Plant breeders’ rights changes now law

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Published: March 5, 2015

Bill C-18 gets royal assent, bringing Canada in line with UPOV 91 standards

A federal bill that will overhaul plant breeders’ rights in Canada has received royal assent.

Notice was given Feb. 25 that the governor general had signed off on Bill C-18, the Agricultural Growth Act.

Key to the new legislation is Canada’s Plant Breeders’ Rights Act, which brings the country’s regulations in line with UPOV 91 standards, provides private and publicly funded plant breeders greater protection over new seed varieties and possibly paves the way for end-point royalties on seed sales.

The bill moved through the House of Commons in late November after being announced in December 2013. It has since been the subject of five Senate agriculture committee meetings.

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It received its third reading in the Senate Feb. 24.

The legislation has received widespread support from most farm groups, which say it will spur new investment in variety development.

However, the National Farmers Union condemned it as a “corporate agribusiness promotion act” and raised concern about farm-saved seed and farmers’ privilege.

The bill doesn’t create end-point royalties, in which payments are made to seed developers upon sale, but it does allow for the government to introduce them in the future without further public debate.

Bill C-18 will also simplify applications to the Advance Payments Program and broaden the scope of eligible farms.

The large omnibus bill also changes other agriculture-related acts, including:

  • Feeds Act
  • Fertilizers Act
  • Seeds Act
  • Health of Animals Act
  • Plant Protection Act
  • Agriculture and Agri-Food Administrative Monetary Penalties Act
  • Agricultural Marketing Programs Act
  • Farm Debt Mediation Act

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