s licence be renewed under section 98, 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 reasons 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 individual be licensed, or that the individual’s licence be renewed, the Registrar shall license the individual or renew the individual’s licence, 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.

Suspension and Cancellation of Licences

• 99 (1) Subject to subsection (2) and section 101, the Registrar shall suspend the licence of an operator where

  • (a) false or misleading information has been submitted in support of the application for a licence;

  • (b) the operator does not comply with a provision of the Act, the Seeds Act or these Regulations; or

  • (c) the applicable fee set out in the Canadian Food Inspection Agency Fees Notice for a service provided to that operator has not been paid.

• (2) The Registrar shall not suspend the licence of an operator where, before the operator is heard pursuant to paragraph 101(b), the operator takes corrective measures and an inspector verifies that those measures have been taken.

100 Subject to sections 101 and 102, the Registrar shall cancel the licence of an operator where

• (a) the operator does not pay the applicable annual renewal fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the licence is to be renewed;

• (b) the operator maintains any false or misleading records or samples in respect of any seed in the establishment;

• (c) the operator falsely represents any seed to be of pedigreed status;

• (d) the operator provides false or misleading information to an inspector;

• (e) the licence of the operator has been suspended three times within a 24 month period; or

• (f) the suspension of a licence has been in effect for one year and the operator has not yet implemented corrective measures.

101 The Registrar shall not suspend or cancel the licence of an operator unless

• (a) an inspector has provided the operator with a written report setting out the reasons for the suspension or cancellation;

• (b) the Registrar has given the operator an opportunity to be heard, either by written or oral representations, in respect of the suspension or cancellation; and

• (c) the Registrar has sent a notice of suspension or cancellation of licence to the operator.

102 The Registrar shall not cancel the licence of an operator for a reason set out in any of paragraphs 100(a) to (d) where

• (a) the operator establishes that the basis for the cancellation was the result of an error and the operator took precautions and exercised due diligence to prevent the occurrence of the error;

• (b) the operator undertakes to bring the error to the attention of the persons likely to be affected by it by placing an announcement in such media, and within such time, not exceeding 30 days, as the Registrar indicates; and

• (c) an inspector verifies that the announcement referred to in paragraph (b) was made within the time period indicated by the Registrar.