Thank you, Chair.
After looking looked at this amendment, I think the introduction of intent is problematic. When you look at UPOV 78, which has been in force for 23 years in Canada, it does not include the concept of intent with respect to infringement of rights.
This type of clause also places an undue burden upon the plant breeder to show whether there was intent or not intent, which is an extremely high bar to set. This was not under UPOV 78. I'm not sure why it's being introduced now when it really has not been a problem under UPOV 78.
I also worry that it could put us offside with other countries. We are not the only country that is signing on to UPOV 91. There has to be a common understanding of what UPOV 91 means. This will actually come up in further discussion too. If you start altering what UPOV 91 means, then it's not UPOV 91, it's something else. I think we have to be very cognizant of that as we work our way through the bill, especially through the plant breeders' rights part.