Agricultural Growth Act (S.C. 2015, c. 2)
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Assented to 2015-02-25
1990, c. 20PLANT BREEDERS’ RIGHTS ACT
40. Subsection 60(1) of the English version of the Act is replaced by the following:
Marginal note:Seal of office
60. (1) The Commissioner shall cause a seal to be made for the purposes of this Act and each certificate of plant breeder’s rights issued under paragraph 27(3)(b) to be sealed with that seal. The Commissioner may also cause any other instrument or copy of any document issuing from the Plant Breeders’ Rights Office to be sealed with that seal.
41. (1) The portion of section 63 of the Act before paragraph (c) is replaced by the following:
Marginal note:Register
63. The Commissioner shall keep a register of plant breeders’ rights and, subject to the payment of any fee required under this Act to be paid in the case of any entry in the register, the Commissioner shall enter in it
(a) in relation to each plant variety that is the subject of those rights, the prescribed category to which it belongs;
(b) the denomination of the variety, and any change to that denomination;
(2) Paragraph 63(h) of the Act is replaced by the following:
(h) the prescribed particulars of each application for the grant of plant breeder’s rights and of any abandonment or withdrawal of the application; and
42. Subsection 64(2) of the French version of the Act is replaced by the following:
Marginal note:Extraits certifiés conformes
(2) Les documents paraissant constituer des extraits du registre et être certifiés conformes par le directeur font foi de leur contenu sans autre preuve.
43. Section 65 of the French version of the Act is replaced by the following:
Marginal note:Certificat du directeur
65. Fait foi de son contenu le certificat paraissant établi par le directeur pour constater qu’une inscription au registre a été faite ou non ou qu’une mesure autorisée par la présente loi a été prise ou non.
44. Paragraph 66(1)(a) of the English version of the Act is replaced by the following:
(a) the correction of any clerical error or error in translation appearing in a certificate of plant breeder’s rights issued under paragraph 27(3)(b), in an application for plant breeder’s rights, in any document filed for the purposes of such an application or in the register or index;
45. (1) Subsection 67(2) of the Act is replaced by the following:
Marginal note:Public accessibility
(2) The Commissioner shall make the following accessible to the public on the Internet and, if the Commissioner considers it appropriate, by any other means:
(a) the register;
(b) the index; and
(c) any documents referred to in subsection (1) that are prescribed and any other documents that should, in the Commissioner’s opinion, be made accessible to the public.
(2) Subsection 67(4) of the Act is repealed.
46. Paragraph 68(1)(b) of the French version of the Act is replaced by the following:
b) par courrier recommandé à l’adresse donnée par la personne en cause ou, en l’absence de cette indication, à son adresse habituelle ou à sa dernière adresse connue au Canada;
47. (1) Paragraphs 70(1)(c) and (d) of the Act are repealed.
(2) Paragraph 70(3)(b) of the Act is replaced by the following:
(b) a notice of every annulment under section 34 or revocation under section 35.
48. Subsection 72(2) of the French version of the Act is replaced by the following:
Marginal note:Preuve de la connaissance
(2) Il est entendu que, pour l’appréciation visée au paragraphe (1), la connaissance des éléments en cause par la personne intéressée peut être établie par tout moyen de droit.
49. Subsection 73(2) of the French version of the Act is replaced by the following:
Marginal note:Composition
(2) Le comité est composé de membres que le ministre choisit parmi les représentants des groupes ou organismes d’obtenteurs, de marchands ou producteurs de semence, d’agriculteurs, des horticulteurs et de toute autre personne intéressée qu’il estime indiquée.
50. (1) Paragraph 75(1)(a) of the Act is replaced by the following:
(a) fixing the fees that a person may be required to pay in respect of any services provided by the Commissioner or by any person authorized by the Commissioner and providing for the time and manner in which the fees are to be paid and the circumstances in which the fees may be refunded in whole or in part;
(2) Paragraphs 75(1)(c) and (d) of the Act are replaced by the following:
(c) defining the meanings of the words and expressions “commercially acceptable”, “description”, “designation”, “identifiable characteristics”, “reasonably priced”, “recently prescribed category”, “representations”, “tree”, “vine” and “widely distributed” for the purposes of this Act;
(c.1) prescribing, for the purposes of paragraph 5(1)(b), any acts that are to be considered as the conditioning of propagating material;
(c.2) specifying categories for the purposes of subsection 6(1);
(d) respecting the publication in the Trade Marks Journal of information relating to proposals, approvals and changes of denominations;
(3) Paragraph 75(1)(f) of the Act is replaced by the following:
(f) designating any entity as an agreement country for the purposes of any of the provisions of this Act or the regulations, with a view to the fulfilment of an agreement concerning the rights of plant breeders made between Canada and that entity, and, despite anything in this Act, qualifying or restricting any rights or other benefits under this Act;
(4) Paragraphs 75(1)(k) and (l) of the Act are replaced by the following:
(k) respecting the granting of plant breeder’s rights with an exemption, under subsection 27(2.1), from compulsory licensing, including the circumstances in which the exemption may be given or revoked by the Commissioner, the terms and conditions on which the exemption may be given and the factors that are to be taken into account before the exemption is revoked;
(l) prescribing
(i) the information to be entered in, and the forms of, the register, the index, applications for plant breeders’ rights and any other record, instrument or document to be kept, made or used for the purposes of this Act, and
(ii) the means, factors or criteria for determining whether the existence of a plant variety is a matter of common knowledge for the purposes of paragraph 4(2)(b) or section 62;
(l.1) respecting any classes of farmers or plant varieties to which subsection 5.3(2) is not to apply;
(l.2) respecting the use of harvested material under subsection 5.3(2), including any circumstances in which that use is restricted or prohibited and any conditions to which that use is subject;
(5) Subsection 75(2) of the French version of the Act is replaced by the following:
Marginal note:Publication préalable des règlements
(2) Sous réserve du paragraphe (3), les projets de règlement sont publiés dans la Gazette du Canada, les personnes intéressées se voyant accorder la possibilité de présenter leurs observations à cet égard.
51. The heading before section 79 and sections 79 to 81 of the Act are replaced by the following:
TRANSITIONAL PROVISIONS
Marginal note:Plant breeders’ rights — previously granted
79. 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.
Marginal note:Existing applications
80. 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.
Marginal note:Existing proceedings
81. 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.
R.S., c. F-9FEEDS ACT
52. The long title of the Feeds Act is replaced by the following:
53. (1) The definitions “livestock” and “sell” in section 2 of the Act are replaced by the following:
“livestock”
« animaux de ferme »
“livestock” means any animals designated by regulation as livestock for the purposes of this Act;
“sell”
« vente »
“sell” includes agree to sell, offer for sale, expose for sale or have in possession for sale or distribute to one or more persons;
(2) Section 2 of the Act is amended by adding the following in alphabetical order:
“conveyance”
« véhicule »
“conveyance” means a vessel, aircraft, train, motor vehicle, trailer or other means of transportation, including a cargo container;
“document”
« document »
“document” means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;
“environment”
« environnement »
“environment” means the components of the Earth and includes
(a) air, land and water,
(b) all layers of the atmosphere,
(c) all organic and inorganic matter and living organisms, and
(d) the interacting natural systems that include components referred to in paragraphs (a) to (c);
“establishment”
« établissement »
“establishment” means any place, including a conveyance, where a feed is manufactured, stored, packaged or labelled;
“inspection mark”
« sceau d’inspection »
“inspection mark” means a prescribed mark, stamp, seal, product legend, word or design or any combination of those things;
“item to which this Act applies”
« chose visée par la présente loi »
“item to which this Act applies” means
(a) a feed,
(b) anything used in an activity regulated under this Act, and
(c) a document that is related to a feed or to any activity regulated under this Act;
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