Seeds Regulations (C.R.C., c. 1400)

Detention

• 60 (1) Where seed potatoes that are seized pursuant to the Act are detained, an inspector shall

  • (a) attach a detention tag to at least one of the containers of the seed potatoes or, where the seed potatoes are in bulk, place a detention tag where the potatoes are located; and

  • (b) deliver or mail to the person having the care or control of the seed potatoes a notice of the detention that describes the seed potatoes and the place where they are being detained.

• (2) The detention tag referred to in subsection (1) shall be in a form established by the President and shall set out

  • (a) a description of the seed potatoes seized and detained;

  • (b) the reason for the seizure and detention;

  • (c) the date of the seizure and detention;

  • (d) the name and signature of the inspector;

  • (e) the telephone number to call for further information in respect of the seizure and detention; and

  • (f) such other information as is necessary to identify the seed potatoes.

• (3) Except where an inspector provides written authorization for a change in location of detained seed potatoes, no person shall remove seed potatoes from the place where they are being detained.

• (4) No person shall alter or remove a detention tag that is attached to a container or bulk shipment of seed potatoes.

• (5) Where an inspector determines that any seized and detained seed potatoes meet the requirements of the Act and these Regulations, the inspector shall release the seed potatoes and shall deliver or mail a copy of the release document to the person referred to in paragraph (1)(b).

Reinspection

• 60.1 (1) An inspector may reinspect seed potatoes at any time, and shall place under detention any seed potatoes that were not graded in accordance with section 48 or that do not meet the standards set out in subsections 48.1(2) to (10).

• (2) A request for reinspection of a lot may be made within two working days after receipt of the lot, and the reinspection shall be carried out by an inspector as soon as possible but no later than five days after receipt of the request.

• (3) Seed potatoes placed under detention pursuant to subsection (1) may be re-graded in accordance with section 48 and subsections 48.1(2) to (10).

• (4) If seed potatoes are not graded in accordance with section 48 and do not meet the standards set out in subsections 48.1(2) to (10), the seed potato tags or record of bulk movement that is provided with respect to those potatoes shall be returned to the inspector.

Shipment of Breeder’s Selection Seed Potatoes or Non-Registered Varieties

• 61 (1) Breeder’s Selection seed potatoes, and seed potatoes of a non-registered variety, for which a crop certificate has been issued may be shipped between farm units within Canada only if a certificate of authorization is issued by the President and a copy of the certificate accompanies the shipment.

• (2) The President shall issue a certificate referred to in subsection (1) where

  • (a) the lot is to be grown for experimental purposes or for multiplication for the purposes of registration;

  • (b) a sample of the lot or growing crop, except for Pre-Elite, Elite I and Certified classes, has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the seed potatoes have been graded in accordance with section 48 and subsections 48.1(2) to (10);

  • (d) if shipped in containers, the seed potatoes meet the requirements of section 54; and

  • (e) if shipped in bulk, the seed potatoes meet the requirements of section 56.

Breeder’s Selection

• 61.1 (1) Certification of Breeder’s Selection seed potatoes on a farm unit shall comply with all of the following conditions:

  • (a) the parental material has been tested and not found positive for potato spindle tuber viroid;

  • (b) a sample of the lot or growing crop has been subjected to laboratory tests and not found positive for the presence of Clavibacter michiganensis subsp. sepedonicus;

  • (c) the application for inspection has been completed in accordance with section 49;

  • (d) all fees have been paid in accordance with section 62;

  • (e) the Breeder’s Selection seed potatoes are not grown within 10 m of any class of seed potatoes;

  • (f) the Breeder’s Selection seed potatoes are inspected at least twice during the growing season; and

  • (g) the Breeder’s Selection seed potatoes have met the standards set out in subsection 47.7(3) for Foundation seed potatoes.

• (2) The movement of Breeder’s Selection seed potatoes shall be in containers of 20 kg or less and are otherwise subject to the requirements set out in subsection 54(1).

Fees

• 62 (1) The fee that a grower shall pay for an inspection under this Part is the applicable fee provided for in the Canadian Food Inspection Agency Fees Notice.

• (2) The fee shall be submitted with the form referred to in subsection 49(1).

• (3) No portion of a fee referred to in subsection (1) is refundable after an inspector has begun an inspection of a crop in respect of which the fee was paid.

• (4) A crop certificate will not be issued for any fields under cultivation by that grower until all applicable fees have been paid.

62.1 No fees set out in the Canadian Food Inspection Agency Fees Notice are payable by a grower in the Province of Newfoundland with respect to crops grown in Newfoundland.

PART IIIVariety Registration

Interpretation

63 In this Part,

applicant

applicant means any person who

• (a) resides permanently in Canada,

• (b) applies to the Registrar for the registration of a variety, and

• (c) to whom any notice or correspondence under the Act and these Regulations may be sent; (demandeur)

Certificate of Registration

Certificate of Registration means a certificate issued by the Registrar certifying that the variety named therein is registered under these Regulations; (certificat d’enregistrement)

list of experts

list of experts means a list established pursuant to section 71; (liste d’experts)

merit

merit means, with respect to a variety, that the variety is equal or superior to appropriate reference varieties with regard to any single characteristic or combination of characteristics that renders the variety beneficial for a particular use in a specific area of Canada; (valeur)

recommending committee

recommending committee means a committee that is approved by the Minister under section 65.1; (comité de recommandation)

region

region means a province, a group of provinces, the Canadian Wheat Board Area or that part of Canada outside the Canadian Wheat Board Area; (région)

registrant

registrant means the person to whom a Certificate of Registration is issued; (titulaire)

Registrar

Registrar means the person designated by the President to register varieties; (registraire)

representative reference sample

representative reference sample means a sample of seed that is submitted in support of registration of a variety and guaranteed by the owner or breeder of the variety as truly representing the variety. (échantillon de référence représentatif)

Application

64 This Part applies in respect of seed and seed potatoes.

Exemptions

65 Every variety, other than a variety of a species, kind or type listed in Schedule III, is exempted from the prohibition set out in paragraph 3(1)(b) of the Act.

Recommending Committees

• 65.1 (1) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part I of Schedule III, to determine the merit of the varieties and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the members of the committee have the knowledge and expertise required to determine the merit of the varieties of that species, kind or type of crop;

  • (c) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (d) the procedures established by the committee for determining the merit of varieties of that species, kind or type of crop are appropriate for that purpose and are based on scientific principles;

  • (e) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (f) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (2) The Minister shall approve, for Canada or a region of Canada, a committee to establish and administer protocols for testing the varieties of a species, kind or type of crop listed in Part II of Schedule III and to make recommendations respecting their registration if

  • (a) the members of the committee have the knowledge and expertise required to establish and administer testing protocols for varieties of that species, kind or type of crop;

  • (b) the testing protocols established by the committee are appropriate for that species, kind or type of crop, are practical and are based on scientific principles;

  • (c) the operating procedures established by the committee will ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner; and

  • (d) no other committee is approved as a recommending committee for that species, kind or type of crop for Canada or the region.

• (3) In carrying out its functions, a recommending committee must apply the testing protocols it has established, act in accordance with its operating procedures and, in the case of a committee approved under subsection (1), apply the procedures it has established to determine the merit of varieties.

• (4) For the purposes of subsections 67(1) and 67.1(1), the recommendation of a recommending committee must be based on the following:

  • (a) in the case of a species, kind or type of crop that is listed in Part I of Schedule III, the results of testing the variety in accordance with the relevant testing protocols and a determination of whether the variety has merit; and

  • (b) in the case of a species, kind or type of crop that is listed in Part II of Schedule III, the results of testing the variety in accordance with the relevant testing protocols.