Marginal note:Service of notices, etc.

• 68. (1) A notice or other document required to be given or transmitted to any person pursuant to this Act may be given or transmitted

  • (a) by delivering it to the person;

  • (b) by sending it by registered mail addressed to the person at any place pursuant to notice thereof given by the person or, if no such notice is given, at the person’s usual or latest known address in Canada; or

  • (c) in any other manner prescribed.

• Marginal note:Deemed delivery

  (2) Where any notice or other document is sent by registered mail pursuant to subsection (1), it shall, in the absence of evidence to the contrary, be deemed to be given or transmitted at the time at which the registered letter containing it would be delivered in the ordinary course of post.

Marginal note:Defect not to invalidate notices

69. A defect in a notice given pursuant to this Act, if the notice is such as to intelligibly and substantially effect the required notification, shall not render unlawful any administrative action executed in respect of the matter to which the notice relates and shall not be a ground for exception to any legal proceeding that may be taken in respect of that matter.

Marginal note:Matters to be published

• 70. (1) The Commissioner shall cause to be published in the Canada Gazette such particulars of the following as are prescribed:

  • (a) every application that is not rejected pursuant to section 17;

  • (b) every request included pursuant to subsection 9(1) in an application that is not rejected pursuant to section 17;

  • (c) every application for a protective direction;

  • (d) every grant or withdrawal of a protective direction;

  • (e) every grant or refusal to grant plant breeder’s rights;

  • (f) every assignment of plant breeder’s rights of which the Commissioner is informed;

  • (g) every application for a compulsory licence;

  • (h) every grant or refusal to grant a compulsory licence and every thing done under subsection 32(4) with respect to a compulsory licence; and

  • (i) every surrender of plant breeder’s rights.

• Marginal note:Notice to Department of Industry

  (2) The Commissioner shall, on causing particulars of a request referred to in paragraph (1)(b) to be published, give notice of the request to the Department of Industry.

• Marginal note:Matters to be published

  (3) In addition to the matters referred to in subsection (1), the Commissioner shall cause to be published in the Canada Gazette

  • (a) such other matters as the Commissioner considers appropriate for public information; and

  • (b) a notice of every refusal to grant a protective direction and of every annulment under section 34 or revocation under section 35.