In early December, the Government of Canada introduced a bill intended to stimulate investment and innovation in the agriculture sector. The Agricultural Growth Act, once passed, will give Canadian farmers sharper tools to compete in world markets. It will also increase their access to new crop varieties, enhance trade opportunities and reduce red tape.

Included in the bill are changes to the Plant Breeders Rights Act to conform to the 1991 Convention of the International Union for the Protection of New Varieties of Plant (commonly known by its French acronym UPOV). UPOV established the first Convention in 1961 (UPOV 61). Since then, there have been three revisions. Canada's present Plant Breeders' Rights Act is based on the 1978 UPOV Convention (UPOV 78).

UPOV 91 contains new elements that provide stronger protection for plant breeders than any previous convention. The changes to the Plant Breeders Rights Act are based on those elements.
 
An effective plant breeders' rights system should create an environment that encourages and supports the development of new plant varieties. Amending the Act could encourage increased investment in plant breeding. This potentially gives Canadian farmers more access to new and innovative plant varieties. In a global marketplace, such access would allow them to be more competitive.

The proposed amendments would not change what Canadian farmers are legally permitted to do with protected plant varieties. If farmers legitimately obtain varieties of protected seed, their liability won’t increase. In other words, if a farmer buys protected seed from someone the breeder has authorized to sell it, the breeder will not be able to exercise his/her rights on the grain.

The UPOV 91amendments would make it possible for Canada to explicitly lay out in the Plant Breeders' Rights Act that farmers would be allowed to save seed produced from a protected plant variety, and use it for replanting on their own farms. This is known as the "farmers' privilege" and is currently contained in the Act.

Under Canada's current Plant Breeders' Rights Act, a farmer is restricted from buying or selling either pedigreed or common seed, or any other type of propagating material of a protected variety, without the breeder’s permission. This would not change under the amended Act.

Before our government introduced this bill, consultations took place with plant breeders, farmers, horticulturalists, seed dealers and other interested citizens. Their feedback confirmed that Canadian stakeholders generally support the proposed changes. In addition, many other groups directly involved with the industry have asked the government to implement the UPOV 91 Convention. These include:

• Pulse Canada
• Canadian AgriFood Trade Alliance
• Canadian Federation of Agriculture
• Grain Growers of Canada
• Canadian Seed Trade Association
• Prairie Oat Growers Association
• Western Canadian Wheat Growers
• Canadian Canola Growers Association
• Canadian Seed Growers Association

You can read the Act yourself by searching the Agricultural Growth Act, Bill C-18, at www.parl.gc.ca.

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The audio version of Garry's March 10, 2014 op-ed column can be heard by clicking here