Plant Breeders’ Rights Regulations

19 (1) An application for the grant of plant breeder’s rights shall be made to the Commissioner and contain the following information:

• (a) the name and address of the applicant;

• (b) the name and address of the breeder, if different from the applicant;

• (c) the name and address of any agent or legal representative, where applicable;

• (d) the botanical and common names of the plant variety;

• (e) the proposed denomination;

• (f) [Repealed, SOR/2026-74, s. 3]

• (g) a description of the plant variety;

• (h) a statement that the plant variety is a sufficiently homogeneous variety as defined in subsection 4(4) of the Act and is stable;

• (i) the manner in which the plant variety was originated;

• (j) where an application for plant breeders’ rights respecting the plant variety has been made or granted in any country other than Canada, the name of the country;

• (k) whether priority is being claimed as a result of a preceding application made by the applicant in a country of the Union or an agreement country;

• (l) where the breeder or a legal representative of the breeder sold or concurred in the sale of the plant variety within or outside Canada, the date of the sale;

• (m) where applicable, any request for exemption from compulsory licencing; and

• (n) the manner in which the propagating material will be maintained.

(2) At the time of filing the application, the applicant shall submit to the Commissioner a representative reference sample of viable propagating material of the plant variety that is the subject of the application if one is available.

(3) If the applicant establishes to the satisfaction of the Commissioner that such a sample was unavailable at the time of filing the application, the applicant shall, as directed by the Commissioner, submit the sample at a later time, but before the grant of plant breeders’ rights.