Amendments to Plant Breeders’ Rights Act Receive Royal Assent

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, and will come into force on a day to be fixed by order of the Governor in Council. On February 26, 2015, Federal Agriculture Minister Gerry Ritz tabled before Parliament the UPOV ’91 treaty for ratification. Ratification of UPOV ’91 by the Government of Canada will formally implement Bill C-18.

We will provide an update when additional information concerning the coming into force of Bill C-18 becomes available.