The Canadian Plant Breeders' Rights Act, given Royal Assent on June 19, 1990, came into force on August 1, 1990. The legislation makes it possible for plant breeders to legally protect new varieties of plants. Plant varieties, both sexually and asexually reproduced, may be covered under the legislation for a period of up to 18 years. All plant species, except algae, bacteria and fungi, are eligible for protection.

The owner of a new variety who receives a 'Grant of Rights' will have exclusive rights over the use of the variety, and will be able to protect his/her new variety from exploitation by others (see Rights of the holder). The intent of the legislation is to stimulate plant breeding in Canada, to provide Canadian producers better access to foreign varieties and to facilitate the protection of Canadian varieties in other countries.

2. The Plant Breeders' Rights Office (PBRO)

The Plant Breeders' Rights Office (PBRO) is part of the Canadian Food Inspection Agency (CFIA). The Office functions to secure the rights of plant breeders by granting protection for their new varieties. The Office examines applications to determine whether applicants are entitled to receive a grant of rights. It publishes and distributes plant breeders' rights information via the Plant Varieties Journal (see Plant Varieties Journal), records details of incoming applications and assists the public in obtaining documentation pertaining to a right that has been published.

An Advisory Committee has been appointed from various organizations within the agricultural and horticultural sectors (see Appendix I: Advisory Committee Members) to advise the PBRO on the administration of the Act. The Committee assists by providing technical information for the development of regulations and policy.

Applications and communications must be completed in either French or English. When requesting an application from the PBRO the applicant should specify the crop kind and preferred language to ensure the appropriate forms are sent.

Business with the PBRO should be addressed to:

Plant Breeders' Rights Office
59 Camelot Drive
Ottawa, Ontario
K1A 0Y9 CANADA
Telefax: 613-228-4552

3. Who can Apply?

The applicant may be the breeder, his/her employer, or the legal representative. The applicant must also be a citizen of, a resident of, or have a registered Office in Canada or a UPOV member country. All applications require a Canadian address to which correspondence from the PBRO may be sent. Applicants resident outside of Canada must appoint an agent (resident in Canada) to submit an application on their behalf.

Application made by a legal representative

The legal representative includes the breeder's executor, administrator, any assignee or successor in title to the rights. The legal representative must have the unconditional right to apply in his/her name. Documentation must be provided at the time of application to establish that the applicant is the legal representative when the applicant is not the breeder. Documentation must also be provided if the ownership of the variety is assigned to someone else after the application is filed. Such documentation should include the following particulars: (For an example see: Legal Representative Statement/Assignment before the issue of PBR form)

the name and address of the breeder or previous owner of the variety
the category and denomination of the plant variety
a letter of assignment signed by both the assignor and the assignee, each in the presence of a witness; and
the effective date of the assignment

Application made through an agent

The agent acts on behalf of the applicant or holder of the right. The agent will serve as the contact person for the Plant Breeders' Rights Office. Documentation must be provided establishing that an agent has been properly authorized by an applicant or holder of a right. There are no special qualifications for the agent, although it would be in the interest of the applicant for the agent to have some knowledge of the candidate variety. The PBRO has the authority to refuse recognition of an appointed agent at any time. (For an example see: Authorization of Agent form)

4. Criteria Varieties must Meet

Varieties that will be protected will have demonstrated that they are:

new;
distinct;
uniform; and
stable.

The criteria used to determine whether a variety is eligible for protection are as follows:

New

The sale of a candidate variety prior to application for protection is restricted. Regulations covering the sale of varieties prior to applying for protection are as follows:

Sales of Varieties in Canada
Varieties may not have been sold in Canada prior to submitting an application for protection.
Sales of Varieties outside of Canada
Varieties, excluding those of woody plants and their rootstocks, may have been sold outside of Canada for up to four years. Varieties of woody plants and their rootstocks may have been sold outside of Canada for up to six years prior to submitting an application for protection.

Distinct

A candidate plant variety must be measurably different from all other varieties which are known to exist within common knowledge at the time the application was made. Common knowledge includes varieties already being cultivated or exploited for commercial purposes in Canada and those varieties described in a publication that is available to the public.

Uniform

A candidate plant variety must be uniform in that any variation should be predictable to the extent that it can be described by the breeder. Any variations in the uniformity of a variety must be commercially acceptable.

Stable

A candidate variety must remain true to its description over successive generations. The variety must be stable in its essential characteristics to the degree where further generations of seed or other propagating material exhibit the same characteristics as described in the original description for which rights were granted.

5. The Application Process

Filing an Application

An application will be officially accepted when a completed application form including attachments and filing fee have been submitted to the PBRO. The date when all items requested have been submitted will determine the effective date of an application. This will be used to determine the priority of applications when two varieties under examination are indistinguishable.

The information to be submitted to the PBRO is listed on the PBR application form (Printer-friendly PDF version). These items must be included at the time of application in order for the basic requirements to be met. Some of these requirements are detailed below.

A proposed denomination for the variety
May be a temporary name or experimental number. Examination of the candidate variety will not commence until a final denomination has been approved (see Appendix II: Variety Naming Guidelines).
Distinctness statement
A brief summary of how the variety is distinct from all varieties known in Canada. The main distinguishing characteristics of the candidate variety must be compared to the reference variety(ies) (see Distinct).
Description of the origin and breeding history of the variety
To include: the location and year of the breeding work; the genealogy, including varieties, lines, or clones used; method of origination and location, breeding technique, selection criteria used and stage of selection and multiplication. For asexual crops include method of propagation.
Statement of uniformity and stability
A statement that the variety is uniform and stable (see Uniform and Stable).
Sample of propagating material
Where specified, a sample must be submitted to the PBRO. The applicant must comply with all import procedures. (see Appendix III: Sample Requirements).
Maintenance of the Variety
The applicant is required to submit both the particulars of where the variety will be maintained throughout the duration of the rights, and the methods to be used for maintaining the variety.
Previous commercialization/protection
Statements verifying whether the candidate variety has been sold in Canada or outside of Canada, and whether the variety is protected, or filed for protection, in another country.
Verification of the ownership of the variety (if required)
Necessary documentation showing the applicant to be the legal representative, or an authorization of an agent.
Supply any other information as required by the PBRO.

The following items are included on the application form, but are optional and are not required unless the applicant selects them. These items, as detailed below, must be requested at the time the application is filed.

Protective Direction
A protective direction serves as a means to protect a candidate variety for the time period extending from when the applicant files for protection and the date when rights are granted. With a protective direction, the applicant will be permitted to initiate legal action against any infringements which may occur while the application is pending. The applicant must agree not to sell propagating material of the variety while a protective direction is in force, unless it is for scientific research, for multiplying stock for sale back to the applicant, or for part of a transaction involving the sale of a right. The Commissioner may withdraw the protective direction in the event that the applicant fails to comply with these requirements or allows another to infringe the rights. As well, the applicant may remove the protective direction at any time during the application process by notifying the Commissioner. A protective direction must be requested at the time of filing an application along with the appropriate fee.
Request for Exemption from Compulsory Licensing
Any request for exemption from compulsory licensing, including reasons for it, must be made at the time of application (see Compulsory licensing). The only reason for which an exemption from compulsory licensing is granted is that the applicant requires time to multiply and distribute propagating material of the variety.
Claiming Priority for an Application previously filed Outside of Canada
Priority may be claimed by an applicant submitting an application for a variety which previously has been filed for protection outside of Canada in a UPOV member country. The date the foreign application was originally filed would be considered as the date of filing in Canada. The advantage of claiming priority is that it would give an applicant precedence over competitors applying for rights for an identical variety.
The applicant must apply to claim priority within one year from the date when the application was originally filed in the member country. A copy of the preceding application, certified by the appropriate authority (translated into either French or English), must be submitted within 3 months after the claim has been filed with the PBRO. A request for priority must be applied for at the time of filing an application along with the appropriate fee.

Rejection of an Application

The Commissioner may reject an application, after it has been filed, when:

the candidate variety is not a new variety; or
the person making the application is not entitled to do so; and
any other incompatibility with the Act or Regulations.

Prior to rejecting the application, the applicant will be notified and given reasons for the intended rejection. The applicant may request the PBRO to reconsider the rejection by providing further evidence supporting his/her case.

Cost of Protection

For a list of fees and charges required for obtaining a grant of rights, refer to Appendix IV.

6. The Examination Process

The examination of an application determines whether the candidate variety meets the requirements for distinctness, uniformity and stability (DUS). Please refer to the Guidelines for Conducting PBR Comparative Tests and Trials.

Tests and trials outside of Canada

Foreign tests and trials may be accepted when they are purchased from Plant Breeders' Rights Offices in UPOV member countries. In such cases it is required that all candidate varieties are tested for at least one year in Canada and grown in comparison to varieties currently in use in Canada.

Publication of Variety Description

After the site examination and submission of the completed objective description form, comparative photographs and results of tests and trials, a description of the variety is written for publication in the Plant Varieties Journal.

Objections

Any person who considers that an application under examination should be refused a grant of rights may file an objection, on payment of the prescribed fee. The objection may be made for any incompatibility with the Act or Regulations. An objection to an application must be filed with the PBRO within six months following the date an application, including the description, was published in the Journal. If, at the end of the six month period, there are no valid objections to a published variety description, the variety becomes eligible for a grant of rights.

Refusal of an Application

Following examination, an application may be refused grant of rights when the Commissioner:

is not satisfied, after consideration of the application and the results from tests and trials, that the candidate variety is new, distinct, uniform and stable;
has withdrawn a protective direction and finds no reason to grant a right;
has found that the application does not conform to the Act or Regulations.

Before an application is refused, the Commissioner will inform the applicant of the reasons for the refusal. The applicant will have an opportunity to make representations in support of his/her case.

Withdrawl of an Application

Applicants may withdraw their applications at any time prior to a grant of rights. All papers and other material submitted in connection with the application will be returned to the applicant. The examination fee may be refunded where it had been paid prior to withdrawal and the examination had not been requested by the applicant.

Abandoned Application

An application may be deemed abandoned at any time during the application or examination process upon failure of the applicant to proceed with the application within six months after the date of notice of any action by the Commissioner. It may be possible for the application to be reinstated where the application had been deemed abandoned.

7. Grant of Rights

Grant of a Plant Breeder's Rights

When an application meets all of the criteria for Plant Breeders' Rights, the PBRO will grant rights providing all fees have been paid. A plant breeders' rights certificate will be issued to the applicant.

Rights of the Holder

The holder of a plant breeders' right has the exclusive right to:

Sell, and produce the variety in Canada for the purpose of selling, the propagating material of the protected variety;
Make repeated use of the protected variety as a step to commercially produce another variety;
Make repeated use of the protected variety for use in the production of ornamental plants or cut flowers; and
License a third party to do any of the above acts, conditionally or unconditionally.

Any of these acts undertaken by an unauthorized person constitutes an infringement of the holder's rights.

Restrictions to the Holders' Rights

Developing new varieties from protected varieties
Protected varieties may be used for breeding and developing new plant varieties.
Farmers' Privilege
Farmers may save and use their own seed of protected varieties without infringing on the holder's rights.

Duration of the Rights

Plant Breeders' Rights are granted for a period of up to 18 years, effective from the date of issue of the rights certificate. At any time during this period the holder may surrender the rights on the variety.

Annual Fee

A plant breeders' right will remain in force so long as the holder of the rights pays the annual fee. The fee must be paid annually on the anniversary of the date the rights were granted.

Maintenance of Propagating Material

It is the responsibility of the holder of the rights to be able to supply the Commissioner with a sample of propagating material of the variety throughout the term of protection. The Commissioner may request samples of propagating material at any time and the holder must provide the sample within 60 days of the request. The sample of propagating material must exhibit the same characteristics as described in the original variety description at the time when the right was granted. The Commissioner may also request to inspect the facilities used for maintaining the variety. Failure to comply with these requests may result in the revocation of the rights.

Revocation of Rights

The Commissioner may revoke rights when it has been determined that the holder:

failed to pay the annual renewal fee;
was unable to supply propagating material of the variety;
was unable to prove that the variety was being maintained;
sold propagating material of the variety while a protective direction was in force;
did not meet the obligations imposed by a compulsory licence.

Before revoking rights, the Commissioner will inform the holder of the intended revocation. The holder will have an opportunity to make representations in support of his/her case.

Annulment of Rights

The Commissioner may annul rights when there is sufficient evidence that:

the variety was not distinct when rights were granted;
the variety was sold prior to application in contravention to the Act or Regulations.

Before a right is annulled, the Commissioner will inform the holder of the intended annulment. The holder will have an opportunity to make representations in support of his/her case.

Assignment of Rights

Holders of rights may assign their rights to another person. The PBRO will not become involved in these agreements. However, an assignment of a plant breeders' right is not considered valid by the PBRO unless it is registered by the assignee with the PBRO within 30 days after the assignment occurred. The following particulars should be included in an assignment of rights (for example see: Assignment of Plant Breeders' Rights form):

the name and address of the previous owner of the variety,
the category and denomination of the plant variety,
the plant breeders' rights certificate number,
a letter of assignment signed by both the holder and the assignee, each in the presence of a witness, and
the effective date of the assignment.

Changes to a Denomination

A denomination may be changed after a right has been granted where any of the following conditions apply:

the denomination granted is not the one proposed by the holder owing to error; or
the Commissioner receives additional information that justifies a change to the denomination; or
an objection has been filed to a change in denomination.

Any changes to a denomination requested by the holder will require the payment of a fee.

Compulsory Licensing

A compulsory licence may be granted to anyone who can demonstrate to the Commissioner that the holder of the right of a particular variety has unreasonably refused to license them. The Commissioner may issue a compulsory licence to ensure that:

the variety is available to the public at reasonable prices;
the supply of the variety is widely distributed;
reproductive material of high quality is kept; and/or
royalty rates are kept reasonable.

The person to whom the compulsory licence is issued will be required to recompense the holder of the right. A compulsory licence is not exclusive and anyone may apply for one. Each application for a compulsory licence will be reviewed on a case by case basis.

8. Documentation

PBR Register

The PBRO maintains a register of new varieties which have been granted rights. The Register is open for public inspection.

Plant Varieties Journal

The PBRO publishes the Plant Varieties Journal containing information concerning plant breeders' rights. The Journal is distributed on a quarterly basis and is accessible through the PBR website. The Journal provides an opportunity for all interested persons to review the information concerning a variety and to object to the particulars of the published applications/ descriptions if they feel the DUS requirements or other requirements of the Act have not been met.

9. Enforcement and Infringement

It is the responsibility of the holder of the plant breeder's right to bring legal action against any person infringing on his/her rights. Court proceedings may be taken to the appropriate court in the province in which the infringement occurred.

10. Offences

Offences under the Act are outlined below:

It is an offence for any person when selling a variety to not use the registered denomination for that variety; to use another denomination for the variety, or one that has been registered for another variety or could be confused with a registered denomination; or to falsely claim that the variety is a protected variety.
It is an offence for any person to make false representation, make a false entry in the register, falsify documents, or produce any false documentation.

A person committing any of these offences is liable on summary conviction to a fine of up to $5000. A person convicted on indictment for an offence may be fined up to $15,000 and/or jailed for up to three years for offences listed in part(a) above, or for up to five years for offences listed in part(b) above. For any of the offences listed, a corporation is liable to a fine of up to $25,000 on summary conviction and to a fine at the discretion of the court on conviction on indictment.

11. International Plant Variety Protection

UPOV

The International Union for the Protection of New Varieties of Plants (UPOV) is an organization concerned with the promotion of international cooperation in the area of plant varietal protection. There are 65 member countries of UPOV, including Canada. Other members are: Albania, Argentina, Australia, Austria, Azerbaijan, Belarus, Belgium, Bolivia, Brazil, Bulgaria, Chile, China, Colombia, Croatia, Czech Republic, Denmark, Dominican Republic, Ecuador, Estonia, European Community, Finland, France, Germany, Hungary, Iceland, Ireland, Israel, Italy, Japan, Jordan, Kenya, Kyrgyzstan, Latvia, Lithuania, Mexico, Moldova, Morocco, Netherlands, New Zealand, Nicaragua, Norway, Panama, Paraguay, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Russian Federation, Singapore, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Trinidad and Tobago, Tunisia, Ukraine, the United Kingdom, the United States, Uruguay, Uzbekistan and Viet Nam (see UPOV Website for addresses and contact numbers).

Membership in UPOV enables Canadian plant breeders to protect their varieties in member States and gives Canadian producers improved access to protected foreign varieties.

Protection Outside of Canada

A grant of rights is only valid in Canada. To obtain protection in other countries, the applicant must apply separately to the appropriate authority. Applications originally filed in Canada may serve as a basis for claiming priority for an application filed in a UPOV country (see Claiming Priority).

Appendix I. Advisory Committee Members

Mr. Todd Baker
Canadian Ornamental Plant Foundation
Baker's Nursery
R.R. #2
Bayfield, Ontario, N0M 1G0
Telephone: 519-482-9995
Fax: 519-482-7533
email: todd.baker@hurontel.on.ca

Dr. Ron DePauw
Research Branch, Agriculture & Agri-Food Canada
Semi-arid Prairie Agriculture Research Centre Agriculture & Agri-Food Canada
Box 1030
Swift Current, Saskatchewan, S9H 3X2
Telephone: 306-778-7241
Fax: 306-778-3188
email: depauw@agr.gc.ca

Dr. Duane Falk
Canadian Faculties of Agriculture & Veterinary Medicine
Plant Agriculture Department
Crop Science Building
University of Guelph
Guelph, Ontario, N1G 2W1
Telephone: 519-824-4120 ext. 53579
Fax: 519-763-8933
email: dfalk@uoguelph.ca

Mr. Ken Haddrell
Canadian Horticultural Council
okanagan Plant Improvement Co. Ltd.
Box 6000
Summerland, British Columbia, V0H 1Z0
Telephone: 250-404-0088
Fax: 250-494-7472
email: ken.haddrell@okplant.com

Dr. Bryan Harvey
Agriculture Institute of Canada
University of Saskatchewan
51 Campus Drive
Saskatoon, Saskatchewan, S7N 5A8
Telephone: 306-966-5795
Fax: 306-966-5015
email: bryan.harvey@usask.ca

Dr. Andrew Jamieson
Research Branch, Agriculture & Agri-Food Canada
Atlantic Food & Horticultural Research Centre
Agriculture & Agri-Food Canada
32 Main Street
Kentville, Nova Scotia, B4N 1J5
Telephone: 902-679-5707
Fax: 902-679-2311
email: jamiesona@agr.gc.ca

Mr. Don Knoerr
Canadian Federation of Agriculture
19893 Kitsequecla Lake Road
Smithers, British Columbia, V0J 2N1
Telephone: 250-847-3407
Fax: 250-847-3763
email: n/a

Mr. John Könst
Canadian Horticultural Council
P.O. Box 1092
Outlook, Saskatchewan, S0L 2N0
Telephone: 306-867-8939
Fax: 306-867-9227
email: dutch.potato.farm@sasktel.net

Dr. William Leask
Canadian Seed Trade Association
39 Robertson Road, Suite 302
Nepean, Ontario, K2H 8R2
Telephone: 613-829-9527
Fax: 613-829-3530
email: csta@cdnseed.org

Dr. Wilf Nicholls
Canadian Horticultural Council
MUN Botanical Garden
Memorial University of Newfoundland
306 Mt. Scio Road
St. John's, Newfoundland, AIC 5S7
Telephone: 709-737-3326
Fax: 709-737-8596
email: wnicholl@mun.ca

Mr. Randy Preater
Canadian Seed Growers' Association
P.O. Box 8455, 240 Catherine Street, Suite 202
Ottawa, Ontario, K1G 3T1
Telephone: 613-236-0497
Fax: 613-563-7855
email: preaterr@seedgrowers.ca

Mr. Eric Voogt
Flowers Canada
Westcan Greenhouses Limited
2527 - 210th Street, R.R. #14
Langley, British Columbia, V2Z 2A9
Telephone: 604-530-9298
Fax: 604-530-9966
email: eric.westcangrhs@shaw.ca

Appendix II. Variety Naming Guidelines

Every candidate variety must be identified by a denomination proposed by the applicant and approved by the Commissioner. The denomination must conform to the UPOV Recommendations on Variety Denominations as well as the guidelines outlined below:

If an application for the candidate variety has been previously filed in other UPOV member countries, the denomination used in the first filing (or where rights were first granted) should be the official proposed variety denomination in Canada. This requirement ensures that the variety is known by the same denomination in all countries.
In some instances an application for protection may not have been filed nor rights granted in another country. However, if the variety is known (commercialized) by a certain denomination in other countries it must then be protected in Canada under that same denomination. This is also in keeping with the one variety, one name policy.
Where an application has been submitted for a variety protected in a foreign country, but the foreign name is not understandable/pronounceable in Canada, it is acceptable for the denomination to be respelled and proposed as such (this is particularly warranted in cases where unfamiliar alphabets are used, e.g. Arabic, Scandinavian, etc.).
If a variety is protected in a foreign country by a denomination which is not acceptable to the Commissioner of PBR, an alternate denomination may be required. An example would be if the variety denomination is considered offensive.
The denomination or any part of the denomination must not be a trademark or similar indication in Canada. In some cases (e.g. horticultural crops), varieties are marketed under trade names and/or trademarks that are not part of the official denomination. This practice is acceptable only if all propagating material of the protected variety is clearly advertised and labelled using the official denomination. The trade names and trademarks may also appear on the labels/advertising.
The use of species names, common crop names or names of botanical types should be avoided.
The denomination must not mislead or cause confusion concerning the characteristics, value or identity of the variety or the identity of its breeder. Any explicit or implicit claims incorporated as part of a variety name may only be used if they are accurate and verifiable.
A prefix or suffix on a denomination is not enough of a difference if the other part of the denomination is the same as another variety. For example, 'XX Bud' would not be allowed if there was another variety in the same class named 'Bud'.
Variety names varied only by the addition or deletion of a number or letter are acceptable providing their pedigree indicate that recurrent selections were made from the original varieties. For example, Brown's 1200A is acceptable if it is a selection from Brown's 1200. For varieties that do not fall into this category, the minimum requirements are that the denominations should differ by at least two letters.
Punctuation marks are not allowed in variety denominations except in the case of a hyphen. No spaces are allowed in denominations which are comprised of numbers or number/letter combinations.

Proposed Denomination:

A denomination must be proposed at the time of filing the application. This may be a temporary designation or an experimental number. The denomination may be changed at any time prior to the grant of rights by providing written notification to the office. If the variety is registered, or in the process of being registered under the Seeds Act, the Plant Breeders' Rights Office should be provided with written notification of any denomination changes made with the Variety Registration Office.

Approved Denomination:

A variety denomination will receive final approval by the PBR Office only after it has been published in the Plant Varieties Journal and subjected to a six month objection period. Therefore, to avoid any delays in granting rights, the final denomination should be published at the same time as the variety description in the Plant Varieties Journal. The approved denomination should be considered the final denomination as a change of denomination after the rights have been granted may only be allowed in limited circumstances.

Appendix III. Sample Requirements

Note: Quantity of seed has been determined based on the relative size and weight of seed. If the crop kind for which a PBR application is being filed is not included in the following list, either determine the quantity of seed based on a crop kind of similar seed size or contact the PBRO for further instruction.

Agricultural Crops	Quantity of Seed
Bentgrass / Redtop / Tobacco	1 gram
Black Mustard / Bluegrass / Clover - Alsike, Hop or Yellow, Large, Small or Suckling, White, Ladino / Crested Dogtail / Fescue - Chewing's, Hard, Red, Creeping Red, Sheep's / Meadow Foxtail / Orchardgrass / Reed Canarygrass / Timothy	10 grams
Canola / Oilseed Rape	40 grams
Fescue - Meadow, Tall / Ryegrass / Wheatgrass / Wildrye	50 grams
Alfalfa / Bird's-foot Trefoil / Black Medick / Bromegrass / Clover - Crimson, Red, Strawberry, Subterranean, Sweet / Crownvetch / Kidneyvetch/ Millet / Mustard - White, Indian / Tall Oatgrass	75 grams
Canarygrass / Flax / Hemp / Sorghum	125 grams
Barley / Buckwheat / Emmer / Lentil / Oat / Rye / Safflower / Sainfoin / Spelt / Sunflower / Triticale / Wheat / Vetch	250 grams
Corn / Cowpea / Lupine / Pea / Soybean	500 grams
Bean - Field, Broad, Horse, Lima, Runner, Tick or Faba / Chickpea	1000 grams

Fruit, Vegetable and Herb Crops	Quantity of Seed
Celeriac / Celery / Chicory / Water Cress / Savory / Sorrel / Thyme / Husk Tomato	5 grams
Cornsalad / Garden Cress / Parsnip / Pepper / Sage / Tomato	25 grams
Carrot / Celtuce / Dill / Endive / Lettuce / Parsley	50 grams
Artichoke / Asparagus / Broccoli / Brussel Sprouts / Cabbage / Cauliflower / Collards / Chives / Eggplant / Kale / Kohlrabi / Leek / Onion / Pak-choi / Pe-tsai / Spinach / Spinach Mustard / Turnip	75 grams
Beet / Mangel / Swiss Chard / Cantaloupe / Cucumber / Gerkin / Muskmelon / New Zealand Spinach / Okra / Radish / Rhubarb / Salsify	125 grams
Citron / Squash / Watermelon	250 grams
Pumpkin / Vegetable Marrow	500 grams

Crop Kind	Quantity of Seed
Seed Reproduced Ornamental Flowers	1000 seeds

All reference samples submitted to the PBRO must meet the following requirements:

1. At the time of submitting the sample, the applicant must sign a statement certifying that the reference sample is representative of the variety.

2. The reference samples are legal samples which may be used in the event a holder's right is challenged. The submission of a non-representative sample for a variety could result in the loss of a right.

3. All reference samples originating from outside Canada must be sent via the Canadian agent.

4. The seed sample should be untreated. It is illegal to send treated seed in the mail and seed treatments may cause problems with certain types of laboratory analysis.

5. Samples submitted should be fastened in a tamper-proof manner. The container should be one of the following types of material:

Cotton or polyjute bags (most desirable)
Manilla seed envelopes
Paper bags (double bagged)
Plastic bags (least desirable)

6. Sample bags shall contain an inner and an outer label. The labels should contain the following information:

proposed denomination;
crop kind;
name of the applicant;
signature of the applicant or agent; and,
the date the sample was drawn.

Appendix IV. Cost of Protection

The table below lists the fees and charges payable to the Plant Breeders' Rights Office for all purposes of the Act. All fees paid by cheque or money order are to be made payable to "The Receiver General for Canada". All funds must be in Canadian dollars. Contact the PBRO regarding payment by VISA and MasterCard.

Item	Service	Fees/Charges
1.	Filing an application	$250.00
2.	Examination of an application	$750.00
3.	Issuance of a Plant Breeders' Rights Certificate	$500.00
4.	Annual Fee	$300.00
5.	Protective Direction	$50.00
6.	Claim for Priority from a preceding application outside of Canada	$50.00
7.	Change of an approved denomination	$100.00
8.	Objecting to an application for Plant Breeders' Rights	$200.00
9.	Reinstatement of an abandoned application	$100.00
10.	Reinstatement of an abandoned application on petition	$200.00
11.	Application for compulsory licence	$250.00
12.	Replacement of a lost/destroyed certificate	$50.00
13.	Public inspection of the Register	$5.00
14.	Copies of documents	$0.50/page
15.	Purchase of Canadian test results by UPOV member country	$350.00

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Proactive Disclosure

Guide to Plant Breeders' Rights

April 2008

1. The Legislation