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Seeds Act

Version of section 4 from 2012-06-29 to 2015-02-26:

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) establishing grades with appropriate grade names for seeds;

    • (a.1) providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seeds and, in particular, for any such determination to be made by the Canadian Seed Growers' Association and any standards established by that Association to be used;

    • (b) prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested;

    • (b.1) respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;

    • (c) prescribing the minimum standards of purity, germination, quality and disease for seeds;

    • (d) respecting the packing and marking of seeds and the marking and labelling of packages of seeds;

    • (e) prescribing the terms and conditions under which variety names of seeds may be used;

    • (f) exempting any seed or any person from the operation of all or any of the provisions of this Act;

    • (g) respecting the taking of samples and the testing of seeds for the purposes of this Act;

    • (h) respecting the fees that may be charged for any services provided under this Act;

    • (h.1) prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale;

    • (h.2) respecting the registration of varieties of seeds and the amendment of the register of such varieties;

    • (h.3) specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations;

    • (h.4) prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2);

    • (h.5) determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;

    • (i) respecting the detention, preservation and safeguarding of anything seized under section 8;

    • (i.1) providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure;

    • (j) respecting the disposition of anything forfeited under section 8;

    • (j.1) requiring persons to whom the Act or regulations apply to prepare and maintain records and to provide them or make them available to the President of the Canadian Food Inspection Agency or an inspector and respecting the information in those records and the manner in which they are to be prepared, maintained and provided or made available;

    • (k) prescribing anything else that by this Act is required to be prescribed; and

    • (l) generally, for carrying out the purposes and provisions of this Act.

  • Marginal note:Minister to determine weeds

    (2) The Minister may, by order, determine the species of plants the seeds of which the Minister deems are weed seeds for the purpose of establishing grades under this Act.

  • R.S., 1985, c. S-8, s. 4
  • R.S., 1985, c. 49 (1st Supp.), s. 4
  • 1994, c. 26, s. 65(F)
  • 2001, c. 4, s. 117
  • 2012, c. 19, s. 473

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