IP/N/1/CAN/14  
IP/N/1/CAN/P/11  
 
7 June 2016  
(16-3047)  Page: 1/2  
Council for Trade-Related Aspects 
of Intellectual Property Rights  Original: English/French  
 
   
 
NOTIFICATION OF LAWS AND REGULATIONS 
UNDER ARTICLE 63.2 OF THE TRIPS AGREEMENT 
 
CANADA: PLANT BREEDERS' RIGHTS ACT 
Notifying Member C ANADA  
 
Details of the notified legal text 
 
Title  
 Canadian Plant Breeders' Rights Act 
Subject matter Industrial property; Patents (including plant variety protection) 
Nature of 
notification  Main dedicated intellectual property law or regulation  
  Other law or regulation 
 
Link to legal text http://members.wto.org/crnattachments/2016/IP/CAN/16_2196_00_e.pdf  
 
Notification status  First notification 
 Amendment or revision to notified legal text 
 Replacement or consolidation of notified legal text(s) 
 
Previous 
notification(s) 
referred to IP/N/1/CAN/P/3 
"https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?DataSour
ce=Cat&query=@SymbolMa tch=IP/N/1/CAN/P/3&Language=English&Cont
ext=ScriptedSearches&languageUIChanged=true# " 
 
IP/N/1/CAN/1 "https://docs.wto.org/dol2fe/Pages/FE_Search/FE_S_S006.aspx?DataSour
ce=Cat&query=@SymbolMa tch=IP/N/1/CAN/1&Language=English&Contex
t=ScriptedSearches&languageUIChanged=true# " 
 
Brief description of the notified legal text  
 Canadian Plant Breeders' Rights Act , as amended by Bill C-18, the Agricultural Growth Act . 
 
Bill C-18 amends the Plant Breeders' Rights Act (PBR Act). The bill is designed to modernize 
Canada's agriculture legislation and encourage innovation in the sector. Among the changes are amendments to encourage investment in plant breed ing in Canada and foster more accessibility to 
foreign seed varieties for farmers. 
 
Bill C-18  amends the PBR  Act to strengthen the rights of breeders and improve accessibility to 
protection by: 
   extending plant breeders rights to include reproduction, import, export, conditioning 
(clean, treat), and stocking for the commercial purposes of propagating, in addition to 
the current system that already allows for the sale of propagating material and the 
production of propagating material intended for sale; IP/N/1/CAN/14 • IP/N/1/CAN/P/11 
 
- 2 - 
 
   
   allowing plant breeders to sell a variety in Canada for up to one year before applying 
for PBR protection in order to test the market, advertise, or to increase stock; 
   providing automatic provisional protection for a new plant variety from the date of filing, 
which would allow applicants to exercise their rights while applications are pending 
"grant of rights" (no legal action in respect of provisional protection could be initiated 
until after the rights are granted); and 
   extending the protection period from 18 years to 25 years (for trees, vines or any 
specified categories) and 20 years for all other crops, unless the breeder terminates 
them earlier. 
Amendments to the PBR Act under Bill C-18 brin g it into conformity with the 1991 Act of the 
International Convention for the Protection of New Varieties of Plants (UPOV 91). On June 19, 2015, Canada deposited its instrument of ratification with the UPOV Secretary General, 
becoming the 53
rd country to be bound by this Convention. 
 
Language(s) of notified text English and French 
Date of adoption 27 February 2015 
Entry into force 27 February 2015 
 
Notification details  
Submission date 
of notification  30 May 2016 
Other information  
 Bill C-18  amends, inter alia , the Plant Breeders' Rights Act 
 
http://www.parl.gc.ca/legisinfo/Bill Details.aspx?billId=6373658&Language
=E&Mode=1  
 
Agency or 
authority 
responsible Canadian Food Inspection Agency 
Plant Breeders Rights Office 
 
59 Camelot Drive 
Ottawa, Ontario, Canada 
K1A 0Y9