PROVISIONAL PROTECTION

Provisional protection

19. (1) Subject to subsection (3), an applicant for the grant of plant breeder's rights in respect of a plant variety has, as of the effective date of the application set out in a notice sent by the Commissioner, the same rights under this Act in respect of the plant variety that the applicant would have under sections 5.1 to 5.3 if plant breeder's rights respecting the plant variety were granted to the applicant.

Termination of rights

(2) The rights granted under this section cease if the application is withdrawn by the applicant or rejected or refused or deemed to have been abandoned under section 26, except that if the application is reinstated, the rights are deemed never to have been terminated.

Enforcement of rights

(3) If the applicant is granted plant breeder's rights in respect of the plant variety, the applicant is entitled, in respect of the period between the date set out in the notice referred to in subsection (1) and the date on which the plant breeder's rights are granted, to equitable remuneration from any person who has been notified in writing by the applicant of the acceptance of the application under this Act and who, in that period, carried out acts requiring the authorization of the applicant.

143. Subsection 27(2) of the Act is replaced by the following:

Refusal

(2) The Commissioner shall refuse an application if the Commissioner is not satisfied, after consideration of the application and evaluation of results, as described in subsection (1).

144. Section 29 of the Act is repealed.

145. Subsection 32(1) of the Act is replaced by the following:

Grant of compulsory licences

32. (1) Subject to this section and the regulations, the Commissioner shall, on application by any person, if the Commissioner considers that it is appropriate to do so, confer on the person in the form of a compulsory licence rights to do any thing that the holder might authorize another person to do under paragraph 5(1)(d) or 5.1(1)(f), as the case may be.

146. Section 34 of the Act is replaced by the following:

Annulment of grant

34. (1) The Commissioner may, before the end of the term fixed by subsection 6(1) for a grant of plant breeder's rights made before the day on which section 5.1 comes into force , annul the grant if the Commissioner is satisfied that the requirements specified in paragraph 4(2)(a) or the conditions specified in subsection 7(1) were not fulfilled.

Annulment of grant

(2) The Commissioner may, before the end of the term fixed by subsection 6(1) for a grant of plant breeder's rights made on or after the day on which section 5.1 comes into force, annul the grant if the Commissioner is satisfied that the requirements specified in subsection 4(2) or the conditions specified in subsection 7(1) were not fulfilled or the holder was not entitled to the grant.

147. (1) Paragraph 35(1)(c) of the Act is replaced by the following:

    (c) their holder has failed to comply with a direction under section 16.1 to change the denomination of the plant variety to which the rights relate;

(2) Subsection 35(1) of the Act is amended by striking out the word ``or'' at the end of paragraph (d) and by adding the following after paragraph (e):

    (f) the plant variety to which the rights relate is no longer stable in its essential characteristics in that after repeated reproduction or propagation or, if the holder has defined a particular cycle of reproduction or multiplication, at the end of each cycle, it no longer remains true to its description; or

    (g) the plant variety to which the rights relate is no longer, having regard to the particular features of its sexual reproduction or vegetative propagation, a sufficiently homogeneous variety.

(3) Section 35 is amended by adding the following after subsection (2):

Exception

(3) Paragraphs (1)(f) and (g) do not apply in respect of a plant variety in respect of which plant breeder's rights were granted before the day on which section 5.1 comes into force.

148. The portion of subsection 45(1) of the Act before paragraph (a) is replaced by the following:

Holder may be required to take proceedings

45. (1) A person authorized or licensed to exercise plant breeder's rights under any of sections 5 to 5.3 may, subject to any agreement between the holder of the rights and that person,

149. Paragraph 50(1)(b) of the Act is replaced by the following:

    (b) determining whether or not annulment of the grant of plant breeder's rights is required by section 13;

150. Subsection 51(1) of the Act is replaced by the following:

Transmission of documents to Federal Court

51. (1) If an appeal or other proceeding has been instituted in the Federal Court under any provision of this Act, the Commissioner shall, at the request of any party to the proceedings and on payment of the prescribed fee, transmit to the Court all records and documents on file in the Plant Breeders' Rights Office that relate to the matters in question in the proceedings.

1997, c. 6, s. 78

151. Subsection 56(4) of the Act is replaced by the following:

Duties and powers of Commissioner

(4) Subject to section 58,

    (a) the Commissioner may designate countries and entities for the purposes of the definitions ``agreement country'' and ``country of the Union'' in subsection 2(1);

    (b) the Commissioner shall receive all applications, fees, papers, documents and materials submitted for plant breeders' rights;

    (c) the Commissioner may do all things necessary for the granting of plant breeders' rights and for the exercise of all other powers conferred, and the discharge of all other duties imposed, on the Commissioner under this Act; and

    (d) the Commissioner has the charge and custody of the register, books, records, papers and other things belonging to the Plant Breeders' Rights Office.

152. Paragraph 63(h) of the Act is replaced by the following:

    (h) the prescribed particulars of each application for the grant of plant breeder's rights and of any abandonment or withdrawal of the application; and

153. (1) Subsection 67(2) of the Act is replaced by the following:

Inspection by public, copies and certificates

(2) The register, the index and any documents referred to in subsection (1) that are prescribed for the purposes of this subsection or that may properly, in the opinion of the Commissioner, be open for inspection by the public, shall be open for inspection, on payment of the prescribed fees, during business hours at the Plant Breeders' Rights Office and the Commissioner shall, on request and on payment of the prescribed fee, provide any person with a copy of, or certificate with regard to, an entry in the register or index or with a copy of any of those documents.

(2) Subsection 67(4) of the Act is repealed.

154. (1) Paragraphs 70(1)(c) and (d) of the Act are repealed.

(2) Paragraph 70(3)(b) of the Act is replaced by the following:

    (b) a notice of every annulment under section 34 or revocation under section 35.

155. (1) Paragraph 75(1)(a) of the English version of the Act is replaced by the following:

    (a) determining the charges that a person may be required to pay in respect of services provided in the execution of any functions by or under the authority of the Commissioner;

(2) Paragraphs 75(1)(c) and (d) of the Act are replaced by the following:

    (c) defining the meanings of the words and expressions ``commercially acceptable'', ``description'', ``designation'', ``identifiable characteristics'', ``recently prescribed category'', ``representations'', ``reasonably priced'', ``to condition propagating material '', ``widely distributed'' and ``woody plant' ' for the purposes of this Act;

    (d) respecting the publication in the Trade Marks Journal of prescribed particulars respecting proposals, approvals and changes of denominations under sections 14 and 16.1 ;

    (d.1) requiring the advisory committee's advice as a prerequisite for the execution of any functions by the Minister or the Commissioner;

(3) Paragraph 75(1)(f) of the Act is replaced by the following:

    (f) giving effect to the terms of an agreement with an agreement country, and, despite anything in this Act, qualifying or curtailing any rights, protection or other benefits under this Act to any extent conducive to reciprocity between Canada and that agreement country;

(4) Subsection 75(1) of the Act is amended by adding the following after paragraph (j):

    (j.1) prescribing classes of sales that are deemed not to constitute a sale for the purposes of subsection 7(1);

156. Section 76 of the Act and the heading before it are replaced by the following:

CANADA FOOD SAFETY AND INSPECTION ACT

Canada Food Safety and Inspection Act unaffected

76. (1) Nothing provided or granted by or under this Act shall be construed as conferring authority for any seed to be sold, imported, exported or advertised contrary to the Canada Food Safety and Inspection Act or its regulations or for any name, mark or label to be applied in connection with any seed contrary to that Act or its regulations .

Definition of ``seed''

(2) In subsection (1), ``seed'' has the meaning assigned to that word by subsection 2(1) of the Canada Food Safety and Inspection Act .

Transitional - protective directions

157. Every grant of a protective direction under section 19 of the Plant Breeders' Rights Act, as that section read immediately before the day on which section 142 comes into force, continues in force after that day and every provision of that Act relating to protective directions that was in force before that day continues to apply in respect of the grant.

PART 11

REPEALS, CONSEQUENTIAL AMENDMENTS, TRANSITIONAL PROVISIONS AND COMING INTO FORCE

Repeals

Repeal of R.S., c. 20 (4th Supp.)

158. The Canada Agricultural Products Act is repealed.

Repeal of R.S., c. F-9

159. The Feeds Act is repealed.

Repeal of R.S., c. F-10

160. The Fertilizers Act is repealed.

Repeal of R.S., c. F-12

161. The Fish Inspection Act is repealed.

Repeal of R.S., c. 25 (1st Supp.)

162. The Meat Inspection Act is repealed.

Repeal of R.S., c. S-8

163. The Seeds Act is repealed.

Consequential Amendments

R.S., c. C-24

Canadian Wheat Board Act

164. Subparagraph 46(b.1)(iii) of the Canadian Wheat Board Act is replaced by the following:

      (iii) that the wheat be accompanied by a certificate issued under section 35 of the Canada Food Safety and Inspection Act, if the wheat is imported for seed use;

R.S., c. C-34

Competition Act

1999, c. 2, s. 4

165. Subsection 7(1) of the Competition Act is replaced by the following:

Commissioner of Competition

7. (1) The Governor in Council may appoint an officer to be known as the Commissioner of Competition, who shall be responsible for the administration and enforcement of this Act, the Consumer Packaging and Labelling Act, the Precious Metals Marking Act and the Textile Labelling Act.

R.S., c. C-38

Consumer Packaging and Labelling Act

1997, c. 6, s. 40; 1999, c. 2, s. 44(1)

166. (1) The definitions ``inspector'' and ``Minister'' in subsection 2(1) of the Consumer Packaging and Labelling Act are replaced by the following:

``inspector''
« inspecteur »

``inspector'' means any person designated as an inspector for the enforcement of this Act under the Department of Industry Act;

``Minister''
« ministre »

``Minister'' means the Minister of Industry;

1999, c. 2, s. 44(2)

(2) Subsection 2(2) of the Act is replaced by the following:

Functions of Commissioner

(2) The functions of the Minister of Industry in relation to the administration of this Act, except subsection 11(1), and in relation to the enforcement of this Act may be exercised by the Commissioner on behalf of that Minister.

167. Subsection 3(2) of the Act is replaced by the following:

Exemption

(2) This Act does not apply to any product that is a device or drug within the meaning of the Health Products Safety Act or food within the meaning of the Canada Food Safety and Inspection Act .

168. Section 8 of the Act is repealed.

1997, c. 6, s. 41

169. The portion of paragraph 15(4)(c) of the Act before subparagraph (i) is replaced by the following:

    (c) after the expiration of sixty days after the day of seizure unless, before that time,

1997, c. 6, s. 43

170. (1) The portion of subsection 20(1) of the Act before paragraph (a) is replaced by the following:

Contraven-
tions of sections 4 to 9

20. (1) Every dealer who contravenes any of sections 4 to 9 is guilty of an offence and liable

1997, c. 6, s. 43

(2) The portion of subsection 20(2) of the Act before paragraph (a) is replaced by the following:

Contraven-
tion of other provisions or regulations

(2) Every person who contravenes any provision of this Act, other than any of sections 4 to 9, or any regulation made under paragraph 18(1)(d), (e) or (h), is guilty of an offence and liable

1997, c. 6, s. 43

(3) Subsection 20(2.1) of the Act is repealed.

1997, c. 6, s. 44(1)

171. Subsections 21(2.1) and (2.2) of the Act are repealed.

1992, c. 47

Contraventions Act

172. Item 7 of the schedule to the Contraventions Act and the heading before it are repealed.