Seeds Regulations (C.R.C., c. 1400)

9 Any seed that is a component of specialty seed shall meet the standards set out in sections 6 and 7 before being mixed with or attached to non-seed material.

Use of Variety Names

• 10 (1) No person shall, unless the seed is of that variety,

  • (a) use or allow to be used the variety name on any label or package of seed or in any invoice, circular or advertising related to seed; or

  • (b) otherwise represent any seed to be of a specified variety.

• (2) No person shall use or allow to be used a modified or qualified variety name in respect of seed of that variety.

• (3) No person shall use a variety name, or allow a variety name to be used, on any label or package of seed of a kind or species set out in Schedule II or in any invoice, circular or advertising related to seed of that kind or species unless

  • (a) except as provided in subsection (4), the seed is graded with a Canada pedigreed grade name and labelled under sections 32 to 37 when sold;

  • (b) in the case of a mixture or varietal blend,

    • (i) the mixture or varietal blend was made by an approved conditioner registered under Part IV and all of the seed named as to variety is of pedigreed status; or

    • (ii) if the mixture or varietal blend is imported, the seed is accompanied at the time of importation by a certificate of an official certifying agency confirming that all of the seed named as to variety is of pedigreed status; or

  • (c) the seed is of a vegetable-type variety.

• (4) Seed of a kind set out in Schedule II may be sold by variety name for the purpose of conditioning if the seed is of pedigreed status and

  • (a) if the seed is not in fastened packages, the seed is accompanied by the grower’s declaration referred to in paragraph 13(1)(c) and the seed moves

    • (i) directly from the grower of the seed to an approved conditioner registered under Part IV, or

    • (ii) between approved conditioners registered under Part IV; or

  • (b) if the seed is in fastened packages, a pedigreed status tag is attached to each package.

• (5) Seed loses its pedigreed status when

  • (a) sealed packages are opened elsewhere than in an approved conditioner registered under Part IV;

  • (b) the seed moves in unsealed packages to a place that is neither an approved conditioner nor a bulk storage facility registered under Part IV;

  • (c) the Association withdraws the crop certificate that was issued for the crop from which the seed is derived; or

  • (d) the seed has been contaminated such that it does not meet the standards for varietal purity established by the Association.

Seed Testing

• 11 (1) For the purposes of determining whether the seed meets the standards set out in sections 6 and 7, the seed shall be subject to the following tests

  • (a) in the case of seed to be graded with a Canada pedigreed grade name, other than seed corn, an officially recognized test;

  • (b) in the case of corn to be graded with a Canada pedigreed grade name, non-pedigreed seed of the kinds or species set out in Tables VII to XII to Schedule I, and for the purposes of subsection 40(2), a recognized standard method by

    • (i) an officially recognized laboratory,

    • (ii) in the case of determinations of impurities in the kinds or species set out in Tables I to VI of Schedule I or seeds of a similar size, an accredited grader,

    • (iii) a seed testing laboratory operating under the supervision of a Senior or Associate member of the Commercial Seed Analysts’ Association of Canada,

    • (iv) a seed testing laboratory operating under the supervision of a Registered Seed Technologist registered by the Society of Commercial Seed Technologists,

    • (v) a seed testing laboratory operated by or under the authority of a national or state government of a foreign country, or

    • (vi) a seed testing laboratory accredited by the International Seed Testing Association (ISTA); or

  • (c) in the case of all other seed, a recognized standard method.

• (2) Barley seed that has been labelled to indicate that it has been neither tested nor treated for true loose smut is exempt from being tested for true loose smut.

Sampling of Seed

• 12 (1) Samples of seed for the testing referred to in section 11 shall be taken in conformity with recognized standard methods.

• (2) Subject to subsection (3), a sample of seed submitted for testing shall be:

  • (a) where one gram of the seed lot contains 5,000 or more seeds, not less than 10 g;

  • (b) where one gram of the seed lot contains more than 25 seeds but less than 5,000 seeds, not less than 50,000 seeds; and

  • (c) where one gram of the seed lot contains 25 or less seeds, not less than 2 kg.

• (3) A working sample for determination of impurities shall be

  • (a) for the purpose of grading those kinds and species set out in Schedule I, the quantity indicated in Tables 1 and 2 of the Canadian Methods and Procedures for Testing Seed; and

  • (b) for all other purposes, one half of the quantity set out in subsection (2).

• (4) Subsections (2) and (3) do not apply if the sample is required for the purpose of checking only the percentage of germination.

Grading of Seed

• 13 (1) Except as provided in subsections (2) and (3), seed may be graded with a Canada pedigreed grade name only where

  • (a) the seed is of pedigreed status;

  • (b) the seed has been conditioned by the grower of the seed on the grower’s premises or by an approved conditioner registered pursuant to Part IV;

  • (c) the grower of the seed has completed and signed a declaration attesting that the seed is derived from a crop that has been issued a crop certificate and that the seed has not been contaminated by any other seed;

  • (d) the seed is graded by an accredited grader, based on

    • (i) the results of an officially recognized test, or

    • (ii) in the case of seed corn, a test done in accordance with paragraph 11(1)(b), and

  • (e) in the case of a varietal blend, the blend is a PPTM varietal blend of kinds or species set out in any of Tables I to II.1 and IV to VII of Schedule I.

• (2) Where seeds are not conditioned on the grower’s premises and it can be determined that the services of an approved conditioner are not available, a grower may, under the supervision of an inspector, have seed conditioned by other than an approved conditioner.

• (3) Imported seed may be graded with a Canada pedigreed grade name only where

  • (a) the seed meets the condition set out in paragraph 1(d); and

  • (b) the seed is imported in a package bearing a label that was issued or approved by an official certifying agency and that indicates that the seed is of pedigreed status.

Samplers and Graders

• 13.1 (1) Any person who wishes to be accredited as a grader or licensed as a sampler shall

  • (a) apply for the accreditation or the licence in writing to

    • (i) a conformity verification body, or

    • (ii) the Registrar, if there is no conformity verification body;

  • (b) submit to an evaluation that is set by the Registrar and that measures knowledge of the principles and practices for the conditioning, sampling, testing and grading of seed of pedigreed status;

  • (c) where the individual wishes to be licensed to sample seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so sample;

  • (c.1) where the individual wishes to be accredited to retrieve, identify, classify and report weed seeds and other impurities from officially recognized samples, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to so retrieve, identify, classify and report;

  • (c.2) where the individual wishes to be accredited to grade seed, submit to an evaluation that is set by the Registrar and that measures the individual’s ability to grade seed; and

  • (d) where the individual wishes to be accredited to evaluate imported seed and accompanying documents for conformity with these Regulations, submit to an evaluation that is set by the Registrar that measures an individual’s ability to so evaluate.

• (1.1) When making an application under subparagraph (1)(a)(ii), the applicant shall include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (2) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the applicable evaluation referred to in paragraph (1)(c.1), (c.2) or (d), the Registrar shall accredit the individual as a grader for a period ending on December 31 of the following year and issue a certificate certifying that the individual is an accredited grader,

  • (a) on the recommendation of a conformity verification body; or

  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (2.1) If the individual has obtained a mark of at least 80% on the evaluation referred to in paragraph (1)(b) and at least 80% on the evaluation referred to in paragraph (1)(c), the Registrar shall issue to the individual a licence as a sampler for a period ending on December 31 of the following year,

  • (a) on the recommendation of a conformity verification body; or

  • (b) if there is no conformity verification body, on payment of the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (3) [Repealed, SOR/2007-223, s. 9]

• (4) [Repealed, SOR/2000-183, s. 39]

• (5) Unless the accreditation of a grader or the licence of a sampler has been suspended or cancelled under section 13.2, and subject to subsection 13.2(7), the Registrar shall annually renew the accreditation or the licence, either on the recommendation of a conformity verification body or, if there is no conformity verification body, on payment of the applicable annual fee set out in the Canadian Food Inspection Agency Fees Notice before January 1 of the year in respect of which the accreditation or licence is to be renewed.

• (6) The accreditation of a person as a grader or sampler is limited to those activities referred to in paragraphs (1)(b) to (d) for which the person has been evaluated and is qualified.

• (7) If a conformity verification body refuses to make a recommendation to the Registrar that an applicant’s accreditation as a grader or sampler be certified or renewed, the conformity verification body shall send a notice of that decision to the applicant by registered mail, giving the reasons for the decision and advising that the applicant may request that the Registrar review the decision. The conformity verification body shall also send a copy of the notice, including the reasons, to the Registrar.

• (8) The applicant may, within 30 days after the day on which the notice is received, make a written request to the Registrar for a review of the decision.

• (9) The request shall include the reasons why the applicant believes that the Registrar should review the decision and may include or be accompanied by any documentation or information that the applicant considers appropriate. The request shall also include the applicable fee set out in the Canadian Food Inspection Agency Fees Notice.

• (10) On receipt of the request, the Registrar shall review the decision.

• (11) The review shall be conducted as informally and expeditiously as possible and in such a way as to permit the applicant to present the applicant’s case and to reply to any evidence, but shall not include oral representations unless the Registrar determines that they are necessary.

• (12) If the Registrar finds that the conformity verification body should have recommended that the applicant’s accreditation as a grader or sampler be certified or renewed, the Registrar shall certify the accreditation or renew it, as the case may be, as if the recommendation had been made.

• (13) The Registrar shall send a notice of the Registrar’s decision and the reasons for it to the applicant by registered mail.