What we heard report: Summer 2025 consultation on future-proofing Canada's Seeds Regulations for a stronger tomorrow – Proposals to modernize Canada's seed regulatory framework

• 3.1.2 – The CFIA will facilitate establishing a co-ordinated response on regional restrictions for Eastern Canada (encompassing the Ontario, Quebec and Atlantic recommending committees) when deciding on whether to restrict registration of a western variety (163 responses)
• 3.1.4 – The CFIA will no longer offer licensed seed crop inspector theory training for those wanting to become a licensed seed crop inspector (292 responses)
• 3.1.5 – The purity standards listed in the grade tables (that is, Schedule I) for both the No. 1 and No. 2 grades will be aligned such that the No. 1 standards for purity will apply
  Standards for germination remain as is (160 responses)
• 3.1.6 – Remove the germination standards where one exists for seed mixtures (that is, forage mixtures and lawn and turf mixtures) from the grade tables and meet the individual germination standards applicable to each crop type in the mixture (145 responses)
• 3.1.7 – Incorporate by reference the grade tables (that is, Schedule I) listing the standards that must be met for a particular grade of seed and the crop specific seed grading standards listed in sections 6 and 7 of the Seeds Regulations (171 responses)
• 3.1.8 – Expand alternative service delivery by having a third party issue seed tags instead of the CFIA and have a third party review seed tag licence applications
  To minimize the chance of fraud, the CFIA will have only 1 third party issue seed tags. Seed tags are modernized within a specified timeframe by the third party service provider (170 responses)
• 3.1.9 – Incorporate by reference the crop specific labelling requirements for seed listed in sections 19 and 23 to 31 (169 responses)
• 3.1.10 – Eliminate varietal blend restrictions on non-plant pest tolerance management (PPTM) varietal blends so that they can be sold as certified seed (146 responses)
• 3.1.11 – Allow Canada Certified No.1 and No.2 cereal mixtures to include different pedigreed seed varieties of the same crop type to be sold as certified seed (144 responses)
• 3.1.14 – Expand third party alternative service delivery by authorizing third parties to assess whether seed meets minimum import requirements, and issue a notice indicating that import requirements are met (148 responses)
• 3.1.15 – Eliminate the need to meet a germination standard at the time of import
  The requirement to provide the percent germination result on the seed analysis certificate still exists (145 responses)
• 3.1.16 – Eliminate the requirement to provide germination data at the time of import on seed lots of small-seeded crop types imported between 500 g and 5 kg (146 responses)
• 3.1.17 – Update the CFIA's Digital Service Delivery Platform to allow for importers to apply for a notice of import conformity confirming import requirements are met or, in the case of an authorized importer, provide required information on imported seed (146 responses)
• 3.1.18 – The CFIA will explore with the Canadian Seed Growers' Association digitalization and administration of the Organization for Economic Cooperation and Development (OECD) seed export certification system for Canada and ensure functionality with the new OECD electronic database that is under development (150 responses)
• 3.1.20 – Review the standards and labelling requirements for mixtures with relevant stakeholders and other interested parties (7 responses)
• 3.1.21 – Explore opportunities to further streamline the paperwork process for OECD export certification by using a digital approach (146 responses)
• 3.1.22 – Review audit frequencies for authorized exporter (AE) Labs and AE Establishments to consider performance/compliance history (9 responses)

Common themes

Variety registration

• Increasing communication among the Eastern recommending committees will help streamline the process for national variety registration of Western varieties, which will benefit farmers
• The CFIA should work with the Western recommending committee(s) prior to restricting registration of an eastern variety

Seed grading

• Aligning the purity standards for No.1 and No.2 grades will help streamline the grading process
• There may be negative impacts if all crop types align the purity requirements for No.1 and No. 2
• Consider using the No. 2 grade name when the purity for No.1 has been met and the germination rate is declared on the label instead of having a germination standard for No. 2 seed
• A single crop type in a mixture may not meet germination standards unless there is a final germination standard on the entire seed mixture

Incorporation by reference

• Engage producer groups and farmers in a timely and transparent way when changing an incorporation by reference document
• Give enough time to implement changes to an incorporated by reference document

Alternative service delivery

• As Canada's representative on the Association of Official Seed Certifying Agency, the Canadian Seed Growers' Association should be considered as an alternative service delivery provider option for the issuance and modernization of official seed tags
• Costs may rise and reduce confidence in pedigreed seed certification if seed tags are issued by a single alternative service delivery provider
• A new alternative service delivery option to allow accredited seed labs to assess seed import conformity will help accelerate import clearance

Imports

• Remove the requirement to provide germination data as this standard will no longer need to be met at the time of import
• Import conformity assessment results should be entered into a database to track and streamline seed imports

Digitalization

• Digitalization processes should be adequately funded to ensure long-term reliability
• It should be determined if the CFIA or the Canadian Seed Growers' Association would be best positioned to host the digital system for OECD exports
• Digital tools that do not require regulatory changes should be implemented and expedited

Our response

Some respondents had concerns that the new alternative service delivery provider could assume liability risks in specific situations including when inaccurate information is provided for import assessment. The CFIA would like to clarify that the Canadian importer of record will be responsible for the imported seed.

• 3.1.1 – Amend the regulations to remove Part 2 of the list of varieties subject to variety registration (that is, Schedule III) or use Part 2 to accommodate heritage and heirloom varieties listed in Part 1 (TBD)
  Move safflower from Part 2 to Part 3 of Schedule III (298 responses)
• 3.1.3 – The CFIA may expedite variety registration decisions for crop types listed in Part 3 of Schedule III (that is, the crop types that have the simplest registration requirements and do not need a recommendation from the recommending committees) when the variety has already been recognized in a foreign jurisdiction (308 responses)
• 3.1.13 – Remove the requirement for the Canadian Seed Growers' Association to issue a new crop certificate when 2 or more seed lots of the same variety are mixed and meet the requirements for a Canada Foundation grade or Canada Registered grade (148 responses)

Common themes

Variety registration

• Remove Part 2 of Schedule III and move safflower to Part 3 of Schedule III
• Explore a more agile process for heritage and heirloom varieties instead of using Part 2
• Foreign varieties should be accepted if they meet Canadian registration requirements

Pedigreed seed crop certificates

• If Certified seed can be blended without issuing a new crop certificate, the same should apply to Foundation and Registered seed
• The Canadian Seed Growers' Association will continue to require crop certificates for Foundation and Registered seed crop certificate in Circular 6 if this requirement is removed from the Seeds Regulations

Our response

Several responses related to expediting registration of varieties approved in foreign jurisdictions noted that safeguards are needed to ensure market acceptance of a new variety in Canada. The CFIA would like to clarify that consideration of market acceptance is not part of the variety registration process for any crop type.

• 3.1.12 – Amend the definition of pedigreed seed declaration to remove the reference to use a specific form supplied by the agency (303 responses)
• 3.1.19 – Explore expanding the CFIA's policy on alternative seed crop inspection services to enable additional companies and seed growers to inspect their own pedigreed seed crops where appropriate and oversight exists (318 responses)

Common themes

Pedigreed seed declaration

• Remove the form reference and clearly define what information should be retained instead of using the pedigreed seed declaration form to maintain traceability
• Require electronic submission of the pedigreed seed declaration dataset to the CFIA or have this information submitted in another standardized way
• A centralized and accessible dataset on certified seed production, which includes total quantities of Certified seed available, would help avoid silos and reporting gaps, benefiting the whole sector, including seed growers, distributors and government
• A digital end-to-end system could increase costs of Certified seed without adding value since registered seed establishments have a quality system that meets oversight requirements

Seed crop inspection

• Expanding non-third party crop inspection could be addressed outside of the regulatory process and implemented before regulatory change
• Expanding non-third party crop inspection to allow self-inspections is a conflict of interest
• Stakeholders proposing the transition to non-third party inspections should understand the checks and balances that protect the integrity of the Canadian seed certification system, which is respected globally and by the Canadian farmers who buy the seed

Our response

Several responses indicated that the CFIA should continue to collect the information on the pedigreed seed declaration. We would like to clarify that this information is not collected by the CFIA but maintained by registered seed establishments as part of their approved quality management system. This information is available to the CFIA upon request and part of the conformity verification body's (Seeds Canada) oversight activities.

• 3.2.3 – Develop a regulatory pathway for heritage and heirloom varieties to become registered (315 responses)
• 3.2.4 – The CFIA works with Recommending Committees to develop appropriate testing conditions and performance standards for varieties that are meant to be grown under specific production systems (for example, organic, low carbon, farmer-selected material, etc.) (304 responses)
• 3.2.5 – The CFIA works with Recommending Committees to develop criteria and a standard process to enable regional restrictions on variety registrations to be applied consistently across Recommending Committees (146 responses)
• 3.2.6 – Allow for the submission of biomolecular data in the future to support variety registration (151 responses)
• 3.2.9 – The Canadian Methods and Procedures for Testing Seed (M&P) is reviewed and harmonized, where appropriate, with rules established by the International Seed Testing Association (ISTA) or the Association of Official Seed Analysts (AOSA) (143 responses)
• 3.2.10 – The CFIA will provide industry guidance to clarify the process for a Bulk Storage Facility (BSF) to downgrade pedigreed seed meeting a Foundation or Registered standard to a Certified standard (146 responses)
• 3.2.13 – Following incorporation by reference of the grade tables (Schedule I), the standards are reviewed with those having appropriate subject matter expertise and simplified where possible (7 responses)
• 3.2.14 – The CFIA and the seed sector continues to explore the use of Quick Response (QR) codes and digital seed tags on pedigreed seed (146 responses)

Common themes

Variety registration, including heritage and heirloom varieties

• Create an accessible, low-cost variety registration process for heritage and heirloom varieties that maintains important quality standards like disease testing
• There are disease risks and potential regulatory loopholes if merit testing is relaxed without having other safeguards in place for heritage and heirloom varieties
• Holding traditional varieties to higher requirements than heritage, heirloom and alternatively bred varieties may raise concerns about fairness and equity
• If biomolecular data is used for variety registration, there must be protection of intellectual property

Downgrading pedigreed seed

• If Foundation and Registered grade standards are higher, it should be easy to downgrade to a Certified grade at a bulk storage facility without needing a seed grader

Digital tools, including QR codes

• Everyone may not have reliable access to digital tools
• There are security concerns with QR codes, for example hacking of the link that leads to fake websites
• Digital seed tags help improve traceability and provide farmer access to key information

• 3.2.1 – The CFIA establishes an external seed advisory committee with balanced representation from across the value chain to provide advice to the Seed Program (327 responses)
• 3.2.2 – Incorporate by reference the list of crop types subject to variety registration (that is, Schedule III) (330 responses)
• 3.2.7 – Incorporate by reference the list of recognized standard methods so that future standards can be recognized as technology improves and science advances (318 responses)

Common themes

Advisory committee

• Support formation of an advisory-only body with balanced representation from across the value chain, including farmers, to ensure seed standards and requirements reflect farming realities
• Concerns raised that an advisory committee could be dominated by lobby groups, which may lead to biased recommendations that overlook farmers' practical needs
• An advisory committee should not duplicate existing work (for example, work done by recommending committees) or set standards and crop-specific recommendations should involve relevant commodity stakeholders to ensure appropriate expertise and representation

Incorporation by reference

• The CFIA should have authority over documents incorporated by reference, with a transparent and well-defined process for changes, stakeholder consultation and reasonable lead times for stakeholders to implement changes allowing continuous improvement to quickly align with evolving market and crop specific needs
• Concerns that removing a crop type from variety registration could unintentionally affect agronomic, disease and end-use quality standards, with downstream impacts on both domestic and international seed and grain markets
• Changes to the list of recognized standard methods in the Seeds Regulations should go through the formal Gazette process to ensure transparency
• To develop transparent recognized testing methods for varietal identification and purity while offering flexibility as well as keeping pace with scientific technology advances, the CFIA should work with international certification authorities, plant breeders, other certifying agencies, and the Canadian Grain Commission

• 3.2.8 – Provisions are drafted to incorporate by reference the list of weeds currently found in the Weed Seeds Order
  These provisions would have a delayed coming into force to coincide with amendments to the Seeds Act (321 responses)
• 3.2.11 – Expand the recognition of official foreign seed laboratories to include laboratories outside the United States (U.S.) (9 responses)
• 3.2.12 – Expand the recognition of foreign grader program to include graders outside the United States (U.S.) (291 responses)

Common themes

Incorporation by reference

• The Seeds Act should not be opened at this time to incorporate by reference the Weed Seeds Order
• The Weed Seeds Order should continue to be a Ministerial Order if there is a regular review process
• Incorporation by reference documents including the Weed Seeds Order should be reviewed on a regular cycle to ensure they stay accurate and relevant

Expanding foreign seed lab and grader programs

• Allow imported seed to be labelled with internationally accredited lab results from ISTA or AOSA instead of recognizing foreign graders
• Expanding the foreign grader program would add complexity and require significant compliance oversight and resources

Our response

Given the number of responses suggesting that the Weed Seeds Order should remain a Ministerial Order because it can be updated in a timely manner with a regular review process, the CFIA would like to clarify that the previous update required a full regulatory review process lasting from October 2009 to November 1, 2016.

• 3.3.1 – The CFIA will take over from the Canadian Seed Growers' Association (CSGA) assessments to determine varietal eligibility (that is, whether a specific crop breeding line meets the definition of a variety) and amend the regulations to provide authority to the CFIA for these assessments (166 responses)
• 3.3.5 – Clarify that pedigreed seed conditioned by the seed grower on their own premises cannot be sold in Canada as pedigreed seed to a farmer or another seed grower, but can be used by the seed grower for pedigreed seed production (143 responses)
• 3.3.6 – Clarify that seed loses its pedigreed status when conditioned (for example, cleaned, bagged, treated, etc.) by a facility that is not an approved conditioner (147 responses)
• 3.3.7 – Common seed must be graded by an accredited grader to be sold or advertised with a Common grade name
  Otherwise, it can be sold and advertised without a Common grade name if it meets minimum standards for common seed and the germination and purity data is provided on the label (148 responses)
• 3.3.10 – Reduce the small lot exemption from 5 kg to 500 g for large-seeded crop types. Only require purity analysis for seed imported between 500 g and 5 kg, no matter the size (156 responses)
• 3.3.11 – No longer allow Canadian graders to conduct purity analyses on large-seeded crop types for the purpose of clearing seed under the authorized importer program (145 responses)
• 3.3.12 – Clarify that seed harvested after growing Certified hybrid seed is not considered the same variety that has been registered, and as such cannot be sold as common seed
  The only exception would be for seed that is not subject to variety registration based on the intended use (8 responses)
• 3.3.14 – Clarify the definition of "research" in program policy (148 responses)
• 3.3.15 – Require that accurate and truthful information be used when advertising seed for sale (145 responses)
• 3.3.16 – Review the purity standards for seed mixtures (8 responses)

Common themes

Varietal eligibility assessments

• The CFIA has scientific expertise, lab support and oversees the seed certification system in Canada and running 2 separate variety recognition processes may cause inconsistencies
• The CFIA taking on the varietal eligibility assessment will slow down approvals and delay access to new varieties

Common seed grading

• Restricting the use of Common grade names by requiring an accredited grader could increase costs and reduce choices for producers
• It should be sufficient for the required information to accompany the seed if a Common grade name is not applied

Imports

• Keep the 5 kg imported seed lot exemption for large-seed crop types, as reducing this could:
  • impact some stakeholder operations
  • limit access and availability of seed for research
  • increase costs
• Further exemptions should be considered for seed used in research, breeding and agronomic trials, when imported seed lots are larger than 5 kg
• Purity analysis of imported seed lots should be conducted by fully trained and competent seed analysts, rather than accredited Canadian graders
• Removing the option for authorized importers to conduct large-seeded crop kind purity analysis to clear seed imported into Canada increases burden

Research definition

• The CFIA should work with sector stakeholders to understand the types and extent of research in the sector before finalizing the research definition in program policy

Our response

Some respondents asked the CFIA to confirm that samples of seed for testing by an accredited seed testing lab are not considered seed as defined by the Seeds Act, as they are not "represented, sold or used to grow a plant." We would like to clarify that this information is available in the ABCs of seed importation into Canada.

Some respondents also expressed concern about removing the ability for a Canadian accredited grader to conduct a purity analysis on large-seeded crop types to clear imported seed lots for an authorized importer. They noted this is inconsistent with foreign graders doing this to grade seed under the United States (U.S.) resident accredited grader program. We would like to clarify that these U.S. resident graders are seed analysts and imported seed lots graded under this program still require an import conformity decision made by a seed import conformity assessor or the CFIA.

• 3.3.2 – Provide a pathway for registrants to transfer their registration to another capable entity when they no longer wish to maintain and sell the variety (302 responses)
• 3.3.3 – Clarify that a variety's registration can be cancelled if a reference sample is no longer available (305 responses)
• 3.3.4 – Require records to be kept by facilities that produce common seed mixtures (144 responses)
• 3.3.8 – All seed lots, including mixtures, that are imported for sale in Canada must be labelled to indicate the country of origin of production (where the seed was grown) (308 responses)
• 3.3.9 – Seed imported into Canada must be assessed to determine that it meets minimum purity standards in advance of import
  Seed imported by an authorized importer, seed in transit through Canada and seed exempt from needing to provide a seed analysis certificate at the time of import are exempt (148 responses)
• 3.3.13 – Reduce the timeframe for a vendor to provide information on purity and germination when requested by the purchaser from 30 to 5 days (pursuant to section 18 of the Seeds Regulations) (145 responses)

Common themes

Variety cancellation

• It should not be mandatory for a registrant who wants to cancel their variety's registration to transfer the registration to another capable entity who identifies interest in taking over the variety's registration
• Registrants should not be allowed to cancel a variety without cause
• If a registrant is no longer able or willing to sell a variety, there should be a way to automatically transfer the registration to Agriculture and Agri-Food Canada so the variety can continue to be available to farmers
• Do not cancel a variety if a reference sample is no longer available and consider suspension to avoid unintended market and grading impacts for grain that would impact farmers

Common seed records

• In addition to common seed mixtures, all common seed vendors should be required to keep records that support seed quality and labelling

Country of origin labelling

• Country of origin is most valuable at the time of import, labelling requirements should not be mandatory as Canada relies on global seed sourcing due to climate and production limits, it complicates logistics without improving quality with limited buyer benefit and increased costs
• Farmers have a right to know seed country of origin and increased transparency will help them make informed decisions about what seed is best for their farms

Imports

• Requiring a purity assessment before seed is imported (with the Authorized Importer program preserved) reduces the risk of non-compliant imported seed lots and supports a risk-based approach that protects farmers and Canadian ecosystems
• Conducting purity after seed is imported into Canada currently allows for the recovery of the tested seed, minimizing waste and preserving unique breeding material

Information availability

• Reducing the timeframe from 30 days to 5 days to provide purity and germination information upon request from the purchaser may not be enough time during seeding if a registered seed establishment is waiting for germination test results on treated seed
• With advances like QR code technology, purity and quality information should be available on the same day a grade is applied to a seed lot

Our response

Some respondents expressed concern that reducing the timeframe from 30 days to 5 days to provide purity and germination information upon request from the purchaser would not provide adequate time when a registered seed establishment is waiting for germination test results on treated seed. The CFIA would like to clarify that the intent of this proposal is to provide the requested information within 5 business days for seed that has been graded. This information is required to grade a seed lot and should be available to share with the buyer when a grade name is present.