Plant Breeders' Rights: Narrowed Privilege, Longer Terms

Summary#

This is a proposed change to the Plant Breeders’ Rights Regulations under the Plant Breeders’ Rights Act, published on August 9, 2025. If adopted, it would tighten when farmers can save seed, lengthen protection for some long-lived crops, and make it cheaper to file PBR applications online.

What it does#

• Narrows the farmers’ privilege so it would apply only to traditional small-grain agricultural crops (like cereals and pulses) and would no longer apply to:
  • fruit, vegetable and ornamental varieties;
  • plants reproduced by cuttings, grafting or other vegetative methods; and
  • hybrids and the parental varieties used to make hybrids.
• Extends the maximum term of protection for certain crops from 20 years to 25 years for:
  • potato;
  • asparagus; and
  • woody plant species (for example, berry fruit and flowering shrubs).
• Clarifies that, for the novelty test, a “sale” does not include advertising — promotional material alone would not count against applying for protection.
• Creates a lower online filing fee to encourage electronic applications: a notional new fee of $123.21 for filings via the UPOV PRISMA tool (applicants would still pay the PRISMA fee of 90 Swiss francs (≈ $135)). The final Canadian fee would be set when the rules are finalized.
• Allows, in exceptional cases, more time for an applicant to provide the required sample of propagating material after filing.
• Makes housekeeping and alignment changes, such as removing obsolete fees and references, dropping a witness requirement for assignments, and making fees payable to the Receiver General for Canada.

Who's affected#

• Plant breeders — both private seed companies and public breeders (universities, government labs). The proposal aims to make Canada a more attractive market for breeding investment.
• Growers and farmers, especially those who grow fruits, vegetables, ornamentals, potatoes, asparagus, and woody crops. Some growers who currently save or propagate protected material could face new limits.
• Seed sellers, nurseries and the wider seed industry that handles licensed material.
• The Canadian Food Inspection Agency and its Plant Breeders’ Rights Office, which administer PBR and processes applications (the proposal is intended to shift more filings online).
• Stakeholders who responded to earlier consultations include roughly 109 respondents; the government estimates about 800 varieties could be affected by the term extension.

Note: this is a proposal (Canada Gazette, Part I). It is not law yet. Interested people may comment within 70 days after publication (August 9, 2025).

Why it matters#

• For breeders: stronger and longer protection for some crops aims to improve the chance they can recover the cost of breeding and therefore could encourage more investment and more new varieties sold in Canada.
• For farmers and growers: fewer legal options to save or re‑use protected material for many horticultural crops could mean they need to buy seed or obtain licences for some varieties, which could change costs and practices on farms.
• For the seed system and trade: clarifying advertising rules and offering a cheaper online filing option (the $123.21 notional fee) is meant to make filing easier and speed up administration. Aligning rules with international practice (UPOV 91 and some trading partners) may encourage foreign breeders to introduce varieties in Canada.
• There are trade-offs and debate: many respondents supported the changes, but some stakeholders raised concerns about farmer access and the effects on smaller operators. The proposal aims to balance breeder incentives with public access, but that balance is contested.