Seeds Regulations

13.2 (1) Subject to subsections (2) and (4), the Registrar shall suspend the accreditation of a grader or the licence of a sampler if

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

• (b) the grader or sampler does not comply with a provision of the Act, the Canada Agricultural Products Act or these Regulations.

(2) The Registrar shall not suspend the accreditation of a grader or the licence of a sampler if, before the grader or sampler is heard under paragraph (4)(b), the grader or sampler takes corrective measures and an inspector verifies that those measures have been taken.

(3) Subject to subsections (4) and (5), the Registrar shall cancel the accreditation of a grader or the licence of a sampler if

• (a) the grader or sampler does not pay the applicable annual fee before January 1 of the year in respect of which the accreditation or licence is to be renewed;

• (b) in the case of a grader, the grader maintains any false or misleading records or samples in respect of any seed that the grader has graded, or the grader falsely represents any seed to be of pedigreed status;

• (c) in the case of a sampler, the sampler maintains any false or misleading records or samples in respect of any seed that the sampler has sampled;

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

• (e) the accreditation of the grader or the licence of the sampler has been suspended three times within a 24-month period; or

• (f) the suspension of the accreditation or licence has been in effect for one year and the grader or sampler has not yet implemented corrective measures.

(4) The Registrar shall not suspend or cancel the accreditation of a grader or the licence of a sampler unless

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

• (b) the Registrar has given the grader or sampler 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 the accreditation or licence to the grader or sampler.

(5) The Registrar shall not cancel the accreditation of a grader or the licence of a sampler for a reason set out in any of paragraphs (3)(a) to (d) if

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

• (b) the grader or sampler undertakes to notify 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 indicated by the Registrar.

(6) A suspension of an accreditation or licence remains in effect until

• (a) an inspector verifies that the grader or sampler has taken corrective measures; and

• (b) the Registrar notifies the grader or sampler in writing that the suspension is lifted.

(7) The Registrar shall not renew the accreditation of a grader whose accreditation has been suspended three times, or the licence of a sampler whose licence has been suspended three times, unless after the third suspension the grader or sampler has successfully completed the applicable evaluations referred to in subsection 13.1(1).

(8) [Repealed, SOR/2007-223, s. 10]

(9) If an individual’s accreditation as a grader or licence as a sampler has been cancelled for a reason set out in any of paragraphs (3)(b) to (e), the Registrar shall not accept an application from the individual to be accredited or licensed again unless 24 months have gone by since the cancellation and the individual satisfies the conditions set out in subsections 13.1(1) to (2.1).