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

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

Offences

Marginal note:Secrecy
  •  (1) Every person commits an offence who knowingly discloses any information with regard to any variety in respect of which an application for plant breeder’s rights is made or with regard to the business affairs of the applicant that was acquired by that person in performing any functions under this Act except if the information is disclosed

    • (a) to the Minister, the advisory committee or the Commissioner or to any other person for the purposes of the performance by that other person of any functions pursuant to this Act or of any duties in an official capacity for enforcement of this Act; or

    • (b) in compliance with any requirements imposed by or under this Act or by virtue of any power lawfully exercised in the course or for the purposes of any judicial proceedings.

  • Marginal note:Offences respecting denominations and sales

    (2) Every person commits an offence who

    • (a) knowingly contravenes section 15;

    • (b) for the purpose of selling any propagating material, knowingly designates the material by reference to

      • (i) a denomination different from any denomination registered in respect of the plant variety of which the material is propagating material,

      • (ii) a denomination registered in respect of a plant variety of which the material is not propagating material, or

      • (iii) a denomination corresponding so closely to a registered denomination as to mislead; or

    • (c) knowingly, for the purpose of selling any propagating material, represents falsely that the material is propagating material of, or is derived from, a plant variety in respect of which plant breeder’s rights are held or have been applied for.

  • Marginal note:Falsification in relation to administration

    (3) Every person commits an offence who, in relation to the administration of this Act, knowingly

    • (a) makes any false representation;

    • (b) makes or causes to be made any false entry in the register or any record;

    • (c) makes or causes to be made any false document or any alteration, false in a material respect, in the form of a copy of any document; or

    • (d) produces or tenders any document containing false information.

  • Marginal note:Punishment of individuals

    (4) An individual who commits an offence under subsection (1), (2) or (3)

    • (a) is liable on summary conviction to a fine of not more than five thousand dollars; or

    • (b) is liable on conviction on indictment to a fine of not more than fifteen thousand dollars or to imprisonment for a term not exceeding three years, in the case of an offence under subsection (1) or (2), or five years, in the case of an offence under subsection (3), or to both.

  • Marginal note:Punishment of corporations

    (5) A corporation that commits an offence under subsection (1), (2) or (3)

    • (a) is liable on summary conviction to a fine of not more than twenty-five thousand dollars; or

    • (b) is liable on conviction on indictment to a fine the amount of which is in the discretion of the court.

  • Definition of representation

    (6) In this section, representation includes any manner of express or implied representation, by whatever means it is made.

  • Marginal note:Limitation period

    (7) A prosecution for a summary conviction offence under this Act may be instituted at any time within two years after the day on which the subject matter of the prosecution becomes known to the Commissioner.

  • Marginal note:Commissioner’s certificate

    (8) A document purporting to have been issued by the Commissioner, certifying the day on which the subject matter of any prosecution became known to him or her, is admissible in evidence without proof of the signature or official character of the person appearing to have signed the document and is evidence of the matters asserted in it.

  • 1990, c. 20, s. 53;
  • 1997, c. 6, s. 76;
  • 2015, c. 2, s. 37.
Marginal note:Certificate of examiner as proof

 A certificate purporting to be signed by an officer of the Plant Breeders’ Rights Office who is appointed or designated a principal examiner, stating that a substance or a sample submitted to that examiner by any other officer of that Office has been examined by that examiner and stating the result of the examination is admissible in evidence in any prosecution for an offence under this Act without proof of the signature or official character of the person appearing to have signed the certificate and, in the absence of evidence to the contrary, is proof of the statements contained in the certificate.

  • 1990, c. 20, s. 54;
  • 2015, c. 2, s. 38(F).

Plant Breeders’ Rights Office

 [Repealed, 1997, c. 6, s. 77]

Marginal note:Plant Breeders’ Rights Office
  •  (1) The Plant Breeders’ Rights Office is part of the Canadian Food Inspection Agency established by the Canadian Food Inspection Agency Act.

  • Marginal note:Commissioner

    (2) The President of the Canadian Food Inspection Agency shall designate a Commissioner of Plant Breeders’ Rights.

  • Marginal note:Employees

    (3) The President of the Canadian Food Inspection Agency has the authority to appoint the employees of the Plant Breeders’ Rights Office.

  • Marginal note:Functions of Commissioner

    (4) The Commissioner shall receive all applications, fees, documents and materials submitted for plant breeders’ rights, shall do all things necessary for the granting of plant breeders’ rights and for the exercise of all other powers conferred, and the discharge of all other duties imposed, on the Commissioner under this Act and shall have the charge and custody of the register and any other documents or materials belonging to the Plant Breeders’ Rights Office.

  • Marginal note:Absence, etc., of Commissioner

    (5) Where the Commissioner is absent or unable to act or the office of Commissioner is vacant, such other officer as may be designated by the President of the Canadian Food Inspection Agency shall, in the capacity of Acting Commissioner, exercise the powers and perform the duties of the Commissioner.

  • 1990, c. 20, s. 56;
  • 1997, c. 6, s. 78;
  • 2015, c. 2, s. 39.
Marginal note:Officers and employees not to acquire plant breeder’s rights

 A person who has been appointed as an officer or employee of the Plant Breeders’ Rights Office may not, during the period for which the person holds the appointment and for one year thereafter, apply for the grant of any plant breeder’s rights or acquire directly or indirectly, except under a will or on an intestacy, any right or interest in any such grant.

Marginal note:Delegation
  •  (1) The Commissioner may in writing authorize, either generally or particularly, such officers or employees of the Plant Breeders’ Rights Office as the Commissioner deems fit to exercise and perform, subject to any general or special directions given or conditions attached by the Commissioner, all or any of the powers conferred and duties imposed on the Commissioner by or pursuant to this or any other Act.

  • Marginal note:Presumption of authority

    (2) Every person purporting to act pursuant to any authorization under this section shall, in the absence of evidence to the contrary, be presumed to be acting in accordance with the terms of the authorization.

Marginal note:Engagement of services
  •  (1) The Commissioner

    • (a) for the purposes of carrying out and evaluating the results of tests and trials referred to in section 23, may engage the services of persons other than employees of the Canadian Food Inspection Agency and pay to those persons fees in accordance with a scale determined by the Minister, with the approval of the Treasury Board, in respect of their services; and

    • (b) may constitute panels of persons, composed of employees of the Agency or persons appointed or engaged pursuant to paragraph (a), which have the function of conducting examinations for purposes described in that paragraph and of advising the Commissioner as to

      • (i) the examinations necessary or expedient for those purposes, and

      • (ii) the results of those examinations.

  • Marginal note:Discretion unaffected

    (2) Nothing in subsection (1) prejudices any discretion exercisable by the Commissioner.

  • 1990, c. 20, s. 59;
  • 1997, c. 6, s. 79.
 
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