Plant Breeders’ Rights Act (S.C. 1990, c. 20)
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Act current to 2013-05-26 and last amended on 2003-07-02. Previous Versions
SEEDS ACT
Marginal note:Seeds Act unaffected
76. (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
77. (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
78. 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.
CONSEQUENTIAL AMENDMENTS
79. to 81. [Amendments]
COMING INTO FORCE
Marginal note:Coming into force
Footnote *82. This Act comes into force on a day to be fixed by order of the Governor in Council.
Return to footnote *[Note: Act in force August 1, 1990, see SI/90-99.]
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