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Procedures for the registration of crop varieties in Canada
Section A - General information

1. Legislation

The Seeds Act and the accompanying Seed 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 available for most crop kinds.

Copies of the Seeds Act and regulations and accompanying schedules, procedures, etc. are available on the Canadian Food Inspection Agency (CFIA) website.

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/her duties under this act. In addition, such statements could result in the refusal or suspension of a registration.

3. Registration

  • The Seeds Regulations partitions the list of crop types requiring registration of varieties (Schedule III to the Seeds Regulations) into 3 parts with differing requirements for each part:
    • part I requires pre-registration testing and merit assessment (see Glossary section B.7 for a definition of merit), as well as the basic requirements for applications for variety registration
    • part II requires pre-registration testing as well as the basic requirements for applications for variety registration
    • part III requires basic registration requirements only
  • Unless otherwise specified in the certificate of registration, the registration is valid for all provinces and territories of Canada, until such time as the registration is cancelled or suspended, and without any restrictions on the production of seed or commodity.

    For part I and II crop kinds, regional tests normally provide the basis for national registration. A variety is to be entered into official tests in the area(s) of anticipated adaptation. If it is supported by a recommending committee (see section A.9) and granted a registration, it may be imported or sold in all of Canada, except where regional restrictions apply.

  • When a variety is registered, a registration number is assigned, the registrant is notified, and the Registrar issues a certificate of registration to the applicant. Only 1 certificate is granted per variety.
  • The list of varieties which are registered in Canada is updated and posted on our website annually (a regulatory requirement), however, CFIA currently targets quarterly updates. The list includes varieties that have been granted national, interim, regional, and contract registrations and any regional restrictions that may apply to them, based on regional recommending committees' (same crop) input. As part of a commitment to make synonyms publicly available, all CFIA-known synonyms are listed.
  • Where a registration is granted that is limited in duration (Interim registration) or geographic scope (regional restrictions on a national registration), or is made subject to a documented quality system (contract registration, see section A.4), the registrant will receive a notice from the Registrar by registered mail, giving the reasons for the restriction(s) to the registration.

4. Restricted registrations

4.1 Interim registration

  1. An interim registration is normally granted for any of 3 reasons and at the discretion of the recommending committee for a crop in a region:
    • production of grain or other commodity for market acceptability tests (to allow a variety close to meeting merit requirements to go out onto the market and prove it has merit; this is a judgement call by the recommending committee) or
    • emergency/crisis reasons (for example disease) to expedite critical technology to market in times of high need
    • to foster innovation – in cases where new technology is being introduced, the committee can expedite registration after as little as 1 year of data (this is in the regulations) in situations where the benefit of introducing the technology outweighs the merit of the underlying variety (as determined by the committee)
  2. An interim registration gives all the rights/privileges of full registration, but for a specified period of time only.
  3. An interim registration may be granted initially for a period of up to 3 years, if requested by the recommending committee, provided the appropriate fees are submitted. Otherwise, a variety will be granted a 1 year registration.
  4. An interim registration may be renewed for additional periods, to a maximum total life of 5 years, after which it automatically expires and is removed from the market.
  5. An interim registration may have 1 or more regional restrictions for sale of seed assigned to it as a result of other recommending committees, same crop, object to the national registration in their region. This applies to all forms of registration, including contract registration.
  6. There is no provision for an interim registration to be granted for undefined periods of time such as from planting date to harvest date. In the case of a winter wheat variety, if the applicant wishes to have the issuance of the registration deferred until fall, this must be indicated on the application. This would prevent the registrant from selling any seed of the variety until the variety is registered.
  7. A minimum of 1 year of evaluation in variety registration trials is required for an interim registration (this is a regulatory mandate; a minimum).
  8. Interim registration provides an avenue to proceed with registration of varieties on an interim basis for the reasons stated above (section B.4a) while the testing and/or merit of the variety is being confirmed. Since varieties of crop kinds listed in Schedule III, part III do not require testing or merit assessment, varieties of crop kinds listed in part III are not eligible for interim registration.

4.2 Regional restrictions placed on national registrations

  1. certain cases, some varieties may be desirable in 1 region, but could cause serious problems in other regions. Regional restrictions (to sale of seed) on a registration may be granted for crop varieties in those instances where the variety poses a potential threat to agriculture, in specific regions for reasons. By regulation, the objection to national registration in a region is made by the recommending committee for that region and by regulation their rationale for that objection is either for seed/grain quality risks or for disease susceptibility risks such that the variety or its progeny may be detrimental to human or animal health and safety, and/or the environment.
  2. For regional restrictions on variety registration, adverse effects are defined as harm to the industry (for example feed wheat in milling wheat or Deoxynivalenol (DON) toxin/Fusarium head blight (FHB) in wheat). Characteristics related to regional adaptation such as lack of winter hardiness do not constitute an adverse effect and neither does pending foreign approvals for the variety (for example had export market related approvals).

4.3 CFIA contract registration (variety registration)

  1. This category of registration is used for those varieties where the biochemical or biophysical characteristics distinguish it from the majority of registered varieties and where delivery of the resulting commodity into traditional commodity channels may cause an adverse effect on those channels. Thus, a variety must demonstrate the possibility of causing adverse effects in order to be granted an unrestricted contract registration. This is referred to as the "harm trigger". Examples of contract registered crops  include high erucic acid (C22:1) rapeseed (Brassica napus) and canola-quality Brassica juncea, as well as crops modified to produce cosmetic, pharmaceutical or industrial substances. A requirement of Contract Registration is that a comprehensive a quality control system and document must be developed to address any regulatory concerns under the Canada Grain Act (see below)..
  2. The applicant must make available, to the Registrar, a comprehensive quality control system document that describes fully how any and all potentially adverse effects of the variety will be managed. Appendix X provides further information. In the case of wheat and barley, the Variety Registration Office will share the quality control system with the Canadian Grain Commission to determine its acceptability. Applicants are advised to consult with The Canada Grain Commission (CGC) on their quality control system, as part of the process of developing their quality assurance manual. This should be done prior to the variety being presented to the registration recommending committee.
  3. The applicant must agree in writing to provide information on the distribution, use and disposition of any seed of the variety or any progeny thereof to the Registrar, upon request. This declaration can be found in the application form.
  4. In some circumstances, the production of crops from the variety will be required to be conducted using sufficient isolation distances for the species. This will be required in cases where cross pollination to grain of a traditional commodity type would have a negative effect on the latter crop, or for physical separation to avoid inadvertent mixing of crops.
  5. Contract registered varieties along with their accompanying quality control systems may be subject to auditing by CFIA and at the discretion of the Registrar.

5. Eligibility requirements for registration

Varieties are only eligible for variety registration if:

  1. the variety or its progeny is not detrimental to human or animal health and safety or the environment when grown and used as intended
  2. The representative reference sample of the variety does not contain off-types or impurities in excess of the Canadian Seed Growers Association (CSGA) Circular 6 standards for varietal purity for that class of pedigreed seed (typically Breeder seed is submitted but registered and/or Foundation seed can be provided, given a rationale for it.
  3. the variety meets the standards for varietal purity established by the Canadian Seed Growers Association Circular 6 Field Crop Regulations or the Seeds Regulations for a variety of that species, kind or type
  4. the variety is distinguishable from all other varieties that were or currently are registered in Canada (CFIA determines this via examination/comparison of the following: pedigree, breeding history, variety description, plants with novel traits (PNT) traits (if applicable), generation Breeder seed is declared, and finally a reference seed sample field grow out (10K plants) and supplemental DNA fingerprinting where called for to make a call. Note: this is 1 half of the definition of variety used in the regulations: the other half is "stable"; the variety, as described, as evidenced in the reference seed sample submitted, must be stable across generations for all traits claimed and within normal accepted tolerances for varieties of that crop kind.
  5. the variety name is not a registered trademark in respect of the variety
  6. the variety name is not likely to mislead a purchaser with respect to the composition, genetic origin or utility of the variety
  7. the variety name is not likely to be confused with the name of a variety that was or currently is registered in Canada or is likely to be imported into Canada (for example from the US).
  8. the variety name is not likely to offend the public
  9. no false statement or falsified document and no misleading or incorrect information has been submitted in support of the application for registration, regardless of intent.
  10. the information provided to the Registrar is sufficient to enable the variety to be evaluated. Its name could deceive or mislead the purchaser with respect to the composition, genetic origin or utility of the variety.

Where a variety is not eligible for registration, the Registrar will send the applicant a notice by registered mail, stating that the registration has been refused and the reasons for the refusal.

6. Cancellation (deregistration) of registration

The registration of a variety shall be 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 stocks in the market and ensure an orderly removal of seed from commercial streams. There is a 3 year notification period prior to the actual cancellation of a variety in order to allow growers to clear any seed out of the system. The Canada Grain Commission and CFIA developed a joint communications policy for dealing with varieties about to be cancelled. Once a request to cancel a registration is received from the registrant, the Variety Registration Office will publish a list of varieties whose registrations are proposed for cancellation, on the CFIA website. This database is updated annually in early September of each year. Cancellations are coordinated to occur on August 1 of each year (for those meeting the 3 year notification requirement).

Another rare form of cancellation is cancellation for cause by the Registrar; an enforcement tool. Where the registration of a variety has been cancelled for cause, the Registrar will send the registrant a notice by registered mail stating that the registration has been cancelled and the reason(s) for taking this action. By regulation, the Registrar a stakeholder expert consultative body established by CFIA annually for the purpose of providing expert guidance on cancelling a variety, should the Registrar choose to consult.

6.1 The Rationale for Variety Cancellation

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

  1. has been altered in such a manner as to convert it to a variety that is registered under a different name
  2. has been found to be indistinguishable from another variety already registered or known to exist
  3. if false or misleading information has been provided for the application for registration, regardless of intent
  4. is of a crop kind or species no longer subject to the variety registration requirements (for example crop placement to a new registration category) or
  5. upon the request of the Registrant, with the written permission of the breeder of the variety and subject to advance notification in the seed industry (as per the joint Canada Grain Commission and Canadian Food Inspection Agency on notification of intent to cancel a variety posted online (see Section B.5.14)

6.2 The Procedure for Variety Cancellation

Cancellation can be requested by the Registrant in the following ways:

  • by amending their application through their My CFIA application account and indicating a request for cancellation in the 'summary of changes' section.
  •  by contacting the Variety Registration Office (VRO) or The Pre-Market Applications Submissions Office (PASO) by email, phone or mail.

7. Reinstatement of registration

The Registrar may, upon written request and the submission of appropriate fees, reinstate the registration of a variety. 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 variety registration recommending committee must accompany the request.

Where more than 1 year has elapsed since the cancellation, a new legal reference sample and an application form will be required to be submitted.

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 choose to 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

  1. The appellant must make a written request to the Registrar within 30 days of receipt of notice that the decision was made
  2. The appellant must include the reasons for requesting the review along with substantiating information or documentation

9. Recommending committees

All committees that recommend varieties for variety registration must be officially recognized by the Minister of Agriculture and Agri-Food Canada for this purpose. Appendix XI lists the currently recognized committees. These regional recommending committees receive their authority from CFIA Seed Section (the Registrar) annually in the form of a signed recognition letter and it is contingent on having successfully completed a CFIA review of their latest (current year) written operating procedures. The names and addresses of the contact persons for each recommending committee is available on the CFIA website.

The roles and responsibilities of recommending committees to make recommendations for crop kinds in parts I and II are clearly defined in the Seeds Regulations.

The recommending committees are responsible for:

For crop kinds listed in part I:

  • ensuring members of the committee have the knowledge and expertise required to establish and administer testing protocols and determine the merit for varieties of that species, kind or type of crop
  • formulating testing procedures that are appropriate for their crop(s)
  • making recommendations to the CFIA respecting the merit of the variety
  • regularly reviewing the testing procedures to ensure that they reflect acceptable scientific practices
  • ensuring that reference varieties are current and fairly represent the requirements of Canadian agriculture and
  • establishing operating procedures to ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner

For crop kinds listed in part II:

  • ensuring 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
  • formulating testing procedures that are appropriate for their crop(s)
  • making recommendations to the CFIA respecting whether the variety has been tested according to established testing procedures
  • regularly reviewing the testing procedures to ensure that they reflect acceptable scientific practices
  • ensuring that reference varieties are current and fairly represent the requirements of Canadian agriculture and
  • establishing operating procedures to ensure that its functioning is transparent and that varieties are dealt with in a fair and consistent manner

10. Descriptions of varieties

As of April 1, 1994, the Variety Registration Office ceased publishing descriptions of registered varieties. Requests for information on specific varieties are referred to the Canadian representative or The Breeder of the variety, however, variety descriptions are public domain and can be provided upon request, to any member of the public as a computer file.

Detailed information describing the variety is still required as part of the application for crop inspection and variety verification purposes. CFIA routinely data shares the description of variety (DoV) data with the Canadian Seed Growers Association who in turn incorporates it into their SeedCert™ database for crop inspectors to access in order to conduct their pedigreed seed field crop inspection role.

11. Confidential business information (CBI)

Although pedigree information, breeding history/techniques and any proprietary disease testing, (as an example), is required as part of the registration review process, it is considered confidential business information (CBI) or in CFIA terms: Category B document (Secret). Similarly, for hybrid crops, the inbred line codes used by companies to identify their parental lines are kept secret; the parental lines are simply referred to as female of variety XYZ and male of variety XYZ. 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, breeding history/methods, and any proprietary tests for disease/quality/genetics) will require review by Access to Information and Privacy (ATIP) officials. The Registrant may be required to show just cause under ATIP legislation as to how dissemination would breach confidentiality.

Information on variants/off-types, variety name synonyms, or changes in variety name are considered to be public information and will not be considered CBI.

12. Advertising a variety prior to registration

  1. Prior to registration: a company may advertise a variety prior to registration provided all of the following conditions are met:

    • the variety has been supported for registration by a recognized recommending committee (not applicable to varieties of crop kinds in part III)
    • an application for registration with the appropriate fee has been received by the Variety Registration Office (meaning the application has cleared the preliminary review stage and the client was notified of such) and
    • the variety advertisement clearly states "registration pending" or "Pending registration"

    Sales shall not occur until registration is granted.

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