Plant Breeders’ Rights Act (S.C. 1990, c. 20)

Act current to 2017-11-20 and last amended on 2015-02-27. Previous Versions

Seeds Act

Marginal note:Seeds Act unaffected
  •  (1) Nothing provided or granted by or under this Act shall be construed as conferring authority for

    • (a) any seed to be sold, imported, exported or advertised, or

    • (b) any name, mark or label to be applied in connection with any seed,

    contrary to the Seeds Act or any regulations thereunder.

  • Marginal note:Definition of “seed”

    (2) In subsection (1), seed has the meaning assigned to that expression by section 2 of the Seeds Act.

Review of Act

Marginal note:Report
  •  (1) As soon as practicable after the expiration of the period of ten years beginning on the day of the coming into force of this Act, the Minister shall prepare a report with respect to the administration of this Act during the period and shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after it is completed.

  • Marginal note:Contents of report

    (2) The report prepared pursuant to subsection (1) shall indicate whether the operation of this Act

    • (a) results in

      • (i) the stimulation of investment in businesses involving the breeding of plant varieties in respect of which protection afforded by plant breeders’ rights is applicable,

      • (ii) any improvement in facilities to obtain foreign varieties of plants in the interests of agriculture in Canada,

      • (iii) protection abroad, for commercial purposes, of Canadian plant varieties,

      • (iv) improvement of plant varieties to the public benefit, and particularly, to the benefit of farmers and nurserymen, and

      • (v) any other public advantage,

    • (b) has some but not all of the results described in paragraph (a),

    • (c) has all or any of those results but is, in any respect, not in the public interest, or

    • (d) is, in the total absence of those results, not in the public interest,

    as the case may be, and particulars of anything so indicated shall be furnished in the report.

Marginal note:Annual report

 The Minister shall each year prepare a report with respect to the administration of this Act during the preceding calendar year and shall lay it before Parliament on any of the first fifteen days that either House of Parliament is sitting after he completes it.

Transitional Provisions

Marginal note:Plant breeders’ rights — previously granted

 This Act, as it reads on or after the day on which this section comes into force, does not apply with respect to plant breeders’ rights granted before that day, but this Act, as it read immediately before that day, continues to apply with respect to those rights.

  • 1990, c. 20, s. 79;
  • 2015, c. 2, s. 51.
Marginal note:Existing applications

 An application for the grant of plant breeder’s rights that was made before the day on which this section comes into force and that was not disposed of before that day is to be dealt with and disposed of in accordance with this Act. However, if plant breeder’s rights are granted to the applicant, sections 19 to 21, as they read immediately before the day on which this section comes into force, continue to apply with respect to those rights.

  • 1990, c. 20, s. 80;
  • 2015, c. 2, s. 51.
Marginal note:Existing proceedings

 A proceeding commenced under this Act before the day on which this section comes into force that, on that day, is pending before a court and in respect of which no decision has been made shall be dealt with and disposed of in accordance with this Act as it read immediately before that day.

  • 1990, c. 20, s. 81;
  • 2015, c. 2, s. 51.

Coming into Force

Marginal note:Coming into force

Footnote * This Act comes into force on a day to be fixed by order of the Governor in Council.

 
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