Amendments to Plant Breeders' Rights

Summary#

The Government of Canada published a proposal in the Canada Gazette, Part I on August 9, 2025 to change the Regulations Amending the Plant Breeders' Rights Regulations under the Plant Breeders’ Rights Act. The changes would narrow when farmers can save and reuse protected seed, extend protection for some long‑lived crops from 20 years to 25 years, and make filing and administrative rules easier and cheaper (including a proposed online filing fee of $123.21).

What it does#

• Narrows the farmers’‑privilege exemption so it would no longer apply to:
  • fruit, vegetable and ornamental varieties,
  • plants reproduced by vegetative methods (cuttings, grafting, etc.), and
  • hybrids and the parental lines used to make hybrids.
• Extends the maximum term of Plant Breeders’ Rights for potato, asparagus, and woody plant species from 20 years to 25 years.
• Clarifies how “sale” affects novelty for filing: advertising would not count as a sale when deciding if a variety is still new.
• Introduces a reduced online filing fee for applications submitted through the international UPOV PRISMA tool (proposed $123.21), meant to offset the separate UPOV fee of 90 Swiss francs.
• Gives the Plant Breeders’ Rights Office flexibility to accept propagating material (seed or other samples) after the initial filing in exceptional cases.
• Removes some outdated fees and administrative requirements (for example, a fee for public inspection of the register and the requirement for a witness on assignments), and updates who fees are payable to (the Receiver General).

Note: This is a proposal open for comment (the Canada Gazette notice says comments are allowed for 70 days after publication). These measures are not law until finalized.

Who's affected#

• Plant breeders and seed companies — both Canadian and foreign — who apply for and hold Plant Breeders’ Rights are the primary group affected.
• Growers and farmers, especially those who save and reuse seed or propagate plants (nurseries, fruit orchards, vegetable growers, greenhouse and ornamental producers).
• The Plant Breeders’ Rights Office within the Canadian Food Inspection Agency (CFIA), which administers applications and will see changes in how filings are received and processed.
• Small businesses involved in breeding or seed production — the regulatory analysis estimates about 56 small businesses would benefit from lower administrative costs.
• Buyers and sellers in seed and plant markets, and users who rely on access to unprotected or public‑domain varieties (the proposal keeps public‑domain varieties available).

If something is unclear: the notice is a proposal, and exact final fees or implementation details would be set when (and if) the regulations are finalized.

Why it matters#

• For breeders: stronger and clearer protection (narrower farmers’ privilege and longer terms for some crops) is meant to make Canada more attractive for investment and encourage more new varieties to be developed or introduced here.
• For growers: horticulture and ornamental producers who previously could reuse some protected material may need to buy licensed material or get permission; that could raise costs or change access for some farm operations.
• For anyone who files for protection: the new lower online fee and greater flexibility on sample submission aim to make filing easier, speed up digital processing, and reduce paperwork.
• For consumers and the food system: regulators say the changes could encourage breeding of varieties with useful traits (disease resistance, climate resilience), which could affect availability, quality, and resilience of crops over time.
• Procedural point: these are proposed regulatory changes and not yet in force. Stakeholders had an opportunity to comment (the notice allows 70 days), and final rules would be published later if the government proceeds.