GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Plant Breeders’ Rights Act — P-14.6 57
Officers and employees not to acquire plant breeder’s rights 57 A person who has been appointed as an officer or employee of the Plant Breeders’ Rights Office may not, during the period for which the person holds the appointment and for one year thereafter, apply for the grant of any plant breeder’s rights or acquire directly or indirectly, except under a will or on an intestacy, any right or interest in any such grant.
Plant Breeders’ Rights Act — P-14.6 58
Delegation 58 (1) The Commissioner may in writing authorize, either generally or particularly, such officers or employees of the Plant Breeders’ Rights Office as the Commissioner deems fit to exercise and perform, subject to any general or special directions given or conditions attached by the Commissioner, all or any of the powers conferred and duties imposed on the Commissioner by or pursuant to this or any other Act. Presumption of authority (2) Every person purporting to act pursuant to any authorization under this section shall, in the absence of evidence to the contrary, be presumed to be acting in accordance with the terms of the authorization.
Plant Breeders’ Rights Act — P-14.6 59
Engagement of services 59 (1) The Commissioner (a) for the purposes of carrying out and evaluating the results of tests and trials referred to in section 23, may engage the services of persons other than employees of the Canadian Food Inspection Agency and pay to those persons fees in accordance with a scale determined by the Minister, with the approval of the Treasury Board, in respect of their services; and (b) may constitute panels of persons, composed of employees of the Agency or persons appointed or engaged pursuant to paragraph (a), which have the function of conducting examinations for purposes described in that paragraph and of advising the Commissioner as to (i) the examinations necessary or expedient for those purposes, and (ii) the results of those examinations. Discretion unaffected (2) Nothing in subsection (1) prejudices any discretion exercisable by the Commissioner. 1990, c. 20, s. 59; 1997, c. 6, s. 79
Plant Breeders’ Rights Act — P-14.6 60
Seal of office 60 (1) The Commissioner shall cause a seal to be made for the purposes of this Act and each certificate of plant breeder’s rights issued under paragraph 27(3)(b) to be sealed with that seal. The Commissioner may also cause any other instrument or copy of any document issuing from the Plant Breeders’ Rights Office to be sealed with that seal. Notice of seal and other documents (2) Every court, judge and person shall take notice of the seal of the Plant Breeders’ Rights Office and shall admit impressions of the seal in evidence without proof thereof and shall take notice of and admit in evidence, without further proof and without production of the originals, all copies or extracts certified under the seal to be copies of or extracts from documents on file in that Office. 1990, c. 20, s. 60; 2015, c. 2, s. 40(E)
Plant Breeders’ Rights Act — P-14.6 61
Time limit extended 61 Where any time limit or period of limitation specified by or under this Act expires on a day when the Plant Breeders’ Rights Office is closed for business, that time limit or period of limitation shall be deemed to be extended to the next day when that Office is open for business.
Plant Breeders’ Rights Act — P-14.6 62
Index 62 The Commissioner may prepare an index of names, together with descriptions comprising particulars of distinguishing identifiable characteristics, of such plant varieties in each of the prescribed categories as are ascertainable by the Commissioner to exist as a matter of fact within common knowledge.
Plant Breeders’ Rights Act — P-14.6 63
Register 63 The Commissioner shall keep a register of plant breeders’ rights and, subject to the payment of any fee required under this Act to be paid in the case of any entry in the register, the Commissioner shall enter in it (a) in relation to each plant variety that is the subject of those rights, the prescribed category to which it belongs; (b) the denomination of the variety, and any change to that denomination; (c) the full name and address of the breeder of that variety; (d) the name and address of the person whom the Commissioner is satisfied, in the manner provided by or under this Act, ought to be registered as the holder of the plant breeder’s rights respecting that variety; (e) the date of the grant of plant breeder’s rights respecting that variety; (f) the date of, and the reason for, any termination or invalidation of plant breeder’s rights; (g) if plant breeder’s rights are the subject of a compulsory licence under section 32, a statement to that effect; (h) the prescribed particulars of each application for the grant of plant breeder’s rights and of any abandonment or withdrawal of the application; and (i) the prescribed particulars, subject to the provisions of this Act and the regulations, that are considered by the Commissioner to be appropriate for entry in the register. 1990, c. 20, s. 63; 2015, c. 2, s. 41
Plant Breeders’ Rights Act — P-14.6 64
Evidence of registered matters 64 (1) The register is evidence of all matters entered in it as directed or authorized by this Act. Certified copy or extract (2) A document purporting to be a copy of any entry in, or an extract of any contents of, the register and to be certified by the Commissioner to be a true copy or extract is evidence of the entry or contents without further proof or production of the register. 1990, c. 20, s. 64; 2015, c. 2, s. 42(F)
Plant Breeders’ Rights Act — P-14.6 65
Certificate of Commissioner 65 A certificate purporting to be made by the Commissioner to the effect that an entry has or has not been made in the register or that any other thing authorized by or under this Act to be done in the course of the administration of this Act has or has not been done is evidence of the matters specified in that certificate. 1990, c. 20, s. 65; 2015, c. 2, s. 43(F)
Plant Breeders’ Rights Act — P-14.6 66
Rectification of errors 66 (1) Subject to subsection (2), the Commissioner may, on such terms, if any, as the Commissioner deems proper, authorize (a) the correction of any clerical error or error in translation appearing in a certificate of plant breeder’s rights issued under paragraph 27(3)(b), in an application for plant breeder’s rights, in any document filed for the purposes of such an application or in the register or index; (b) the amendment of any document that belongs to the Plant Breeders’ Rights Office and in respect of which no express provision for its amendment is made in this Act; and (c) the condonation or correction of any procedural irregularity in any proceedings subject to the authority of the Commissioner. When rectification permissible (2) Any power conferred by subsection (1) may, of the Commissioner’s own motion or on request in writing, be exercised if, but only if, that exercise of the power is in the interests of the due administration of this Act and is not prejudicial to the interests of justice. Opportunities for representations by interested persons (3) The Commissioner, if intending to exercise any power pursuant to subsection (1), shall give notice of the intention to each person appearing to the Commissioner to have an interest in the matter and shall not carry out the intention without first giving that person a reasonable opportunity to make representations with respect thereto. 1990, c. 20, s. 66; 2015, c. 2, s. 44(E)
Plant Breeders’ Rights Act — P-14.6 67
Preservation of documents 67 (1) An application for the grant of plant breeder’s rights and other documents filed with the Commissioner in connection with any such rights shall, subject to subsection (3), be preserved for the prescribed periods. Public accessibility (2) The Commissioner shall make the following accessible to the public on the Internet and, if the Commissioner considers it appropriate, by any other means: (a) the register; (b) the index; and (c) any documents referred to in subsection (1) that are prescribed and any other documents that should, in the Commissioner’s opinion, be made accessible to the public. Withdrawn application papers to be returned (3) Where an application for plant breeder’s rights has been withdrawn, the Commissioner shall return to the applicant at the address indicated in the application all the papers and other material submitted in connection with the application but, to any extent to which it is impracticable for the Commissioner to do so, and on the expiration of the prescribed period for so doing, the Commissioner shall destroy the material. (4) [Repealed, 2015, c. 2, s. 45] 1990, c. 20, s. 67; 2015, c. 2, s. 45
Plant Breeders’ Rights Act — P-14.6 68
Service of notices, etc. 68 (1) A notice or other document required to be given or transmitted to any person pursuant to this Act may be given or transmitted (a) by delivering it to the person; (b) by sending it by registered mail addressed to the person at any place pursuant to notice thereof given by the person or, if no such notice is given, at the person’s usual or latest known address in Canada; or (c) in any other manner prescribed. Deemed delivery (2) Where any notice or other document is sent by registered mail pursuant to subsection (1), it shall, in the absence of evidence to the contrary, be deemed to be given or transmitted at the time at which the registered letter containing it would be delivered in the ordinary course of post. 1990, c. 20, s. 68; 2015, c. 2, s. 46(F)
Plant Breeders’ Rights Act — P-14.6 69
Defect not to invalidate notices 69 A defect in a notice given pursuant to this Act, if the notice is such as to intelligibly and substantially effect the required notification, shall not render unlawful any administrative action executed in respect of the matter to which the notice relates and shall not be a ground for exception to any legal proceeding that may be taken in respect of that matter.
Plant Breeders’ Rights Act — P-14.6 70
Matters to be published 70 (1) The Commissioner shall cause to be published in the Canada Gazette such particulars of the following as are prescribed: (a) every application that is not rejected pursuant to section 17; (b) every request included pursuant to subsection 9(1) in an application that is not rejected pursuant to section 17; (c) and (d) [Repealed, 2015, c. 2, s. 47] (e) every grant or refusal to grant plant breeder’s rights; (f) every assignment of plant breeder’s rights of which the Commissioner is informed; (g) every application for a compulsory licence; (h) every grant or refusal to grant a compulsory licence and every thing done under subsection 32(4) with respect to a compulsory licence; and (i) every surrender of plant breeder’s rights. Notice to Department of Industry (2) The Commissioner shall, on causing particulars of a request referred to in paragraph (1)(b) to be published, give notice of the request to the Department of Industry. Matters to be published (3) In addition to the matters referred to in subsection (1), the Commissioner shall cause to be published in the Canada Gazette (a) such other matters as the Commissioner considers appropriate for public information; and (b) a notice of every annulment under section 34 or revocation under section 35. 1990, c. 20, s. 70; 1995, c. 1, s. 53; 2015, c. 2, s. 47
Plant Breeders’ Rights Act — P-14.6 71
Provision for publication of Plant Varieties Journal 71 (1) Where the volume of matters to be published in the Canada Gazette pursuant to section 70 is such as to warrant their inclusion wholly or partly in a separate journal, the Commissioner may cause to be published periodically a journal, to be called the Plant Varieties Journal, containing such of those matters as the Commissioner, subject to any regulations made pursuant to paragraph 75(1)(g), considers expedient. Notice of intention to publish Journal (2) The Commissioner shall, by publication in the Canada Gazette , at least twenty-eight days before commencing the issue of the Plant Varieties Journal, give notice of intention to do so. Cessation of publication of Journal (3) If at any time the volume of matters for the publication of which the Plant Varieties Journal is available ceases to be such as described in subsection (1), the Commissioner may cause the issuing of the Plant Varieties Journal to cease but, at least twenty-eight days before doing so, the Commissioner shall, by publication in that Journal, give notice of intention to do so. Publication in Journal to be deemed publication in Canada Gazette (4) For the purposes of this Act other than of subsections (2) and 75(2), publication in the Plant Varieties Journal pursuant to this Act shall be deemed to be publication in the Canada Gazette and references in this Act to the Canada Gazette shall be construed accordingly.
Plant Breeders’ Rights Act — P-14.6 72
Ignorance no defence in the event of publication 72 (1) Where in any civil, criminal or other proceedings a person’s knowledge or notice, at any time, of any matter is relevant for the purpose of determining any question whether, pursuant to this Act, liability has been incurred, any right has been acquired or any thing has been duly done, the person shall, for that purpose, be deemed to have had the relevant knowledge or notice at that time if, prior thereto, the matter or notice thereof is published in the Canada Gazette . Knowledge or notice, otherwise attributable, unaffected (2) Nothing in subsection (1) prevents any question referred to therein from being determined on the ground that the person had the relevant knowledge or notice, if lawfully attributable to the person, apart from that subsection. 1990, c. 20, s. 72; 2015, c. 2, s. 48(F)
Plant Breeders’ Rights Act — P-14.6 73
Constitution 73 (1) The Minister shall constitute an advisory committee on any terms and conditions determined by the Minister. Composition (2) The advisory committee shall be composed of persons appointed by the Minister from among representatives of organizations of breeders of plant varieties, dealers in seeds, growers of seeds, farmers, horticulturists and of any other interested persons considered appropriate by the Minister. Function (3) The function of the advisory committee is to assist the Commissioner in the application of this Act, including (a) the manner in which the Act is to be applied in respect of each category; (b) the requirements applicable in respect of each category, including those requirements relating to licensing; and (c) the interpretation of the expressions “reasonable prices”, “widely distributed” and “reasonable remuneration” for the purposes of section 32. Remuneration (4) No terms or conditions determined under subsection (1) shall provide for any remuneration to be payable to any of the persons acting on the advisory committee, but those persons may be paid any reasonable travel and living expenses incurred by them when engaged on the business of the committee while absent from their ordinary places of residence. 1990, c. 20, s. 73; 2015, c. 2, s. 49(F)
Plant Breeders’ Rights Act — P-14.6 74
Committee’s advice not binding 74 Nothing in this Act or the regulations shall be construed to impose any obligation to conform to the advice of the advisory committee.
Plant Breeders’ Rights Act — P-14.6 75
rohibited and any conditions to which that use is subject; (m) respecting the procedure for review of cases involving decisions given by the Commissioner pursuant to any provision of this Act; and (n) prescribing any matter required or authorized by this Act to be prescribed. Publication of proposed regulations (2) Subject to subsection (3), a copy of each regulation that the Governor in Council proposes to make pursuant to this Act shall be published in the Canada Gazette and a reasonable opportunity shall be given to interested persons to make representations with respect thereto. Exemptions (3) Subsection (2) does not apply in respect of a proposed regulation that (a) has been published pursuant to that subsection, whether or not it has been amended as a result of representations made pursuant to that subsection; or (b) makes no material substantive change in an existing regulation. 1990, c. 20, s. 75; 1997, c. 6, s. 80; 2015, c. 2, s. 50
Plant Breeders’ Rights Act — P-14.6 76
Seeds Act unaffected 76 (1) Nothing provided or granted by or under this Act shall be construed as conferring authority for (a) any seed to be sold, imported, exported or advertised, or (b) any name, mark or label to be applied in connection with any seed, contrary to the Seeds Act or any regulations thereunder. Definition of “seed” (2) In subsection (1), seed has the meaning assigned to that expression by section 2 of the Seeds Act .
Plant Breeders’ Rights Act — P-14.6 77
Report 77 (1) As soon as practicable after the expiration of the period of ten years beginning on the day of the coming into force of this Act, the Minister shall prepare a report with respect to the administration of this Act during the period and shall cause a copy of the report to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after it is completed. Contents of report (2) The report prepared pursuant to subsection (1) shall indicate whether the operation of this Act (a) results in (i) the stimulation of investment in businesses involving the breeding of plant varieties in respect of which protection afforded by plant breeders’ rights is applicable, (ii) any improvement in facilities to obtain foreign varieties of plants in the interests of agriculture in Canada, (iii) protection abroad, for commercial purposes, of Canadian plant varieties, (iv) improvement of plant varieties to the public benefit, and particularly, to the benefit of farmers and nurserymen, and (v) any other public advantage, (b) has some but not all of the results described in paragraph (a), (c) has all or any of those results but is, in any respect, not in the public interest, or (d) is, in the total absence of those results, not in the public interest, as the case may be, and particulars of anything so indicated shall be furnished in the report.
Plant Breeders’ Rights Act — P-14.6 78
Annual report 78 The Minister shall each year prepare a report with respect to the administration of this Act during the preceding calendar year and shall lay it before Parliament on any of the first fifteen days that either House of Parliament is sitting after he completes it.
Plant Breeders’ Rights Act — P-14.6 79
Plant breeders’ rights — previously granted 79 This Act, as it reads on or after the day on which this section comes into force, does not apply with respect to plant breeders’ rights granted before that day, but this Act, as it read immediately before that day, continues to apply with respect to those rights. 1990, c. 20, s. 79; 2015, c. 2, s. 51
Plant Breeders’ Rights Act — P-14.6 80
Existing applications 80 An application for the grant of plant breeder’s rights that was made before the day on which this section comes into force and that was not disposed of before that day is to be dealt with and disposed of in accordance with this Act. However, if plant breeder’s rights are granted to the applicant, sections 19 to 21, as they read immediately before the day on which this section comes into force, continue to apply with respect to those rights. 1990, c. 20, s. 80; 2015, c. 2, s. 51
Plant Breeders’ Rights Act — P-14.6 81
Existing proceedings 81 A proceeding commenced under this Act before the day on which this section comes into force that, on that day, is pending before a court and in respect of which no decision has been made shall be dealt with and disposed of in accordance with this Act as it read immediately before that day. 1990, c. 20, s. 81; 2015, c. 2, s. 51
Plant Breeders’ Rights Act — P-14.6 Coming into force
Coming into force * 82 This Act comes into force on a day to be fixed by order of the Governor in Council. * [Note: Act in force August 1, 1990, see SI/90-99.]
Plant Breeders’ Rights Act — P-14.6 Transitional
Transitional (2) For greater certainty, the two year limitation period provided for in subsection 53(7) of the Act, as amended by subsection (1), only applies in respect of offences committed after the coming into force of that subsection.
Plant Protection Act — P-14.8
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
Plant Protection Act — P-14.8 1
Short title 1 This Act may be cited as the Plant Protection Act .
Plant Protection Act — P-14.8 2
Purpose of the Act 2 The purpose of this Act is to protect plant life and the agricultural and forestry sectors of the Canadian economy by preventing the importation, exportation and spread of pests and by controlling or eradicating pests in Canada.
Plant Protection Act — P-14.8 3
Definitions 3 In this Act, Assessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act ; ( évaluateur ) conveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; ( véhicule ) dispose includes destroy; ( Version anglaise seulement ) document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; ( document ) inspector means a person designated as an inspector pursuant to section 21; ( inspecteur ) justice means a justice as defined in section 2 of the Criminal Code ; ( juge de paix ) Minister means the Minister of Agriculture and Agri-Food; ( ministre ) peace officer means a peace officer as defined in section 2 of the Criminal Code ; ( agent de la paix ) penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; ( sanction ) pest means any thing that is injurious or potentially injurious, whether directly or indirectly, to plants or to products or by-products of plants; ( parasite ) place includes a conveyance; ( lieu ) plant includes a part of a plant; ( végétal ) prescribed means prescribed by regulation; ( Version anglaise seulement ) thing includes a plant and a pest; ( choses ) Tribunal means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act ; ( Commission ) violation means any of the following that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act : (a) any contravention of any provision of this Act or of a regulation made under this Act, (b) any contravention of any order made by the Minister under this Act, and (c) any refusal or neglect to perform any duty imposed by or under this Act. ( violation ) 1990, c. 22, s. 3; 1994, c. 38, s. 25; 1995, c. 40, s. 75; 1997, c. 6, s. 81; 2001, c. 4, s. 173(F); 2012, c. 24, s. 95; 2015, c. 2, s. 99
Plant Protection Act — P-14.8
Assessor means the Assessor or any Deputy Assessor appointed under Part II of the Pesticide Residue Compensation Act ; ( évaluateur )
Plant Protection Act — P-14.8
conveyance means any aircraft, carriage, motor vehicle, trailer, railway car, vessel, cargo container or other contrivance used to move persons or things; ( véhicule )
Plant Protection Act — P-14.8
dispose includes destroy; ( Version anglaise seulement )
Plant Protection Act — P-14.8
document means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked; ( document )
Plant Protection Act — P-14.8
inspector means a person designated as an inspector pursuant to section 21; ( inspecteur )
Plant Protection Act — P-14.8
justice means a justice as defined in section 2 of the Criminal Code ; ( juge de paix )
Plant Protection Act — P-14.8
Minister means the Minister of Agriculture and Agri-Food; ( ministre )
Plant Protection Act — P-14.8
peace officer means a peace officer as defined in section 2 of the Criminal Code ; ( agent de la paix )
Plant Protection Act — P-14.8
penalty means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation; ( sanction )