Plant Breeders' Rights Amendments

Summary#

The federal government has published proposed changes to the Plant Breeders’ Rights Regulations to tighten who can save and reuse protected plant material, extend protection for some slow-growing crops, and make it easier (and cheaper) to file applications online. The proposal comes from the Canadian Food Inspection Agency (CFIA) and is open for public comment until October 18, 2025 (70 days after publication on August 9, 2025).

What it does#

• Narrows the farmers’ privilege so it would no longer apply to:
  • fruit, vegetable and ornamental varieties,
  • plants grown by asexual or vegetative propagation (cuttings, grafting, etc.),
  • hybrids and the parental varieties used to make hybrids.
• Extends the maximum term of plant breeder protection for certain crops from 20 years to 25 years for:
  • potato, asparagus, and woody plant species (for example, some berry fruits and flowering shrubs).
• Clarifies novelty rules by stating that a “sale” does not include advertising. This means online promotion before a physical sale would not automatically make a variety ineligible for protection.
• Introduces a discounted online filing fee for applications filed through UPOV PRISMA:
  • new proposed fee: $123.21 (CFIA portion),
  • applicants would still pay the 90 Swiss francs (about $135) PRISMA fee to UPOV.
• Gives the CFIA more flexibility to accept samples of propagating material after filing in exceptional cases (instead of always at filing).
• Removes some outdated fees and paperwork requirements (for example, an obsolete inspection fee and a witness signature rule for assignments). It also aligns payment language so fees are paid to the Receiver General.

Who's affected#

• Plant breeders and seed companies — both Canadian and foreign — are the primary group affected. The CFIA estimates about 800 varieties could be affected by the extended protection period.
• Farmers, growers and nurseries, especially those in horticulture and ornamental sectors, because the narrowed farmers’ privilege will limit where farm-saved propagation is allowed.
• Applicants who file PBR applications — they may save money if they file electronically with the new discounted fee.
• The CFIA, which expects lower administrative burden if more applicants file online.
• Consumers and the broader agriculture sector could see indirect effects over time as breeding incentives shift. Some stakeholders raised concerns that the proposed changes could reduce certain farmer practices; others said the changes would encourage investment in new varieties.

Why it matters#

• The government says these changes aim to strengthen intellectual-property protection for breeders so they have more reason to invest in developing new varieties. That could mean more new seed varieties for agriculture, horticulture and ornamentals over time.
• For growers, narrowing the farmers’ privilege may restrict the ability to save and reuse protected plant material for excluded crop types. That could raise costs for some producers who currently rely on saved seed or plant material.
• The fee and filing changes are meant to speed up and modernize the application process and reduce paperwork for both applicants and the CFIA.
• The proposal is intended to bring Canada closer to international practice under UPOV 91, but it has drawn differing views from stakeholders — especially about farmers’ rights and access to seed.
• This is a proposed regulation, not law yet. Comments were invited and will be considered before any final rules are made.