Quick Pick By Commodity / Key Topic Animal health Biotechnology Dairy Eggs Employment Opportunities Feeds Fertilizers Fish and Seafood Food Recalls Forestry Fresh Fruits and Vegetables Grains Honey Horticulture Meat Hygiene Pet Imports Plant Biosafety Plant Breeder's Rights Potatoes Processed Products Publications Retail Food/Labelling Seeds Variety Registration Veterinary Biologics

Plant Products Plant Production Main Page - Seed Section - Variety Registration Acts and Regulations Reference Material Variety Notifications

PART I

GENERAL INFORMATION

I. 1. Legislation:

The Seeds Act and Regulations is the federal legislation governing the testing, inspection, quality and sale of seeds in Canada.

Section 3(1)(b) of the Seeds Act states that no person shall:

sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered in the prescribed manner.

This document clarifies and explains the legislation specified in Part III of the Seeds Regulations (sections 63 to 77) concerning the application process and the variety registration system. Companion documents include the Variety Registration Application Form, and the appropriate objective description form for most crop kinds.

Copies of the Seeds Act and Regulations and accompanying Schedules, Procedures, etc. are available on the CFIA web site at http://www.inspection.gc.ca. For information on obtaining hard copies of the Seeds Act and Regulations, please see Appendix VIII.

I. 2. False or Misleading Statements:

It is an offence under the Seeds Act to make a false or misleading statement either verbally or in writing to an official engaged in carrying out his duties under this Act. In addition, such statements could result in the refusal or suspension of a registration.

I. 3. Registration:

I. 4. Restricted Registrations:

4.1 Interim Registration:

4.2 Regional Registration:

4.3 Contract Registration:

I. 5. Refusal to Register:

The Registrar will refuse to register a variety if:

Where the registration of a variety has been refused, the Registrar will send the applicant a notice by registered mail, stating that the registration has been refused and the reasons for the refusal.

I. 6. Suspension and Cancellation (Deregistration) of Registration:

The registration of a variety may be suspended or cancelled if requested by the registrant. Prior to requesting the cancellation of a registration, the registrant is required to check the variety's pedigreed seed availability, or develop a disposal plan acceptable to seed growers in possession of pedigreed seed of the variety. The Variety Registration Office will publish a list of varieties whose registrations are proposed for cancellation. If our office is notified in writing that pedigreed seed of a specific variety is still available, and there is still commercial interest in the variety, the cancellation of registration will be deferred pending resolution among the interested parties.

Where the registration of a variety has been suspended or cancelled, the Registrar will send the registrant a notice by registered mail stating that the registration has been suspended or cancelled and the reason(s) for the action.

6.1 Suspension:

The Registrar will suspend the registration of a variety for up to two years where:

6.2 Cancellation:

The Registrar will cancel the registration of a variety where the variety:

The Registrar may also cancel the registration of any variety whose registration has been suspended for two years and where the reasons for the suspension are still valid.

I. 7. Reinstatement of Registration:

The Registrar may, upon written request, and the submission of appropriate fees, reinstate the registration of a variety without a requirement for a new application. However, there must be just cause for any reinstatement. In the case of reinstatement of permanent registrations cancelled at the request of the registrant, where a considerable period of time has elapsed since the cancellation, the Variety Registration Office may require the involvement of a recommending committee(s) to determine if the variety in question still has merit. In the case of reinstatement of interim registrations, a recommendation for registration from a recognized committee must accompany the request.

Where more than one year has elapsed since the cancellation, a new legal sample will be required to be submitted.

I. 8. Review of Registration Decisions:

8.1 Process

Where the Registrar refuses to register a variety, or grants the variety a registration that is restricted regionally or in duration, or where the registration restricts the manner in which seed or commodity crop is produced (contract registration), the applicant may request that the Registrar review the decision. Similar procedures may be used for the review of the suspension or cancellation of registration.

If there is a valid objection to a registration decision, the Registrar may consult with an expert or group of experts knowledgeable in the area of concern who have no interest in the outcome of the review.

The selected expert(s) will recommend a course of action to the Registrar. The recommendations are not binding on the Registrar.

8.2 Procedures for Application for Appeal of a Registration Decision

I. 9. Recommending Committees:

All committees that recommend varieties for registration must be officially recognized by the Minister of Agriculture and Agri-Food Canada for this purpose. Appendix VII lists the currently recognized committees.

The recommending committees are responsible for:

• formulating testing procedures that are appropriate for their crop(s) including a mechanism for verification of trials/validation of data;
• regularly reviewing the testing procedures to ensure that they reflect acceptable scientific practices; and
• ensuring that reference varieties are current and fairly represent the requirements of Canadian agriculture.

I. 10. Descriptions of Varieties:

As of April 1, 1994, the Variety Registration Office ceased producing descriptions of registered varieties. Requests for information on specific varieties are referred to the Canadian representative/distributor or breeder.

Information describing the variety is still required as part of the application for crop inspection and variety verification purposes.

The Canadian Seed Growers' Association has recently undertaken a project to post variety descriptions on their web site. These descriptions are based on the information provided to them by CFIA for crop certification purposes. For descriptions of variety provided to the Variety Registration Office after January 31, 2000, the applicant is asked to clearly indicate any information used for crop or seed inspection purposes that should be considered confidential and not posted on the CSGA web site. This could include information on the breeder of the variety and information on quality parameters. Pedigree/breeding information and experimental data provided by the recommending committees are not forwarded to the CSGA.

Information on variants/offtypes, on variety name synonyms, or name changes is considered to be public information and will not be considered Confidential Business Information.

I. 11. Confidential Business Information (CBI):

Although pedigree information is required as part of the registration review process, it is not released for hybrid crops as it is considered confidential business information (CBI). Other legitimate forms of CBI may be withheld upon written request of the registrant, and consent of the Registrar. The dissemination of potential CBI is subject to the Access to Information and Privacy (ATIP) legislation. The withholding of information from dissemination (other than pedigrees of hybrid crops) will require review by ATIP officials. The registrant may be required to show just cause under ATIP legislation as to how dissemination would breach confidentiality.

I. 12. Advertising a Variety Prior to Registration and while under Suspension:

PART II

APPLICATION PROCEDURES

II. 1. General:

II. 2. How to Apply:

II. 3. Incomplete Applications:

If an application for registration is incomplete with respect to the submission of fees, the application will not be returned. However, the application will not be considered accepted until fees are submitted and no review will be initiated. If the application is not considered to be received due to lack of fee submission, no advertising of the variety may be undertaken. The order of the review of applications will take into account the day the fees are submitted.

If an application for registration is incomplete with respect to other requirements such as a description of variety, recommendation for registration from a recommending committee, acceptable legal reference sample or photographic slides, the application for registration will be retained pending this information.

II. 4. Recognized Applicants:

Applications for registration shall be made by a permanent resident of Canada to whom any notice or correspondence under the Seeds Act and Regulations may be sent. This may be a Canadian representative, or in the case of varieties developed in Canada, by the breeder.

Upon registration, the applicant automatically becomes the registrant, unless otherwise specified in the application. For restricted registrations, the registrant must ensure that the terms and conditions of the restrictions are met. As such, the registrant need not be the breeder or owner of the variety.

II. 5. Required Information:

A complete application package, which must be supplied by the applicant, contains the following information:

5.1 Definition of a Variety:

A variety is considered to be a cultivar, and denotes an assemblage of cultivated plants, including hybrids constituted by controlled cross-pollination, that:

• are distinguished by common morphological, physiological, cytological, chemical or other characteristics; and
• retain their distinguishing characteristics when reproduced.

Where a variety has a similar genetic background to a previously registered variety, it may be eligible for registration provided it has merit and is distinguishable from the previously registered variety. The Registrar must be assured that he is not registering a previously registered variety under another name. There is also an obligation on the part of the Variety Registration Office to ensure that the registration of a variety will not compromise the varietal identity principles upon which seed and crop certification is based. The onus is on the applicant to show distinguishability for non-hybrid crops and for hybrid crops where the two varieties in question are developed by the same breeding organization. In determining the distinguishability of two varieties, the applicant should consider the magnitude and consistency of the differences as well as the heritability of the traits involved.

Currently, varieties will not be registered if distinguished solely on DNA analysis.

5.2 Variety Name Guidelines:

5.3 Description of Pedigree/Breeding:

5.4 Varietal Characteristics:

5.5 Experimental Data:

5.6 Notarized Affidavits for Plants with Novel Traits and Varieties derived from PNT's:

For plants with novel traits developed by genetic engineering or by traditional plant breeding using transgenic parents, the applicant must

In the case of potatoes, the affidavit should indicate that tests were conducted on seed entering the variety registration trials and the seed certification system.

5.7 Support for Registration:

To speed the processing of all registration applications, a copy of a letter or motion of support from the registration recommending committee must be submitted directly by the applicant. The recommendation may not be more than two years old, or in the case of a forage variety, not more than four years old.

5.8 Fees:

As of December 1, 1997, fees came into effect for the evaluation of variety registration applications, and related services. Please ensure that a separate Fee Submission Form is included in each application package along with the appropriate fee (See Appendix IX). Once an application review has been initiated, no refund will be issued.

5.9 Reference Samples:

5.10 Colour Slides for Potatoes:

In lieu of the requirement for reference samples, applications for permanent registration of potatoes must include a set of colour slides of the following characteristics of the candidate variety:

A complete set of slides is required for permanent and new interim registrations.

The photographs must be taken in such a manner that the subject makes up at least 60% of the photograph.

5.11 Interim Registration Renewals/Reinstatements:

The registrant must submit:

The onus is on the registrant to ensure interim registrations are not allowed to expire. If the interim registration of a variety has been allowed to lapse for a period greater than one year, for crops other than potatoes, a new legal reference sample must be submitted.

If an application for renewal (with applicable fees) is received prior to the expiry date, the application will be considered to be a renewal. If the application is received after the expiry date, the application will be considered to be a reinstatement and appropriate fees will apply.

5.12 Extension of Regions of Registration:

The registrant must submit:

5.13 Changing a Variety Name After Registration:

A variety name may be changed following registration with receipt of the following:

The name under which a variety is granted Plant Breeders' Rights must be identical to that under which the variety is registered. A separate application and appropriate fees must be submitted to the Plant Breeders' Rights Office. Under Plant Breeders' Rights legislation, there are limited circumstances under which a name change may be accepted.

II. 6. Obligations of the Registrant Following Registration:

II. 7. Glossary:

"Composite" Variety: The variety created by the controlled blending of select seed of two specific lines. In the case of Brassica napus, the progeny of this blending must be constituted of at least 70% seed created by intercrossing of the lines and the remainder by self/sib pollination. For Brassica rapa, the progeny of the blending must represent 50% seed created by intercrossing of the two parental lines and the remainder by self/sib pollination.

Forage type oats, triticale and peas: varieties that are sold as being for herbage or whole plant harvest for livestock feed. Does not include varieties marketed for production of grain for livestock feed.

Commodity type field peas: includes green, yellow or Austrian winter peas, but does not include pigeon pea, marrowfat peas or maple type peas.

Home garden potato variety: A potato variety that is not being sold for the table stock or processing market; seed acreage is restricted to a maximum of one (1) hectare.

Merit: Equal or superior to appropriate reference varieties with regard to characteristics that render the variety beneficial for a particular use in a specific area of Canada.

Plants with Novel Traits (PNTs): A plant with a gene or trait that is novel to the species in Canada. Such a gene may be derived through recombinant DNA technology or through traditional plant breeding techniques.

Plants derived from PNTs: A variety that results from traditional plant breeding using a PNT as a parental line.

Offtype: Plant in a seed field which deviates in one or more characteristics from the official description of the variety.

Variant: Any seed or plant which

Registrant: The party who receives the certificate of registration and to whom correspondence is directed on any legal action taken with respect to the variety.

APPENDICES

Top of Page

Important Notices