Good morning.
As Mark said in his introduction, I'm from the Canadian Horticultural Council and Canadian Potato Council.
Plant breeders' rights have been tremendously important to our sector. Before Canada implemented plant breeders' rights in 1990, producers could not get full access to superior genetics that were developed internationally.
In the first 10 years after the introduction of PBR, over 80 international potato cultivars were introduced into Canada. However, as Canada has fallen farther and farther behind other countries, our producers are once again losing access to superior varieties that were developed internationally. We are confident that the updated PBR legislation will continue to bring new varieties to Canadian producers.
I would now like to focus on five very important misconceptions regarding the proposed amendments.
First, plant breeders' rights are not patents. Unlike patents, plant breeders' rights make it mandatory for breeders to make their protected varieties available for use by breeders either for research purposes or to develop new varieties. Unlike patents, this legislation will ensure that farmers can save harvested material they produce on their farm for use as seed.
Second, the proposed amendments will not implement end point royalties, or allow royalties to be collected anywhere on the seed. The legislation is very clear that the only time the breeder can be compensated on harvested material is if the breeder can prove that the seed was acquired illegally. However, if farmers and industry stakeholders want to implement a system in the future that will help to generate funds for investment, and they request this of the minister, the bill does permit the minister to undertake a regulatory process to make this possible.
Third, no matter what terminology is used, the amendments contained in the bill entrench the ability to save the harvested materials they produce on their farm: clean it, condition it, store it, and use it as seed on their own farm. The farmers' privilege terminology isn't even part of the legislation itself, but rather is in the margin for reference. The farmers' exception to plant breeders' rights is clearly in the legislation and cannot be taken away without a legislative change.
Fourth, large seed companies and developers will not be the only ones to benefit from updated plant breeders' rights. In fact, half the varieties protected by PBR were developed at public institutions. Universities, provincial research facilities, and Agriculture and Agri-Food Canada have received royalties from plant breeders' rights to help fund their breeding programs, leading to further innovation for Canadian agriculture.
Fifth, history in Canada clearly shows that PBR did not accelerate seed price increases. During the ten years before PBR implementation, seed prices increased 24%. In the ten years following PBR introduction, the prices of seed increased by just over 8%.
We hope these points have addressed some of the misconceptions that you might have about amendments to plant breeders' rights and the impact on Canadian growers.
In conclusion, on behalf of the 20 organizations that are the Partners in Innovation coalition and the majority of Canadian growers we represent, thank you for the opportunity to meet with you today.