Future-proofing Canada's Seeds Regulations for a stronger tomorrow – Proposals to modernize Canada's seed regulatory framework

To facilitate future simplification of requirements, provide more agility to respond to innovation and reduce administrative burden, the CFIA will incorporate by reference several standards in a manner that allows these standards to be amended from time to time. Incorporating a document by reference allows the information contained in the incorporated document to be considered part of the regulations and enables the text of the document to be amended following consultation without a need to go through the Governing in Council regulatory amendment process. For example, standards can be reviewed by the CFIA with the help of appropriate subject matter experts to simplify and revise them within a shorter timeframe than could be achieved if the standards were written directly in the regulations. Consultation on proposed changes will be consistent with CFIA's incorporation by reference policy and the Treasury Board of Canada Secretariat's guide to incorporation by reference in federal regulations to ensure transparency and opportunity to seek feedback.

Being able to simplify and amend standards more efficiently will help regulated parties be responsive to the operational dynamics of the seed industry, allowing them to meet market demands and take advantage of innovation. The following standards will be incorporated by reference into the Seeds Regulations:

• The grade tables (Schedule I) listing the standards that must be met for different grades of seed
• The crop specific seed grading standards listed in sections 6 and 7 of the Seeds Regulations
• The seed crop specific labelling requirements such as those listed in sections 19 and 23 to 31 of the Seeds Regulations

Guidance on how to request changes to a document that is incorporated by reference will be developed and it will include the consultation and amendment process that the CFIA will follow. This guidance will be available for stakeholder comment and feedback prior to implementation.

Seed standards are critical to enable farmers to purchase quality seed, prevent misrepresentation and create a level playing field for seed producers. Although Canada's seed standards are complex, advancements in pesticides (for example, herbicides, fungicides), variety development and seed cleaning technology have improved the quality and purity of seed over time. These advancements provide an opportunity for seed standards to be more responsive to these changes.

Alignment of existing seed standards is one way to simplify and reduce their complexity, and streamline seed testing, grading and enforcement. Although further simplification can be done in the future after the standards are incorporated into a document referenced in the regulations, the following standards will be simplified at the same time the document is incorporated by reference:

• The purity standards listed in the grade tables (Schedule I) for both the No.1 and No. 2 grades will be aligned such that only the No. 1 purity standard will apply
• The germination standards listed in the grade tables (Schedule I) for seed mixtures (where one exists) will be eliminated; and seed, that is combined to make the mixture, will need to meet the individual germination standards applicable to each crop type in that mixture

Canada's variety registration system is the underlying foundation of the quality assurance system for cereals like wheat, oats and barley; canola; soybeans; flax; pulses like lentils, peas and field beans; and other field crops like alfalfa, timothy and sunflowers. The variety registration system is designed to verify that varieties of most major agricultural crops are fairly and accurately represented in the marketplace. For some crop types such as wheat, malting barley and canola, the variety registration system ensures varieties seeking registration are assessed for their agronomic and end use qualities. This contributes to maintaining and improving quality standards for grain in Canada, which provides an important competitive advantage in export markets where Canada is a higher sale cost producer. It is a government-facilitated system that is driven by recommending committees made up of crop value chain stakeholders who decide the level of requirements needed for the specific crop sector and region of Canada.

Making variety registration decisions in a timely manner is critical to getting new varieties on the market faster. The following changes will help streamline the decision-making process in variety registration:

• The CFIA will facilitate establishing a co-ordinated response on regional restrictions for Eastern Canada (encompassing the Ontario, Quebec and Atlantic recommending committees) that may be required on registrations of varieties (such as wheat and barley), which have been reviewed and recommended for variety registration by the Western Canada or Prairie recommending committees
• The CFIA may expedite variety registration decisions for crop types listed in Part 3 of Schedule III (the crop types that have the simplest registration requirements and do not need a recommendation from the recommending committees including, for example, forage type alfalfa, red clover and soybeans) when the variety has already been recognized in a foreign jurisdiction

The CFIA is committed to finding efficiencies and improving services and service standards. Delivering services and decisions in a timely manner is crucial for businesses to be successful and meet market demands. The CFIA plans to improve services and service standards through increased digitalization, streamlining processes and maximizing the benefit of additional alternative service delivery (ASD) functions. ASD is when outside parties carry out programs and services that fall under the responsibility of the CFIA. Leveraging external expertise helps to improve efficiency of the program and increases flexibility in how services are provided, leading to better service for Canadians and better use of CFIA resources. The CFIA's Seed Program already benefits from ASD, including for example seed crop inspection and auditing of accredited seed labs for seed testing. The CFIA oversees ASD service providers to ensure they meet regulatory standards and that any associated risks are properly managed. As a result of this move to additional ASD, stakeholders may see changes to fees.

The following changes will help streamline and improve services and service standards and prevent delays:

• While licensed seed crop inspector (LSCI) candidates will still be required to take an exam, the CFIA will no longer require or offer theory training for those wanting to become an LSCI. LSCI candidates can choose to self-study or take training from another entity wanting to offer this training before taking the exam
• Given the service standard of up to 8 weeks for the CFIA to conduct import conformity assessments, the CFIA will authorize/license third parties to conduct these assessments, which are necessary to confirm that minimum import requirements are met. CFIA import conformity assessments are currently required for all seed imported by someone other than an authorized importer. This new process allows seed importers that are not authorized importers to become an authorized importer or have another third party conduct these assessments. The CFIA will also continue to provide this service if no third-party provider is available
• The CFIA will digitalize the process to request import conformity assessments to confirm that minimum import requirements are met, and to receive assessment decisions electronically
• The CFIA will streamline the import conformity assessment to determine if import requirements are met for imported seed by eliminating the current requirement to meet a germination standard at the time of import
• The CFIA will no longer offer seed tags for a fee through local CFIA offices and instead these will be available through a single third-party service provider, to minimize fraud. The third-party will also be responsible for modernizing seed tag technology within an agreed upon timeframe to address this stakeholder irritant (seed tags currently require the use of pin-fed printers)
• 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

Restrictions currently exist within the regulations that prevent varietal blends, including in cereal mixtures, from being sold as certified seed, unless they are plant pest tolerance management (PPTM) blends. Pedigreed seed is assessed to meet varietal purity standards to help guarantee the traits of a known variety and historically has been sold as a single variety. However, conditions in farmers' fields are not uniform, and weather and environmental conditions are becoming less predictable in any given year (for example, drought, extreme heat, disease, insects). Having seed with similar varieties that have different traits can help ensure yields are achieved under variable conditions in a specific field or in a given year.

Given that PPTM varietal blends are already allowed in Canada and non-PPTM varietal blends of pedigreed seed are allowed to be sold as a certified mixture of seed within the OECD Seed Schemes, the following changes will increase flexibility of the regulations to allow more options for blends in the pedigreed seed market in Canada. These changes will increase marketing opportunities for Canadian businesses and increase management options for farmers while providing them with the assurances that comes with using known, traceable varieties:

• The CFIA will remove current restrictions on blending different varieties of pedigreed seed together to be sold as Certified status blends
• The CFIA will allow certified cereal seed mixtures to include different pedigreed seed varieties of the same crop type and still be sold as certified seed

Agriculture and Agri-Food Canada introduced a new engagement model in 2020, which no longer included the seed value chain round table. Currently, there are no forums for direct stakeholder input and feedback from across the value chain on the Seeds Regulations or the CFIA's Seed Program outside of formal consultation.

The following change will increase the opportunity for regular input and feedback from stakeholders across the value chain to support a more responsive and up to date regulatory and policy framework:

• The CFIA will work with stakeholders to form an external advisory committee with balanced representation from across the value chain to provide advice to the Seed Program. This advisory committee will increase communication between members of the value chain and the CFIA, providing a forum for discussion on concerns and issues, major policy changes, standards, regulatory changes and work prioritization, including for example, the order in which standards should be reviewed

The Seeds Regulations currently list the seed crop types that are subject to variety registration in Schedule III. This list also has different parts that dictate whether the crop type needs to meet merit-based criteria and needs a recommendation from an external stakeholder recommending committee for a variety to become registered. Adding or removing crop types from this list or moving crop types between the different parts of this list currently requires a regulatory amendment. The Seeds Regulations also list recognized standard methods, which are established procedures for seed testing that ensure consistency, accuracy and comparability of results. Again, changes to this list of recognized standard methods requires a regulatory amendment; this impacts progress when there are technological and scientific advances and when new standard methods need to be added.

Incorporation by reference of the following lists in a manner that allows them to be amended from time to time, will add flexibility; will increase the speed at which new varieties can be available in the market; and will accommodate future innovation. For example, the use of innovative biomolecular techniques and artificial intelligence can support varietal identification, varietal purity, and seed and seed crop testing:

• The CFIA will incorporate by reference the list of seed crop types subject to variety registration (Schedule III) allowing:
  • Crop types to be moved between parts providing stakeholders flexibility in the requirements necessary for variety registration
  • Crop types (includes end uses) to be added or removed from this list, making them subject to variety registration when added, and not subject to variety registration when removed
• The CFIA will incorporate by reference the list of recognized standard methods for seed testing currently listed in the interpretation section of the regulations

Guidance will be developed by the CFIA on how to request changes, and on the process that will be followed to demonstrate value chain consensus and rationale for proposed changes impacting variety registration. This guidance will be available for stakeholder comment and feedback prior to implementation.

Crop types that require external review and recommendation from recommending committees for variety registration need to be tested to determine if they bring value to farmers and end users (that is, merit-based). New varieties are required to be as good or better than modern-day reference varieties with respect to several tested traits. This limits the ability for older heritage and heirloom varieties and those bred for alternative cropping systems (for example, low input agriculture) to become registered and be eligible for sale in Canada.

The following changes to support variety registration of varieties for end use niche markets (for example, ancient or heirloom grains, etc.) will increase choice for farmers who support different growing systems and will allow Canadian businesses to innovate and maximize niche market opportunities:

• The CFIA will establish a regulatory pathway for heritage and heirloom varieties of crop types currently subject to merit-based testing
• The CFIA will work with recommending committees to establish appropriate testing requirements for crop types currently subject to merit-based testing and bred for alternative cropping systems

Most major crop types require variety registration to be sold in Canada. Registration of a variety can be cancelled for several reasons, including at the request of the registrant or person responsible for the variety. This prevents further sale of both pedigreed seed and common seed of cancelled varieties in Canada.

The following change will help address the frustration associated with the cancellation of varieties that farmers like, while acknowledging the right of a registrant to choose to no longer offer a product for sale:

• The CFIA will provide a pathway in the regulations for registrants wanting to transfer their registration to another entity capable of maintaining and wanting to sell the variety

Farmers make significant investments when they purchase seed and it's important the seed they buy is not subject to fraudulent or misleading claims, meets their needs, performs as anticipated, and reliably meets standards identified on the label. Currently there are no accreditation requirements for persons applying a grade name on common seed, whereas grade names can only be applied to pedigreed seed lots by an accredited grader. This leads to grading inconsistencies between pedigreed and common seed lots and the potential for common grade names to be misapplied. Another inconsistency that has been identified relates to varietal eligibility assessments. Varietal eligibility assessments are required to ensure that a variety is stable and distinguishable from other varieties and that any claims are met, before it can become certified as pedigreed seed. The Canadian Seed Growers' Association (CSGA) currently conducts varietal eligibility assessments for crop types not subject to variety registration and the CFIA conducts these assessments on crop types that are subject to variety registration. The regulations are silent on responsibilities to conduct varietal eligibility assessments for crops not subject to variety registration and having 2 different organizations conduct varietal eligibility assessments can lead to inefficiencies and inconsistencies.

The following changes will improve consistency and help ensure that the seed farmers buy reliably meets their needs, the standards and label claims:

• The CFIA will require that common seed be sold with a grade name only if it is graded by an accredited grader. Common seed will still be allowed to be sold without a grade name if test results are identified on the label. Horticultural and vegetable seed will be exempt from this requirement
• The CFIA will take over varietal eligibility assessments from the CSGA for varieties not subject to variety registration and amend the regulations to provide authority to the CFIA to conduct these assessments

Imported seed carries the risk of introducing prohibited noxious weed species that can result in significant economic losses to farmers and negatively impact the environment. Although imported seed is required to meet minimum standards and be free from prohibited noxious weed species, import conformity assessments to confirm that seed imports meet these minimum standards can take place after the seed has arrived in Canada. The importer is required to keep the seed separate from all other seed and intact in its packaging until the assessment has been completed. For importers who are not authorized importers, the CFIA sends a notice to confirm that an import conformity assessment has been completed and that minimum import standards have been met. Waiting for this notice creates opportunities for seed to be accidentally planted and/or distributed within Canada, before it is confirmed to meet standards.

In addition, for large-seeded crop types like corn and soybeans, the small lot exemption criteria currently allows up to 5 kg of seed to be imported without a seed analysis certificate. This provides an opportunity for up to 5 kg of seed to be imported at a time and planted, without a review to confirm the absence of prohibited noxious weed seeds. Finally, Canadian graders are currently permitted to clear imports for an authorized importer based on a visual purity analysis when importing large-seeded crop types (that is, the analysis is based on the Canadian accredited grader's results after the seed is imported rather than from data on a seed analysis certificate). This creates opportunities for prohibited noxious weeds to be missed by Canadian graders unfamiliar with their appearance, allowing them to enter Canada through these imports.

The following changes will significantly increase the likelihood that seed entering and being planted in Canada meets purity requirements, protecting farmers, the agro-ecosystem and the environment:

• The CFIA will require that seed imported into Canada be assessed against purity standards before border entry, noting that seed imported by an authorized importer, seed in transit through Canada, and seed exempt from the requirement for a seed analysis certificate at the time of import will continue to be exempt
• The CFIA will reduce the small lot exemption quantity from 5 kg to 500 g for large-seeded crop types, aligning small lot exemption quantities across seed types. This change will also align Canada's exemption quantities with those of the United States' "Small Lots of Seed Program", eliminating a potential loophole for foreign seed to be re-exported to the United States from Canada without meeting the United States' phytosanitary requirements that apply to seed originating from a country other than Canada
• The CFIA will no longer allow Canadian graders to conduct purity analyses by visually inspecting large-seeded crop types for the purposes of clearing seed for an authorized importer. Authorized importers will be required to determine if import requirements are met based on the results from an accredited laboratory or an acceptable laboratory using standard methods

Proposal 3.1.1

Amend the regulations to remove part 2 of the list of varieties subject to variety registration (Schedule III) or use part 2 to accommodate heritage and heirloom varieties listed in part 1 (to be determined). Move safflower from part 2 to part 3 of Schedule III.

This proposal requires a change to the Seeds Regulations.

Current state

Schedule III identifies the crop types subject to variety registration with crops divided into different parts of Schedule III based on their requirements for registration. Crop types listed in part 2 are not subject to merit-based testing, but test results need to be reviewed by a recommending committee in advance of registration. Safflower is the only crop type listed in part 2.

Future state

Part 2 of Schedule III is removed or used for another purpose such as accommodating heritage and heirloom varieties of crop types listed in part 1 (to be determined). Safflower is moved to part 3 of Schedule III. Safflower varieties continue to be exempt from merit-based testing, and variety registration applications for safflower would be reviewed by the CFIA only.

Rationale

Although part 2 of Schedule III was first envisioned to provide a middle option for the registration of varieties, it has not proved to be useful. Removing this option for variety registration simplifies the process. This benefits stakeholders by creating a more streamlined and effective registration system.

Proposal 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 (also detailed in subsection 2.1.3).

This proposal requires a change to a seed program policy.

Current state

The Ontario, Quebec and Atlantic recommending committees independently review and decide whether to restrict a western variety so that it cannot be sold in their region. It is not possible for the CFIA to register a variety nationally, until each recommending committee responds.

Future state

One consolidated Eastern response from the Ontario, Quebec and Atlantic recommending committees is received by the CFIA. The CFIA can then determine whether the registration is limited to use in the West or can be registered for use across Canada (that is, nationally).

Rationale

The intent is to develop a process with the Ontario, Quebec and Atlantic recommending committees that is more streamlined, improving registration timelines. This provides farmers quicker access to the same choice of varieties across Canada.

Proposal 3.1.3

The CFIA may expedite variety registration decisions for crop types listed in part 3 of Schedule III (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 (also detailed in subsection 2.1.3).

This proposal requires a change to a seed program policy.

Current state

Part 3 variety registration does not require Canadian merit testing data. Registrants usually submit Canadian data when registering a variety subject to part 3 variety registration. No consideration is given to whether the variety has already been registered in a foreign jurisdiction.

Future state

Registrants are able to identify if a variety subject to part 3 variety registration has been recognized in a foreign jurisdiction. The CFIA may expedite the variety registration decision for crop types subject to part 3 variety registration only.

Rationale

Consideration of decisions made by a foreign jurisdiction will reduce red-tape and may shorten the time to receive registration decisions for crop types subject to part 3 registration. New varieties may be available for sale and purchase in Canada more quickly.

Proposal 3.1.4

The CFIA no longer offers licensed seed crop inspector theory training for those wanting to become a licensed seed crop inspector (also detailed in subsection 2.1.4).

This proposal requires a change to a seed program policy.

Current state

The CFIA coordinates theory training to those wanting to become licensed seed crop inspectors (LSCIs). Based on current policy, LSCI candidates cannot write the theory exam until the theory training has been completed.

Future state

LSCI candidates can choose to self-study or take theory training offered by another entity before taking the CFIA's mandatory theory exam. Theory training is not a prerequisite to be eligible to take the CFIA exam.

Rationale

LSCI candidates benefit by no longer needing to wait for the CFIA to offer theory training sessions before taking the exam. If there is demand for LSCI theory training, a business opportunity would exist for another entity to offer it on an as needed and cost recovery basis.

Proposal 3.1.5

The purity standards listed in the grade tables (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 (also detailed in subsection 2.1.2).

This proposal requires a change to the Seeds Regulations.

Current state

The Canada No. 2 and Common No. 2 purity standards listed in the grade tables (Schedule I) are lower than the purity standards for seed graded to Canada No. 1 and Common No. 1.

Future state

Seed needs to conform to the No.1 purity standard within each grade for both pedigreed and common seed. For example, Common No.1 and Common No.2 will have the same purity standard; Canada Certified No. 1 and Canada Certified No. 2 will have the same purity standard, etc.

Rationale

This reduces the number of purity standards and simplifies the grading process, benefiting seed companies by making it easier and more efficient to sell seed. Technology such as pesticides, variety development and seed cleaning has improved the ability to clean impurities out of seed to meet higher purity standards, protecting farmers from unwanted weed seeds, disease and crop types.

Proposal 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 (also detailed in subsection 2.1.2).

This proposal requires a change to the Seeds Regulations.

Current state

Schedule I lists the standards that must be met for a particular grade of seed. Germination standards are listed for forage mixtures in Table XIII of Schedule I and for lawn or turf mixtures in Table XIV of Schedule I which applies after the crop types are mixed together.

No germination standards are listed for cereal mixtures or for ground cover mixtures (Tables III and XV respectively in Schedule I). Instead, subsection 7 (10.1) of the Seeds Regulations require that individual components of the mixture meet the minimum percent germination standard that would apply to that individual crop type.

Future state

None of the grade tables that apply to mixtures (Tables III, XIII, XIV and XV) contain germination standards, and the regulations are amended to align the germination standards for mixtures such that each individual component of a mixture must meet the minimum percentage germination standard for the individual component.

Rationale

This simplifies the process for testing a seed mixture and minimizes delays in receiving test results. It aligns the requirements for germination testing in all the grade tables applying to mixtures and expedites the process, benefiting stakeholders selling seed mixtures in Canada.

Proposal 3.1.7

Incorporate by reference the grade tables (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 (also detailed in subsection 2.1.1).

This proposal requires a change to the Seeds Regulations.

Current state

Standards for seed, including those listed in the grade tables (Schedule I), are part of the Seeds Regulations. Changes to the standards (including purity, germination and disease), updates to scientific names, or adding new crop types require a regulatory amendment through the Canada Gazette process.

Future state

The standards for seed are in a document that is incorporated by reference in the Seeds Regulations (meaning the document will exist outside of the regulations but still has the same force as the regulations) in a manner that allows it to be amended from time to time. The document is updated by the CFIA on an as needed basis following consultation with stakeholders and other interested parties. A regulatory amendment through the Canada Gazette process is no longer required.

Published guidance is available on how to request changes and on the process that will be followed to consult on proposed changes in line with the CFIA's policy and the Treasury Board of Canada Secretariat's guide on incorporation by reference.

Rationale

This increases flexibility and responsiveness to the rapidly evolving agricultural landscape and meet market demands for stakeholders throughout the value chain. It also allows for the future review and change of standards with appropriate subject matter experts for individual standards which can reduce red-tape and meet the needs of farmers and the seed industry.

Proposal 3.1.8

Expand alternative service delivery by having (a) a third party issue seed tags instead of the CFIA, and (b) have a third party review seed tag licence applications. To minimize the chance of fraud, the CFIA will have only one third party issue seed tags. Seed tags are modernized within a specified timeframe by the third party service provider (also detailed in subsection 2.1.4).

This proposal requires a change to the Seeds Regulations.

Current state

Local CFIA offices sell pedigreed seed tags to registered seed establishments (RSEs) on request. Seed tags currently use an outdated pin-fed technology for printing.

The CFIA also reviews seed tag licence applications from RSEs to print pedigreed seed tags and issues licences. The CFIA does not charge fees for review of this application or issuance of the licence.

Future state

The local CFIA offices no longer order, store or sell pedigreed seed tags. RSEs can order seed tags from a single third party that will issue them. Seed tags are modernized within a specified timeframe to eliminate the need to use a pin-fed printer when printing information on the seed tag.

The CFIA no longer reviews seed tag licence applications for an RSE to print pedigreed seed tags. A third party would review seed tag licence applications and make a recommendation to the CFIA to issue licenses. The CFIA continues to issue seed tag licences, but the decision would be based on a review of the recommendation from the third party and other information available.

Rationale

Having a single third party responsible for issuing seed tags allows for consistency across Canada and modernization of the materials and systems used to print seed tags, which benefits RSE stakeholders by addressing an irritant with the current system. It increases inspector time to do core work including compliance promotion and enforcement. A sole source service agreement is being considered to minimize the potential for fraud. Since pedigreed seed tags indicate that Canada is a member of the Association of Official Seed Certifying Agencies (AOSCA), the Canadian Seed Growers' Association (CSGA) may be best suited to issue the tags given that they are the AOSCA member representing Canada.

Having a third party be responsible for reviewing seed tag licence applications benefits applicants as it may decrease wait times for a registered seed establishment to receive a licence to print pedigreed seed tags instead of purchasing them.

The CFIA authorizes third party service providers under formal legal instruments which clearly define the terms and conditions. The CFIA also oversees third party service providers to ensure they meet regulatory standards and that any associated risks are properly managed.

Proposal 3.1.9

Incorporate by reference the crop specific labelling requirements for seed listed in sections 19 and 23 to 31 (also detailed in subsection 2.1.1).

This proposal requires a change to the Seeds Regulations.

Current state

Labelling requirements are listed inthe Seeds Regulations. Changes to labelling requirements require a regulatory amendment through the Canada Gazette process.

Future state

The labelling provisions are in a document that is incorporated by reference in the Seeds Regulations (meaning the document will exist outside of the regulations but still has the same force as the regulations) in a manner that allows it to be amended from time to time. The document is updated by the CFIA on an as needed basis following consultation with stakeholders and other interested parties. A regulatory amendment through the Canada Gazette process is no longer required.

Published guidance is available on the process that will be followed to consult on proposed changes in line with the CFIA's policy and the Treasury Board of Canada Secretariat's guide on incorporation by reference.

Rationale

It enables future review of labelling provisions with specific seed sectors to meet technological advances and the needs of consumers faster than the current regulatory amendment process.

This allows labelling requirements to be updated as needed to reflect changes to seed standards (also proposed to be incorporated by reference).

Proposal 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 (also detailed in subsection 2.1.5).

This proposal requires a change to the Seeds Regulations.

Current state

Varietal blends are mixtures of different varieties of seed from the same crop type. Only PPTM varietal blends of pedigreed seed for crop types listed in grade Tables I-II.1 and IV to VII may be sold with a Canada Certified grade name with a blue Certified status seed tag.

A varietal blend of pedigreed seed for a crop type listed in grade Tables VIII-XII may be sold with a Varietal Blend grade name (for example, Varietal Blend No. 1) but cannot be sold as certified seed with a Certified status tag.

All other non-PPTM varietal blends of pedigreed seed must be sold with a Common grade name and not with a Certified seed tag.

Future state

Non-PPTM varietal blends of pedigreed status seed for all crop types are sold with a Canada Certified grade name and labelled with the green Certified Seed Mixture status tag. The Varietal Blend grade names in Tables VIII-XII are eliminated.

Continue to allow PPTM varietal blends to be labelled with a Certified grade name with the blue Certified status tag identifying them as PPTM blends.

Rationale

Removing restrictions on non-PPTM varietal blends and allowing them to be identified as certified seed when standards are met benefits both buyers and sellers: it helps customers understand the quality and grade of the seed being purchased, and enables sellers to market varietal blends as Certified status seed.

This added flexibility also aids in the development of high-quality seed blends, helping farmers face variable weather conditions and extreme weather events due to climate change.

Proposal 3.1.11

Allow Canada Certified No. 1 and No. 2 Cereal Mixtures to include different pedigreed seed varieties of the same crop type (also detailed in subsection 2.1.5).

This proposal requires a change to the Seeds Regulations.

Current state

Cereal mixtures are mixtures of seed containing 2 or more crop types like wheat, barley, oats, rye and triticale. Cereal mixtures that meet standards for Certified No.1 and Certified No. 2 are required to contain only one variety of each crop type in the mixture (paragraph 7(1)(g) of the Seeds Regulations).

Future state

Cereal mixtures meeting the standards for Certified No. 1 and No. 2 are permitted to contain seed of different varieties of the same crop type, but must still contain seed from 2 or more crop types to be graded as a certified cereal mixture.

Varietal blends (mixtures containing only one crop type but more than 1 variety) are to be graded using the grades applicable for that crop type.

Rationale

The removal of this restriction on cereal mixtures provides added flexibility and aids in the development of high-quality cereal mixtures to help farmers face variable weather conditions and extreme weather events due to climate change. This benefits sellers to market cereal mixtures with varietal blends as Certified status seed.

Proposal 3.1.12

Amend the definition of pedigreed seed declaration to remove the reference to use a specific form supplied by the Agency.

This proposal requires a change to the Seeds Regulations.

Current state

Based on the definition of pedigreed seed declaration, registered seed establishments are required to use a form supplied by the Agency to capture specific information. In practice, information is being captured in a format that works for the registered seed establishment. This information is required to be provided to the CFIA upon request.

Future state

The regulations list the information required to be collected and stored allowing registered seed establishments to capture and store this information in a format that works best for them. This information is still required to be provided to the CFIA upon request.

Rationale

The removal of this outdated requirement to use a specific CFIA form aligns with current practice and benefits registered seed establishments by providing flexibility to record and store information in a format that works for them.

Proposal 3.1.13

Remove the requirement for the Canadian Seed Growers' Association (CSGA) to issue a new crop certificate when two or more seed lots of the same variety are mixed and meet the requirements for a Canada Foundation grade or Canada Registered grade.

This proposal requires a change to the Seeds Regulations.

Current state

A new crop certificate is issued by CSGA when Foundation grade or Registered grade seed lots of the same variety are mixed and are graded to a Canada Foundation grade or Canada Registered grade.

A new crop certificate is not required when seed lots of the same variety are mixed and graded to a Canada Certified grade. In this latter case, seed is labelled as a blend and the CFIA is informed as part of the records maintained by the registered seed establishment.

Future state

A new crop certificate does not need to be issued when seed of the same variety is mixed and graded to one of Canada's Foundation, Registered or Certified grades. Seed is labelled as a blend, and the CFIA is informed as part of the records maintained by the registered seed establishment that mixed the seed.

Rationale

Removing the requirement for a new crop certificate to be issued under these circumstances will simplify the process and reduce red-tape by speeding up the process to grade seed with a Canada Foundation or Canada Registered grade. This harmonizes with the requirements for Canada Certified grades when two or more seed lots of the same variety are mixed.

Proposal 3.1.14

Expand third party alternative service delivery by authorizing third parties to (i) assess whether seed meets minimum import requirements, and (ii) issue a notice indicating that import requirements are met (also detailed in subsection 2.1.4).

This proposal requires a change to the Seeds Regulations.

Current state

Imported seed must be kept separate from all other seed and intact in its packaging until the importer receives a notice confirming that the seed meets minimum import requirements. For importers that receive their notice from the CFIA, it can take up to 8 weeks for the CFIA to issue it. Once received, the importer is permitted to open, use and/or distribute the seed further.

Authorized importers have accredited individuals instead of the CFIA who conduct an import assessment to determine minimum import requirements are met. Authorized importers are audited as part of the authorized importer program.

Future state

Third parties are authorized to assess whether seed meets minimum import requirements and issue notices to importers. Importers have the option to request and pay for an assessment by an authorized third party or where beneficial, importers can also choose to become an authorized importer. The CFIA also continue to provide this service if no third party provider is available.

Rationale

This change provides added flexibility for importers to receive a notice earlier, reducing wait times and allowing them to distribute seed sooner to farmers for planting.

The CFIA authorizes third party service providers under formal legal instruments which clearly define the terms and conditions. The CFIA also oversees third party service providers to ensure they meet regulatory standards and that any associated risks are properly managed.

Proposal 3.1.15

Eliminate the need to meet a germination standard at the time of import. Requirement to provide the percent germination result on the seed analysis certificate still exists (also detailed in subsection 2.1.4).

This proposal requires a change to the Seeds Regulations.

Current state

Except seed imported by an authorized importer, imported seed must be accompanied by a seed analysis certificate which includes information on percent germination. Along with a review of other information, the CFIA reviews the percent germination information to see if the minimum germination percentage for import is met for that crop type before issuing a notice confirming import requirements are met.

Future state

There is no longer a minimum germination standard required for import. A seed analysis certificate containing germination data from an acceptable germination test is still required.

Authorized importers continue to be exempt from providing a seed analysis certificate at the time of import.

Imported seed that will be graded, advertised and/or sold in Canada still needs to meet a germination standard at the time of those activities.

Rationale

No longer needing to review germination data reduces the complexity and time needed for the CFIA to determine if seed meets minimum import requirements. This reduces wait times for importers to receive a notice confirming import requirements are met and allows imported seed to be used sooner.

This change also allows importers who are importing for direct planting to decide for themselves whether the germination percentage is acceptable for their operations and could allow farmers to import and try innovative foreign varieties that they feel are right for their operations.

Proposal 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.

This proposal requires a change to the Seeds Regulations.

Current state

Small-seeded crop types imported in quantities above 500 g are required to be accompanied by a seed analysis certificate that includes information on purity and percent germination. Seed lots under 500 g are exempt from needing a seed analysis certificate at the time of import.

Future state

Small-seeded crop types imported between 500 g and 5 kg no longer need to provide data on percent germination on the seed analysis certificate. Seed lots imported below 500 g continue to be exempt from needing a seed analysis certificate at the time of import.

Rationale

This reduces the burden for importers to provide data on percent germination for those importing small-seeded crop types between 500 g and 5 kg. Percent germination, however, is still required if the seed is to be graded, advertised or sold in Canada.

This reduction in data required aligns information requirements with large-seeded crop types imported between 500 g and 5 kg, resulting from another proposal (3.3.10 in section 3.3) for small lots imported into Canada.

Proposal 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 (also detailed in subsection 2.1.4).

This proposal requires a change to a seed program policy.

Current state

Authorized importers are required to provide their local CFIA office with information on imported seed lots within 30 days of import. This is usually done via e-mail.

All other importers are required to have a seed analysis certificate accompany the shipment and keep their shipment intact and unopened until they receive a notice of import conformity from the CFIA confirming that their shipment meets minimum import requirements. Depending on the time of year, it can take anywhere from 2-8 weeks for the CFIA to issue the notice (often 6-8 weeks during peak times from March through July). The CFIA's process to issue notices is not digitalized within the Agency.

Future state

Authorized importers provide required information on their imports to the CFIA through the CFIA's digital service delivery platform.

All other importers provide information and request a notice confirming import requirements are met through the CFIA's digital service delivery platform, including in advance of import. The CFIA digitally reviews and assesses information provided and digitally issues a notice to the importer confirming that minimum import requirements are met.

Rationale

Having a digital system streamlines the process for importers and the CFIA, reducing timelines to receive a notice confirming that minimum import requirements are met. Importers should be able to open, use and/or distribute seed sooner.

This simplifies the process for authorized importers to provide required information to the CFIA on seed they have imported.

Proposal 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 (also detailed in subsection 2.1.4).

This proposal requires a change to a seed program policy.

Current state

Currently the OECD certification program is largely paper based and there is no quick and easy way to share information. The CFIA is required to report annually to the OECD on the quantity of seed that has been certified by Canada under the OECD Seed Schemes. The OECD is in the process of developing a Seed Lot Traceability Hub (Seed Hub) for all countries to enter their OECD seed lot data into a centralized platform on a mandatory basis.

Future state

The CFIA and the CSGA develops options to create and maintain a digital system to communicate information with the OECD Seed Hub. Options are explored to have an alternative service delivery arrangement established for the administration of the system with the CSGA.

Rationale

The development of the OECD Seed Hub creates an opportunity to reduce workload associated with the current largely paper-based program if Canada creates a digital system to communicate with the Seed Hub.

The development of a digital system helps Canada meet future international obligations for sharing information in the OECD Seed Hub. The CSGA may be able to develop a to digital system to align with the OECD Seed Hub requirements faster than the CFIA.

As a centralized platform, the Seed Hub significantly improves the exchange and validation of information (seed lot information, variety descriptions, etc.) amongst participating countries and enables the creation of new value-added services such as digital seed tags.

Proposal 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.

This future proposal would require changes to a seed program policy.

Current state

Most pedigreed seed crop inspections are conducted by third party alternative seed crop inspection service (ASCIS) providers. Hybrid corn and hybrid canola are the only two crop types in Canada where a non-third party ASCIS is allowed to inspect their own seed crops for pedigreed seed crop certification.

Future state

This policy is reviewed with stakeholders (and updated as needed) to determine which additional crop types (other than hybrid corn and hybrid canola) that a company or seed grower can become licensed to inspect as a non-third party ASCIS for the purposes of pedigreed seed crop certification.

Rationale

This future policy exploration will be in collaboration with pedigreed seed crop stakeholders, with timelines dependent on government and stakeholder priorities.

Proposal 3.1.20

Review the standards and labelling requirements for mixtures with relevant stakeholders and other interested parties.

Following the publishing of the amended Seeds Regulations, this future proposal would require changes to a seed program policy.

Current state

Task teams were unable to review specific standards and labeling requirements that apply to seed mixtures.

Future state

Seed standards and labelling requirements for seed mixtures are reviewed with relevant stakeholders and other interested parties and are updated and modernized as needed.

Rationale

The CFIA is proposing to incorporate by reference the seed standards and labelling requirements currently found in the Seeds Regulations. This streamlines the process to make changes to standards and labelling requirements for seed mixtures in the future, on a timeline driven by government and stakeholder priorities.

Proposal 3.1.21

Explore opportunities to further streamline the paperwork process for OECD export certification by using a digital approach.

This future proposal would require changes to a seed program policy.

Current state

To meet requirements set by the Organization for Economic Co-operation and Development (OECD), exporters provide the CFIA with multiple documents throughout the export process on seed lots to receive a varietal certificate. Documents are emailed to the local CFIA office and the CFIA issues paper varietal certificates.

Future state

Options are explored and a plan is put in place to have a digital system developed to submit information and issue varietal certificates electronically.

Rationale

Development of a digital approach for OECD exports streamlines the process, improving timelines for the issuance of varietal certificates and tracking of OECD seed lots, benefiting exporters.

Proposal 3.1.22

Review audit frequencies for authorized exporter (AE) labs and AE establishments to consider performance/compliance history.

This future proposal would require changes to a seed program policy.

Current state

Risk and history are not considered when establishing audit frequencies for AE labs and AE establishments. All are audited on an annual basis by the CFIA.

Future state

Risk-based approaches are explored to determine whether audit frequencies of AE lab and AE establishments should be adjusted based on previous audit compliance. Audit frequencies will continue to meet international obligations.

Rationale

This may reduce the audit frequencies benefiting those AE labs and AE establishments that have a good compliance history, allowing the CFIA to focus resources on other parts of the seed program.

Proposal 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 (also detailed in subsection 2.2.1).

This proposal requires a change to a seed program policy.

Current state

No established avenue for the Seed Program within the CFIA to receive direct feedback or input from stakeholders across the seed value chain outside of formal engagement and consultation activities.

Future state

An advisory committee with balanced representation from across the value chain increases communication between members of the seed value chain and the CFIA. It provides a forum for discussion on concerns and issues, major policy changes, standards, regulatory changes and work prioritization, including for example, the order in which standards are reviewed.

Rationale

This increases responsiveness of the Seed Program to input from stakeholders across the seed value chain.

This advisory committee provides input to the CFIA on a wide range of seed program activities. Input received benefits stakeholders by ensuring regulators are in touch with value chain concerns and priorities.

Proposal 3.2.2

Incorporate by reference the list of crop types subject to variety registration (Schedule III) (also detailed in subsection 2.2.2).

This proposal requires a change to the Seeds Regulations.

Current state

The list of crop types subject to variety registration are identified in the Seeds Regulations. The list is divided into 3 parts identifying the requirements that must be satisfied for registration. Changes to the crop types on this list, including under which part a crop type falls, requires a regulatory amendment through the Canada Gazette process.

Future state

The information contained in the list of crop types subject to variety registration (Schedule III) are in a document that is incorporated by reference in the Seeds Regulations (meaning the document will exist outside the regulations but still has the same force as the regulations) in a manner that allows it to be amended from time to time. The document is updated by the CFIA on an as needed basis following consultation with stakeholders and other interested parties. A regulatory amendment through the Canada Gazette process is no longer required.

Published guidance is available on how to request changes and on the process that is followed to consult on proposed changes in line with the CFIA's policy and the Treasury Board of Canada Secretariat's guide on incorporation by reference.

Rationale

Variety registration is already a stakeholder driven process. Incorporating this list (Schedule III) by reference further increases flexibility and decreases timelines to amend it when there is rationale and a reasonable level of consensus on the changes wanted by stakeholders. This includes changing which part a crop type is listed under or adding or removing a crop type from variety registration.

This benefits crop type value chain stakeholders by providing full autonomy to make the case to the CFIA regarding their crop type and how variety registration can benefit their industry, including leaving variety registration if that is the best course of action.

Proposal 3.2.3

Develop a regulatory pathway for heritage and heirloom varieties to become registered (also detailed in subsection 2.2.3).

This proposal requires a change to the Seeds Regulations.

Current state

All seed from crop types listed in Schedule III (list of crop types subject to variety registration) must be registered varieties to be sold in Canada, including heritage and heirloom varieties. Heritage and heirloom varieties of crop types with the highest level of registration requirements (part 1 of Schedule III) must meet merit criteria and must show as good or better performance than modern day reference varieties. Heritage and heirloom varieties for crop types listed in part 1 of Schedule III are not able to meet these requirements for registration and cannot be sold in Canada.

Future state

Heritage and heirloom varieties of crop types with the highest level of registration requirements (part 1 of Schedule III) can become registered without needing to meet merit-based criteria. This allows seeds of these heritage and heirloom varieties to be offered for sale and sold in Canada.

Rationale

This amendment provides the flexibility necessary for heritage and heirloom varieties of crop types currently subject to merit-based testing to become registered for sale in Canada so that the industry can meet the needs of niche markets. Feedback on registration requirements is received from the recommending committees.

This change allows varieties with value for niche or organic markets to become registered and legally sold in Canada. Stakeholders are able to take advantage of these business opportunities.

Proposal 3.2.4

The CFIA works with recommending committees to develop appropriate testing conditions and performance standards for varieties that have been bred specifically for alternative crop production systems (for example, organic, low carbon, farmer-selected material, etc.) (also detailed in subsection 2.2.3).

This proposal requires a change to a seed program policy.

Current state

Varieties that are developed specifically for alternative crop production systems but are subject to the highest level of requirements of variety registration (part 1 of Schedule III) are assessed under standard conditions against reference varieties. This often limits the ability for these varieties to become registered as they fail to meet specific merit-based performance standards.

Future state

Varieties of crop types subject to variety registration that are developed specifically for alternative crop production systems are assessed under the conditions they are developed for, using appropriate assessment criteria.

Rationale

This increases market access for varieties developed for specific crop production systems including extreme environmental conditions.

This helps farmers and Canadian businesses have access to the seed they need to meet challenges associated with climate change or meet the needs of niche markets.

Proposal 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.

This proposal requires a change to a seed program policy.

Current state

For crop types with the highest level of requirements (part 1 of Schedule III) recommending committees across Canada may recommend that a variety not be registered in their region when there are disease or quality concerns associated with that variety due to unique conditions in the region. However, there isn't clear guidance on the criteria and application for regional restrictions since each recommending committee has their own operating procedures for recommending registration to the CFIA's Variety Registration Office.

Future state

Each recommending committee is required to follow the same policy when applying regional restrictions.

Rationale

Policy development increases clarity and consistency in the application of regional restrictions between the different recommending regions across Canada.

This policy helps to ensure that regional restrictions are applied only when necessary to find an appropriate balance between protecting Canada from spread of disease and ensuring market opportunities for successful varieties.

Proposal 3.2.6

Allow for the submission of biomolecular data in the future to support variety registration.

This proposal requires a change to the Seeds Regulations.

Current state

The Seeds Regulations are silent on the submission or use of biomolecular data to support variety registration.

Future state

The Seeds Regulations list biomolecular data as data that can be submitted when standard methods exist to support the registration of a variety, and the definition of variety clarifies that biomolecular characteristics can be used to distinguish varieties.

Rationale

Making it clear that biomolecular data can be used to support variety registration will allow for the future use of this information when standard methods exist. Submission of biomolecular data will not be mandatory.

This adds flexibility to Canada's variety registration system and allows the seed industry to take advantage of scientific advances.

Proposal 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 (also detailed in subsection 2.2.2).

This proposal requires a change to the Seeds Regulations.

Current state

Recognized standard methods are listed in the interpretation section of the Seeds Regulations under the definition of recognized standard method. A regulatory amendment is required to be able to recognize a new standard method for seed and/or seed crop testing.

Future state

A list of recognized standard methods is in a document that is incorporated by reference in the Seeds Regulations in a manner that allows it to be amended from time to time. The document is updated by the CFIA on an as needed basis following consultation with stakeholders and other interested parties. A regulatory amendment through the Canada Gazette process is no longer required.

Seed labs and seed analysts using recognized standard methods would continue to be subject to oversight requirements that are linked to accreditation scope for seed testing.

Rationale

This increases Canada's flexibility and nimbleness to recognize new standard methods for variety development and seed certification as the science advances and technology of seed and seed crop testing improves.

This enables Canada to align with international standards if they evolve, facilitating trade. This provides the seed industry with options, such as using innovative biomolecular techniques and artificial intelligence, to support varietal identification, varietal purity and seed testing, which streamlines the certification process. It allows farmers to purchase pedigreed seed with desired traits faster.

Proposal 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.

This proposal requires a change to the Seeds Regulations. This will also require a legislative change to the Seeds Act prior to implementation.

Current state

The Weed Seeds Order is a Ministerial Order made under the authority of the Seeds Act that regulates weed species with the aim of preventing new weed species from being introduced into Canada through seed. Amendments to the Weed Seeds Order can only occur through a Ministerial Order which has proven challenging to update on a regular, as needed basis.

Future state

In the future when the Seeds Act is amended to allow the list of weed seeds to be specified in the regulations, these provisions are brought into force. This allows the list of weed seeds to be incorporated by reference and exist outside of the regulations in a manner that allows it to be amended from time to time facilitating updates on an as needed basis. A regulatory amendment through the Canada Gazette process is no longer required.

A policy document is developed and consulted upon outlining how the CFIA amends this list, including how stakeholders can request a change.

Rationale

Adding this to the regulations now, means that the CFIA is ready to take advantage of the flexibility to update the Weed Seeds Order when the Act can be amended. This increases agility to respond to changing weed seed dynamics so that seed meets relevant standards. Having this flexibility helps keep unwanted weed seeds out of Canada.

Proposal 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).

This proposal requires a change to a seed program policy.

Current state

The Canadian M&P is a document that identifies testing procedures to analyze seed lots to determine if seed meets standards set out in the Seeds Regulations. Most of the seed testing procedures in the M&P come from the ISTA and the AOSA, however, there are some key differences between the different seed testing rules.

Future state

The Canadian M&P is reviewed and harmonized to the extent possible with the ISTA and AOSA rules, referencing them where possible.

Rationale

This increases consistency of the M&P with other recognized standard methods listed in the Seeds Regulations. Alignment with international rules supports domestic and international trade of Canadian seed.

Proposal 3.2.10

CFIA to 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.

This proposal would require clarification of a seed program policy, and publication of industry guidance on our external website.

Current state

The process to downgrade pedigreed seed meeting a Foundation or Registered standard to Certified status is outlined in the technical manual available for approved conditioners and BSFs.

Future state

The process for downgrading pedigreed seed by a BSF is clearly defined by CFIA in industry guidance available online.

Rationale

This increases consistency on the process for downgrading pedigreed seed by a BSF operator and ensures there are no unnecessary costs to downgrade seed.

Proposal 3.2.11

Expand the recognition of official foreign seed laboratories to include laboratories outside the United States (US).

This proposal requires a change to the Seeds Regulations.

Current state

Laboratories in the US can apply to become accredited by the CFIA to issue seed analysis certificates that can be used by a Canadian accredited grader to grade pedigreed seed to Canadian standards. These laboratories' testing protocols and personnel meet requirements under the Seed Testing Laboratory Accreditation Standard of the International Seed Testing Association (ISTA), the Accredited Seed Laboratory Program by the US Department of Agriculture's Agricultural Marketing Service or ISO/IEC: 17025. It has also been confirmed that these labs have adequate knowledge and oversight to administer the Canadian methods and procedures for testing seed.

Future state

Upon request and sufficient stakeholder demand, the CFIA considers forming an agreement with a foreign jurisdiction to have their oversight of an ISTA, ISO accredited seed lab or foreign lab program be considered equivalent to Canada's for the purpose of officially recognizing a foreign seed testing laboratory. Laboratories in the approved jurisdiction would then be able to issue seed analysis certificates for the purpose of grading pedigreed seed to Canadian standards.

Rationale

This allows quicker access to the Canadian market for foreign pedigreed seed. Seed testing is streamlined as it will prevent the need to retest pedigreed seed once it arrives in Canada and wait for officially recognized test results from a Canadian officially recognized lab for grading purposes.

Proposal 3.2.12

Expand the recognition of foreign grader program to include graders outside the United States (US).

This proposal requires a change to the Seeds Regulations.

Current state

An arrangement exists between the CFIA and the US Department of Agriculture's Agricultural Marketing Service to evaluate and recommend US residents to become accredited as graders by the CFIA. It is confirmed that there is adequate oversight and evaluation of these graders so that they can be permitted to assign a Canada pedigreed grade name to certified seed destined for sale in Canada.

Future state

Upon request and sufficient stakeholder demand, the CFIA considers forming an agreement with a foreign jurisdiction when CFIA is satisfied that the foreign jurisdiction has adequate evaluation and oversight of their graders. Such an agreement would allow CFIA to accredit their citizens as graders for the purposes of assigning a Canada pedigreed grade name to certified seed destined for sale in Canada.

Rationale

This allows quicker access to the Canadian market for foreign pedigreed seed. This streamlines the pedigreed seed grading process as the seed is already graded to Canadian standards in advance of arrival in Canada.

Proposal 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.

Following the publishing of the amended Seeds Regulations, this future proposal would require changes to a seed program policy.

Current state

Standards are listed in grade tables found in Schedule I of the Seeds Regulations. Individual standards for different crop types and mixtures were not reviewed as part of seed regulatory modernization.

Future state

Committees with appropriate technical and subject matter expertise review standards with an eye to simplifying if possible. Assuming Schedule I is incorporated by reference with seed regulatory modernization, the CFIA updates the standards following stakeholder consultation. Input is received from stakeholders regarding the order of priority for reviewing standards and timelines would be dependent on the CFIA workload.

Rationale

Allowing expert stakeholder committees with appropriate value chain balance to review the grade tables ensures that they remain relevant and valuable to current and future Seed Sector needs. Simplification of standards reduces time spent understanding and complying with the regulations.

Proposal 3.2.14

The CFIA and the seed sector continues to explore the use of QR codes and digital seed tags on pedigreed seed.

Following the publishing of the amended Seeds Regulations, this future proposal would require changes to a seed program policy, as well as a legislative changes to the Seeds Act prior to implementation.

Current state

QR codes are allowed on the package or a label to provide additional information on the seed lot. Pedigreed seed is required to have mandatory information printed on the official tag.

Future state

The seed sector through the advisory committee continues to explore options for digital seed tags, recognizing that an amendment to the definition of label would be required in the Seeds Act, and regulations would need to be developed.

Rationale

There is flexibility to use QR codes on a package or label for non-mandatory information. Where there is consensus to move to a digital seed tag or use of a QR code for mandatory label information, the Seeds Act and Seeds Regulations would need to be amended.

Proposal 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 (also detailed in subsection 2.3.2).

This proposal requires a change to the Seeds Regulations.

Current state

The CFIA conducts assessments to determine the eligibility of a variety for the purposes of variety registration only. The CSGA conducts assessments to determine the eligibility of a variety for crop types not subject to variety registration. This is done so that seed from these crop types can go through the certification process and be sold as certified seed. The Seeds Regulations are silent on these varietal eligibility assessments.

Future state

Regulations are amended to address varietal eligibility assessments for crop types not subject to variety registration. The responsibility to conduct these assessments is given to the CFIA.

Rationale

The assessment to determine whether a crop breeding line meets the definition of a variety is the same regardless of whether the crop type is subject to variety registration or not. Having the CFIA conduct these assessments increases their consistency across crop types, benefiting farmers who purchase certified seed to access desired traits for their farming operation.

Proposal 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 (also detailed in subsection 2.3.1).

This proposal requires a change to the Seeds Regulations.

Current state

The CFIA accepts requests from an individual who is responsible for a particular crop variety (that is, the registrant) to cancel the variety. After a waiting period to allow stocks of this variety to be used up, the variety is cancelled. Cancellation means the variety can no longer be legally sold in Canada, and farmers are no longer able to purchase it, even as common seed. Registrants may choose to voluntarily have a variety cancelled when they no longer wish to maintain and sell the variety.

Future state

Registrants can still request cancellation of a registration and a waiting period before the cancellation takes effect continues to exist. When another entity is interested and capable of maintaining the variety, a clear path for transferring the registration exists should the registrant choose to do so. This allows the variety to continue to be imported and sold in Canada, including on the common seed market.

Rationale

Making a clear path for a registrant to transfer their registration to another capable entity allows some varieties to remain on the market longer where there is demand.

This benefits farmers by allowing them to continue to have access to varieties that work for their farming operation if the registrant of the variety is amenable to transfer and an entity capable of maintaining the variety exists.

Proposal 3.3.3

Clarify that a variety's registration can be cancelled if a reference sample is no longer available.

This proposal requires a change to the Seeds Regulations.

Current state

A reference sample is required as part of registering a variety for all crop types. This reference sample is used to compare the variety, as found in the marketplace over time to confirm that the variety continues to perform and express the desired traits which define the variety.

Future state

A registrant will be required to provide additional reference samples upon request, and if the registrant can no longer supply a reference sample, the variety will be cancelled.

The CFIA will implement the same cancellation protocol that is used for cancellation at the request of the registrant which includes a 1-3 year notification period. This timeframe allows for seed stocks of the variety to be cleared from the market and allow for growers to be duly notified, well in advance in order to clear seed stocks in farmers' operations.

Rationale

Where a reference sample is no longer available, seed of that variety found in the marketplace can no longer be tested against it to confirm that the seed continues to perform and express the desired traits.

Cancelling a variety without a reference sample removes the seed from the market. This oversight protects farmers from purchasing seed of a variety that may no longer express the disease and other quality trait claims associated with the registered variety.

Proposal 3.3.4

Require records to be kept by facilities that produce common seed mixtures.

This proposal requires a change to the Seeds Regulations.

Current state

Facilities that are registered seed establishments are required to keep records; however, facilities that blend only common seed mixtures (non-pedigreed seed lots) are not subject to record keeping requirements. Mixtures, including common seed mixtures, have several labelling requirements that must be met related to the percentages of different crop types in the mixture.

Future state

Facilities that are not registered seed establishments are required to keep records to be made available upon request to confirm the percentage by weight of each crop intentionally added to the mixture.

Rationale

This increases traceability for common seed mixtures produced by facilities that are not registered seed establishments. It also enables the CFIA to verify the percentages of different crop types added to the mixture in comparison to what is declared on the label. This protects consumers and the environment and increases confidence that the label accurately reflects contents of the mixture.

Proposal 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.

This proposal requires a change to the Seeds Regulations.

Current state

A list of requirements must be met for seed to be graded with a pedigreed grade name. Seed growers are permitted to have seed graded as pedigreed seed when they condition the seed on their own premises. The intent is to allow the seed to be graded and used by the grower on their own premises and not for sale in Canada.

Future state

Pedigreed seed conditioned by a seed grower who is not an approved conditioner is not permitted to be sold in Canada as pedigreed seed. Seed growers can continue to condition their own seed on their own premises for their own pedigreed seed operations without becoming an approved conditioner.

Rationale

This increases oversight, traceability, consumer protection and consumer confidence that a pedigreed seed lot meets required standards.

This still provides flexibility for a seed grower to continue to clean their own seed on their own premises without losing pedigreed status for use on their own farm. Seed growers have the choice to become an approved conditioner if they want to condition and sell pedigreed seed to farmers and other seed growers.

Proposal 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.

This proposal requires a change to the Seeds Regulations.

Current state

Registered seed establishments are required to become approved conditioners when conditioning pedigreed seed lots (for example, cleaning, bagging, treating etc.). These facilities operate under a documented quality control and traceability system and are overseen by the conformity verification body (Seeds Canada) and the CFIA.

The regulations do not explicitly state that seed will lose its pedigreed status when conditioned by a facility that is not an approved conditioner. This can happen when seed is conditioned after moving to a bulk storage facility, when that facility is not also an approved conditioner.

Future state

Pedigreed seed loses its pedigreed status when conditioned by a facility that is not an approved conditioner.

Rationale

This addresses a gap in the regulations to help ensure that pedigreed seed is only conditioned by those approved to do so, allowing for traceability of the seed lot.

This protects farmers and consumers by increasing confidence that pedigreed seed is not contaminated during conditioning and meets the identified grade.

Proposal 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 (also detailed in subsection 2.3.2).

This proposal requires a change to the Seeds Regulations.

Current state

An individual is not required to be an accredited grader to apply the Common, Common No. 1 or Common No. 2 grade names to common (non-pedigreed) seed.

Future state

Accredited graders are required to apply the Common, Common No. 1 and Common No. 2 grade names to common seed. Where common seed is sold or advertised without a grade name, it must be labelled with the required test results from a recognized test to demonstrate that minimum standards for purity and germination have been met for common seed to be sold in Canada. Horticultural and vegetable seed will be exempt from this requirement.

Rationale

This increases consistency and helps ensure grade names are applied accurately, protecting consumers and increasing confidence that seed meets the standards of the specified grade.

It continues to allow common seed to be sold without requiring the services of an accredited grader. This aligns pedigreed seed and non-pedigreed seed grading requirements by ensuring that grade names are only applied by someone qualified to do so.

Proposal 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).

This proposal requires a change to the Seeds Regulations.

Current state

Seed corn, alfalfa, red clover and seed mixtures with alfalfa or red clover are required to have the country of origin of production identified on the label when imported for sale in Canada. If grown in the United States, the state where the seed was grown must be identified.

For all other imported seed, identifying the country of origin where the seed was grown is voluntary. Where imported seed does not identify the country of origin but has a label that shows a Canadian principal place of business, this information must be preceded by the words "imported by" or "imported for" to signal that the seed was not grown in Canada.

Future state

All imported seed is required to be labelled with the country of origin of production if it is going to be sold in Canada. Seed lots blended or mixed with imported seed are required to be labelled with the country(ies) of origin of production and the percentage of the imported seed blended or mixed in the seed lot.

If grown in the United States, the state where the seed was grown must continue to be identified for seed corn, alfalfa, red clover and seed mixtures with alfalfa and red clover.

Rationale

This increases transparency for those purchasing seed to know where the seed was grown, benefiting purchasers by allowing consumer choice. It also increases labelling consistency across crop types.

Proposal 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 (also detailed in subsection 2.3.3).

This proposal requires a change to the Seeds Regulations.

Current state

Unless seed meets specific exemption criteria, seed is allowed to enter Canada when accompanied by a seed analysis certificate. Confirmation of whether the seed meets minimum import requirements is not done until after the seed is allowed entry into Canada.

Importers are required to keep seed separate from all other seed and intact in its packaging while they wait for an assessment to be completed by the CFIA's Import Conformity Assessment Office. When seed meets minimum standards for import, it can take up to 8 weeks after import for a notice of import conformity to be issued, at which point the importer can open and plant or distribute the imported seed.

Future state

Importers submit a seed analysis certificate to the CFIA or an authorized third party for an assessment to determine if the seed meets minimum import requirements. Seed imports are accompanied by the seed analysis certificate and a document issued that certifies that the seed meets minimum import requirements. Seed can be opened and planted or distributed as soon as it is received by the importer.

Authorized importers, seed in transit through Canada, seed imported in quantities of less than 500 g and seed lots of onion or garlic sets, tree seeds, shrub seeds, ginseng seeds, aquatic plant seeds, true potato seeds and flower seeds, are exempt.

Rationale

This helps prevent low quality seed from entering Canada, including seed that may contain prohibited noxious weed species, protecting farmers and the environment.

It reduces the need to destroy or remove seed from Canada after it is found to not meet minimum standards and lowers the chance that seed not meeting minimum standards is planted and distributed in Canada contrary to the regulations.

It increases consistency with other programs that confirm import requirements are met before arrival in Canada (for example, Plant Protection phytosanitary requirements). It also gives importers the flexibility to choose who will conduct the assessment.

Proposal 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 (also detailed in subsection 2.3.3).

This proposal requires a change to the Seeds Regulations.

Current state

Large-seeded crop types (for example, wheat, soybeans, corn, etc.) imported in quantities of less than 5 kg and small-seeded crop types (for example, canola, alfalfa, timothy, etc.) imported in quantities of less than 500 g are exempt from providing a seed analysis certificate with purity and germination data at the time of import.

Large-seeded crop types imported in quantities over 5 kg and small-seeded crop types imported in quantities over 500 g are required to be accompanied by a seed analysis certificate with purity and germination data at the time of import. Seed imported above these quantities is required to be assessed and determined to meet its minimum purity and germination standards before an importer can open and plant or distribute the imported seed.

Future state

Only seed imported in quantities less than 500 g are exempt from providing a seed analysis certificate at the time of import. Seed imported between 500 g and 5 kg is required to be accompanied by a seed analysis certificate with purity data and as per the above proposal in this section , is required to be assessed to determine that it meets minimum purity standards in advance of import. Germination data will no longer be required for small-seeded crop types imported between 500 g and 5 kg. Germination data and germination standards are still required to be met before imported seed is sold in Canada.

All seed imported over 5kg continues to need a seed analysis certificate with purity and germination data at the time of import, and as per the above proposal in this section, is required to be assessed to determine that it meets minimum purity standards in advance of import.

Rationale

This aligns exemption quantities more closely with the United States' "Small Lots of Seed Program" and prevents Canada from being an avenue for smaller lots of foreign seed to enter Canada under the small lot exemption and then into the US without meeting the phytosanitary requirements that apply to seed originating from a country other than Canada.

It protects consumers and the environment from prohibited noxious weed species by requiring purity data to be provided and assessed for compliance with import requirements before import.

It also helps to address an inconsistency with the requirements to sell small quantities of seed within Canada and requirements for those selling small quantities direct to Canadians online. It simplifies and aligns exemption quantities across crop types.

Proposal 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 (also detailed in subsection 2.3.3).

This proposal requires a change to the Seeds Regulations.

Current state

Authorized importers are allowed to have Canadian accredited graders conduct a visual purity analysis on large-seeded crop types to determine if seed meets minimum import requirements. For all other imports, purity data from a seed testing laboratory, using a recognized standard method is required.

Future state

Data from a seed testing laboratory using a recognized standard method is required to determine if imported seed meets minimum import standards for purity, including for seed imported by an authorized importer.

Accredited graders continue to conduct a visual purity analysis on large-seeded crop types for the purposes of grading seed to Canadian standards offered for sale and resold in Canada.

Rationale

This minimizes the likelihood that an accredited grader unfamiliar with foreign prohibited noxious weed species misidentifies them, protecting the environment and consumers.

It aligns testing requirements for all seed imported into Canada. The CFIA continues to require Canadian accredited graders to conduct visual purity analysis on large-seeded crop types for the purposes of grading to Canadian standards offered for sale and sold after import in Canada.

Proposal 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 (for example, second generation hybrid rye could be sold as common seed when sold for ground or field cover end uses, because rye used for these end uses is not subject to variety registration).

This proposal requires a change to the Seeds Regulations.

Current state

Only the Certified hybrid seed variety is registered in Canada, not the parent seed lines used to develop the Certified hybrid. Second-generation seed harvested after growing Certified hybrid seed does not maintain the same characteristics or desired traits of the variety and is also considered unregistered. Unregistered varieties of common seed for crop types listed in Schedule III are not permitted to be sold in Canada.

Future state

Amended regulations clearly specify that second-generation seed from Certified hybrid crops cannot be sold as common seed unless the intended end use is not subject to variety registration.

Rationale

This increases consumer protection by helping to prevent the sale of seed under a variety name that appears to be registered but does not have the expected or anticipated traits and is considered unregistered.

Flexibility is being added to the regulations by incorporating by reference Schedule III, so that amendments can be made to allow certain end uses for certain crop types to be exempt from variety registration (for example, where there may be sustainability benefits, etc.). This would allow for the sale of second-generation common seed produced from Certified hybrids for those end uses, where applicable.

Proposal 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).

This proposal requires a change to the Seeds Regulations.

Current state

In situations where the information is not found on the label (for example, when only a grade name appears), a vendor has 30 days to provide information on germination and purity testing when a purchaser requests the information within 1 year of the date of purchase of the seed.

Future state

A vendor is required to provide purity and germination information to the purchaser within 5 business days of receiving the request, when requested within 1 year from the date of purchase of the seed, and when that information does not appear on the label.

Rationale

This amendment reflects modern-day realities and accounts for increased ability to be responsive in a digital age.

Making this information available sooner will protect consumers by providing timely and accurate data, enabling the purchaser to identify weed seeds of concern to their operation, or determine seeding rates prior to seeding, based on germination results.

The information will be able to be provided in a format that benefits the vendor and purchaser to reflect modern forms of communication.

Proposal 3.3.14

Clarify the definition of "research" in program policy.

This proposal requires a change to a seed program policy.

Current state

Exemptions exist in the regulations for seed imported into Canada for the purpose of research, however, there is no clear definition of what qualifies as research in the context of seed.

Future state

A definition is provided in guidance documents to clarify what falls under the research exemption in the regulations.

Rationale

This will provide clarity on what does or does not meet the exemption and improves regulatory consistency. This benefits importers so that they clearly understand when their seed meets the definition of research.

Proposal 3.3.15

Require that accurate and truthful information be used when advertising seed for sale.

This proposal requires a change to the Seeds Regulations.

Current state

Current regulations restrict the use of false and misleading information on a label but there are no similar provisions when advertising seed for sale.

Future state

The regulations restrict the use of false and misleading information when advertising seed for sale.

Rationale

This protects farmers and consumers against false and misleading information (for example, claims on traits, quality, etc.) in advertisements for seed.

Proposal 3.3.16

Review the purity standards for seed mixtures.

Following the publishing of the amended Seeds Regulations, this future proposal would require changes to a seed program policy.

Current state

Purity standards for seed mixtures can be lower than the purity standards for single species.

Future state

Purity standards for seed mixtures are reviewed with an eye to improving purity where reasonable.

Rationale

Improving purity standards for mixtures helps protect consumers and the environment by reducing the spread of weed seeds.

A review of the purity standards for mixtures can take place after the grade tables (current Schedule I) is incorporated by reference. Consultation on any proposed changes would follow the CFIA's policy on making changes to a document that is incorporated by reference. This benefits farmers by allowing standards to be adjusted quicker than is possible with a regulatory amendment.