Marginal note:Short title

1. This Act may be cited as the Plant Breeders’ Rights Act.

Marginal note:Definitions

• 2. (1) In this Act,

  “advertise”

  « publicité »

  “advertise”, in relation to a plant variety, means to distribute to members of the public or to bring to their notice, in any manner whatever, any written, illustrated, visual or other descriptive material, oral statement, communication, representation or reference with the intention of promoting the sale of any propagating material of the plant variety, encouraging the use thereof or drawing attention to the nature, properties, advantages or uses thereof or to the manner in which or the conditions on which it may be purchased or otherwise acquired;

  “advisory committee”

  « comité consultatif »

  “advisory committee” means such advisory committee as may be constituted pursuant to subsection 73(1);

  “agent”

  « mandataire »

  “agent”, in relation to an applicant or a holder of plant breeder’s rights, means a person who is duly authorized by the applicant or holder to act, for the purposes of this Act, on behalf of the applicant or holder and to whom as a person so authorized recognition is, consistent with any requirements prescribed therefor, accorded by the Commissioner;

  “agreement country”

  « pays signataire »

  “agreement country” means

  • (a) any country,

  • (b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or

  • (c) any territory over which another country exercises a mandate or trusteeship,

  that is prescribed as an agreement country with a view to the fulfilment of a bilateral agreement concerning the rights of plant breeders made between Canada and that country;

  “applicant”

  « requérant »

  “applicant” means a person by or on behalf of whom an application for the grant of plant breeder’s rights is made pursuant to section 7;

  “breeder”

  « obtenteur »

  “breeder”, in respect of a plant variety, means

  • (a) where any person acting within the scope of the person’s duties as an officer, servant or employee of another person originates or discovers the plant variety, that other person, and

  • (b) where any person not acting as described in paragraph (a) originates or discovers the plant variety, that person;

  “category”

  « catégorie »

  “category” means a species or any class within a species;

  “Commissioner”

  « directeur »

  “Commissioner” means the Commissioner of Plant Breeders’ Rights designated pursuant to subsection 56(2) and, except in section 56, includes any person acting under a written authorization given pursuant to section 58;

  “country of the Union”

  « État de l’Union »

  “country of the Union” means

  • (a) any country,

  • (b) any colony, protectorate or territory subject to the authority of another country or under its suzerainty, or

  • (c) any territory over which another country exercises a mandate or trusteeship,

  that is prescribed as a country of the Union with a view to the fulfilment of a convention constituting a Union for protecting new varieties of plants that includes Canada among its members;

  “holder”

  « titulaire »

  “holder”, in relation to plant breeder’s rights, means the person whom the register indicates, with respect to a plant variety, is entitled to the plant breeder’s rights respecting that variety by a grant made under section 27 or is an assignee of, or other successor in title to, the rights granted under that section in respect of that variety;

  “index”

  « répertoire »

  “index” means the index prepared pursuant to section 62;

  “infringement”

  « violation »

  “infringement”, in relation to plant breeder’s rights, means the doing, without authority under this Act, of anything that the holder of those rights has the exclusive right to do as provided in subsection 5(1);

  “legal representative”

  « représentant légal »

  “legal representative”, in respect of a breeder of a plant variety, includes the breeder’s executor or administrator and any assignee of, or other successor in title to, the rights of the breeder in respect of the plant variety;

  “Minister”

  « ministre »

  “Minister” means the Minister of Agriculture and Agri-Food;

  “new variety”

  « obtention végétale »

  “new variety” means a plant variety that complies with the requirements of section 4;

  “plant breeder’s rights”

  « certificat d’obtention »

  “plant breeder’s rights” means the rights referred to in subsection 5(1);

  “plant variety”

  « variété végétale »

  “plant variety” means any cultivar, clone, breeding line or hybrid of a prescribed category of plant that can be cultivated;

  “prescribed”

  Version anglaise seulement

  “prescribed” means prescribed by regulation;

  “propagating material”

  « matériel de multiplication »

  “propagating material” means any reproductive or vegetative material for propagation, whether by sexual or other means, of a plant variety, and includes seeds for sowing and any whole plant or part thereof that may be used for propagation;

  “protective direction”

  « certificat temporaire »

  “protective direction” means a protective direction under section 19;

  “register”

  « registre »

  “register” means the register kept pursuant to section 63;

  “sell”

  « vente »

  “sell” includes agree to sell, or offer, advertise, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration.

• Marginal note:Prescribing various countries of the Union or agreement countries

  (2) Notwithstanding anything in this Act, a country of the Union or an agreement country may be prescribed for all or any of the provisions of this Act or the regulations in so far as those provisions have reference, express or implied, to such a country.