Amendments to Plant Breeders’ Rights Act In Force

This post was written prior to our January 2017 merger, under our previous firm name, MacPherson Leslie & Tyerman LLP.

The federal government introduced Bill C-18, known by its short title, the Agricultural Growth Act, in late 2013 for the purpose of, among other things, amending Canada’s Plant Breeders’ Rights Act (“PBRA”) to bring it into conformity with the 1991 Act of the International Convention for the Protection of New Varieties of Plants (UPOV ’91). The intent of Bill C-18 was to not only introduce new rights, but to amend and expand the scope of several existing rights.

Bill C-18 received Royal Assent on February 25, 2015, with its coming into force to take place on a day to be fixed by order of the Governor in Council. On February 26, 2015, an order was made fixing the day after the day on which the order was made as the day that such amendments were to come into force. This order was registered via publication in the Canada Gazette, Volume 149, No. 5, on March 11, 2015.

Accordingly, the provisions of Bill C-18 amending the PBRA are now in force.