Agriculture committee  The exemption authority is a regulation-making authority giving the Governor in Council the authority to make regs—for this one, to exempt something. This is the normal way that exemption authorities have been written for most of our statutes. You can exempt something without con

Agriculture committee  To answer very quickly, the CFIA and the registrar are already able to remove a seed from the variety registration list on our own initiative if there is something such as a disease or there's a harm because of the seed. We would take action in that situation ourselves rather tha

Agriculture committee  I can give you a little bit more background information on the variety registration process. There are two ways that cancellation is done. It can be done at the CFIA's initiation for a number of reasons: disease—it's maybe no longer resistant to disease—it's a harm on the marke

Agriculture committee  We can speak a little bit from experience over the last twenty-some years or so. In the wheat field, I was given some numbers. Around only 2% of varieties have been deregistered during that period of time. This isn't a situation that has been identified as a problem to us in that

Agriculture committee  I think I just need to make a distinction between the regulation that incorporates the document, which is gazetted—that's in proposed subsection 5.1(1)—and then the document itself. What proposed subsection 5.1(4) says is that the document itself is not considered a regulation, b

Agriculture committee  Thank you very much, Chair. As Mr. Lemieux mentioned, the incorporation reference authority has been sought in other acts of Parliament recently—the Safe Food for Canadians Act and the Food and Drugs Act—in terms of incorporation of food additives. Incorporation by reference is

Agriculture committee  At the beginning of subclause 24(1) in terms of the acceptability of the tests, it does say that it's from the appropriate authority in the country of the union. This is the authority that's charged with discharging the UPOV 91 legislation in that country, so it's from a regulate

Agriculture committee  Thank you, Mr. Chair. I look at this amendment in two parts. The beginning is about providing information. We feel that the commissioner is already charged with that responsibility in the legislation and a number of other places. If you look at proposed subsection 67(2)—it's sub

Agriculture committee  Mr. Chair, if I could add one quick thing to that, or two quick things?

Agriculture committee  In our opinion, they are.

Agriculture committee  Thank you, Mr. Chair. There are a few things in this amendment that we've looked at. For the most part it's repeating a lot of the exclusive rights of the breeder and what the farmers' privilege then allows the farmer. For instance, paragraph 5.3(c) says “sell, for uses other th

Agriculture committee  I think our problem was perhaps with the lack of clarity in the way it was phrased. In rereading it, I can see it the way we've been thinking about it in studying this the last few days. I can also see an interpretation where it is only on those acts that belong within the farmer

Agriculture committee  The ability of the plant breeder to collect the royalties is in subclause 5(2): Without prejudice to any rights or privileges of the Crown, an authorization conferred under paragraph 1(h) may be subject to a condition to pay royalty to the holder of the plant breeder’s rights

Agriculture committee  Yes. The royalties would be collected on the elements of the breeder's rights in subclause 5(1), and then the farmers' privilege carves out those elements of propagation on the farm.