Plant Breeders' Rights Advisory Committee

The Plant Breeders' Rights Act requires the Minister of Agriculture and Agri-Food Canada to constitute an advisory committee to assist the Commissioner of Plant Breeders' Rights in the administration of the intellectual property framework.

The advisory committee provides advice and guidance to advance legislation, regulatory, policy and process improvements that encourage greater investment and innovation in Canada's agriculture, horticulture, and ornamental sectors.

In June 2022, the Minister, through an open selection process, appointed a 15 member committee for a 3 year term.

Members

Dr. Keith Degenhardt, Western Grains Research Foundation (reappointment)
Ms. Deb Hart, Canadian Potato Council (reappointment)
Mr. Brad Rooney, Scotts Miracle-Gro Canada (reappointment)
Dr. Lauren Comin, Seeds Canada (new appointment)
Ms. Lana Culley, Aurora Cannabis (new appointment)
Dr. Michael Dossett, BC Berry Cultivar Development Inc. (new appointment)
Dr. Rob Graf, Agriculture and Agri-Food Canada (reappointment)

Dr. Robert Graf was raised on a mixed crop/livestock farm near Humboldt, Saskatchewan, Canada. After earning Bachelor of Science in Agriculture (BSA) and Ph.D. degrees from the University of Saskatchewan, he started his career as a spring wheat breeder with the Saskatchewan Wheat Pool. While there he developed three successful Canadian Western Red Spring (CWRS) wheat cultivars, the most notable being McKenzie & Prodigy. McKenzie was the first doubled haploid wheat cultivar registered in North America. He also initiated the crosses and initial selection work that resulted in CDC Imagine, the first Clearfield wheat in Canada.

In 1999, he joined Agriculture and Agri-Food Canada (AAFC) Lethbridge as a research scientist responsible for western Canadian winter wheat breeding. His areas of concentration were improved agronomics (yield, winter hardiness, height, lodging resistance, test weight), disease and pest resistance (particularly all rusts, FHB, common bunt, wheat curl mite, wheat stem sawfly), and end-use quality to meet diverse and changing customer needs.

To date, he has been the principal developer of 15 spring and winter wheat cultivars, and co-developer of another 15 cultivars of winter wheat, spring wheat and triticale. After 35 years of professional plant breeding, he retired from AAFC in fall 2022, though continues to serve on various industry committees and advisory boards.
Ms. Erin Wallich, Summerland Varieties Corp. (reappointment)

Erin Wallich is the Intellectual Property Manager for Summerland Varieties Corp. (SVC), a British Columbia -based IP company that tests and commercializes apple and sweet cherry varieties on behalf of Canadian tree fruit breeders. As the Fruit Section Chair for CIOPORA (the International Community of Breeders of Asexually Reproduced Horticultural Plants), she interacts with breeders from all over the world who share their experiences and concerns with each other and with the International Union for the Protection of New Varieties of Plants (UPOV).

Erin then brings these insights back to the Canadian PBR Advisory Committee. Erin has first-hand experience enforcing Plant Breeders' Rights in Canada and other jurisdictions as well as enforcing plant patents in the US. These actions reveal the strengths and weaknesses of plant protection systems, which is important when advocating for clear and concise PBR language that minimizes the potential for expensive legal action for Canadian plant breeders. She also works closely with research scientists at Agriculture and Agri-Food Canada's Summerland Research and Development Centre to understand the advancements in new breeding techniques and how this innovative field affects the definition and protection of new plant varieties.
Dr. Ana Badea, Agriculture and Agri-Food Canada (new appointment)

Dr. Ana Badea has been a Research Scientist, specializing in Barley Breeding and Genetics, at Agriculture and Agri-Food Canada's Brandon Research and Development Centre (AAFC-BRDC) since 2012. She is also a board member on the Prairie Grain Development Committee (PGDC) and on the Canadian Malting Barley Technical Centre (CMBTC), an Adjunct Professor with the Faculty of Agricultural and Food Sciences at the University of Manitoba and an Associate Editor for two scientific journals.
Ms. Alison Coleman, Corteva (new appointment)

Alison Coleman is a Regulatory and Stewardship Manager at Corteva Agriscience. With 15 years of experience in Canadian Agriculture, she has a broad area of expertise including biotech, crop protection, and biologicals regulations. She also has experience in product stewardship and intellectual property licensing and compliance. Alison has led the Corteva Canada Plant Breeders' Rights strategy for a decade and has built it into a broad and multi-crop program. Throughout her career she has been a strong promoter of research collaboration and has engaged with both private and public organizations across Canada to bring innovation to Canadian growers. Alison is passionate about Canadian agriculture and ensuring that Canada is a positive environment for research investment and innovation. She holds a B.Sc. in Environmental Science and an M.Sc. in Plant Agriculture from the University of Guelph.
Mr. Bryan Gerard, JoMar Seeds Inc. (new appointment)

Bryan Gerard is President and Co-Owner of JoMar Seeds, a wheat licensing company. Bryan currently sits on the American Seed Trade Association (ASTA) Executive Committee and Board and has served in leadership of many committees. He also currently represents ASTA on the Association of Official Seed Certifying Agencies (AOSCA) Variety Review Board for Cereals. Previously, Bryan served on the Board of International Seed Federation (ISF), Chair of the ISF Field Crop Sections, and 8 years on the Canadian Seed Trade Association (CSTA) Board of Directors.
Dr. Valerio Hoyos-Villegas, McGill University (new appointment)

Dr. Valerio Hoyos-Villegas obtained his Master of Science in Crop Physiology from the University of Missouri-Columbia and his PhD from Michigan State University in Plant Breeding, Genetics and Biotechnology. In 2019, he joined McGill University as Assistant Professor of Plant Breeding and Genetics where he holds a teaching and research appointment. He teaches plant breeding and genetics at the undergraduate and graduate levels. Dr. Hoyos-Villegas' area of expertise is on breeding and genetics of pulse crop species and developing phenomics tools for the improvement of complex traits in the context of digital agriculture.

Dr. Hoyos-Villegas is associate and technical editor in multiple scientific journals and serves in scientific advisory and leadership roles at the National Association of Plant Breeders (NAPB), the North American Plant Phenotyping Network (NAPPN) and the Bean Improvement Cooperative (BIC).
Ms. Lori Oatway, Oatway's Seed Farm Ltd. (new appointment)

Lori Oatway is both a Seed Grower and a Research Scientist allowing her life and career to focus on getting new crop varieties into the hands of farmers. Growing up in the strong agricultural community of Stettler, Alberta, Lori Oatway's love for agriculture developed while spending summers on the family farm at Hardisty. After enrolling at the University of Alberta, majoring in Animal Science and Nutrition, a chance summer position at the Field Crop Development Centre (FCDC) sent her in a new direction – agricultural research. Together with her husband Ward, the Oatways own and operate Oatway's Seed Farm, near Clive, Alberta.

A pedigreed seed grower since 1997, Lori was later certified as a Select Grower, allowing her access to breeder seed to develop and multiply for farmers across the prairies. As a Research Scientist at Olds College, Field Crop Development Centre in Lacombe, Alberta, Lori has a deep understanding of the plant breeding process. She leads the Quality Program that is responsible for evaluating new grain and forage varieties for quality traits. Her farming background is critical in determining what traits are required to meet current and future market demands. A constant innovator, Lori has been using and applying new technology throughout her career. A highlight includes completing her Master of Science in Agriculture in 2008, where she focused on the development of near-infrared spectroscopy (NIRS) to determine toxins in barley. The quality lab now tests thousands of samples each year using this non-destructive technique.

Lori believes collaboration is key to strengthening the plant breeders rights industry and enjoys sharing her knowledge and time with farm, science, and education communities. Lori presents at conferences, works with industry partners, and engages in the Classroom Agricultural Program when not in the field or lab. As an active member of her rural community, you can also find Lori volunteering for the Clive Agricultural Society and the Clive Community Hall board. Lori looks forward to being a part of the modernization of Canada's plant breeding legislation and using her outreach and communication skills to help this committee convey their success to a broader audience.
Dr. Jodi Souter, J4 Agri-Science/University of British Columbia (new appointment)

Dr. Jodi Souter is a plant breeder operating in Saskatchewan, Canada. Dr. Souter is co-founder of a private plant breeding company, J4 Agri-Science. J4 is passionate about its quest to innovate and advance grain farming across the Canadian prairies. Dr. Souter has been appointed as an Adjunct Professor at the Irving K. Barber School of Science at the University of British Columbia and is currently undertaking a Nuffield Scholarship examining opportunities and obstacles Canadian plant breeders face compared with the experiences of the rest of the world. Dr. Souter's passion for agriculture comes from growing up on a mixed farming operation in Northeast Saskatchewan. She is still actively involved in the grain farm side of the operation. Being both a primary producer and a plant breeder gives Dr. Souter a unique perspective on how both areas can be strengthened from cooperation and how additional plant breeding efforts are needed for future successes in grain production on the Canadian prairies.
Mr. Steve Tomtene, Tomtene Seed Farm (new appointment)

Steve Tomtene and his family operate a pedigreed seed and commercial grain farm in Birch Hills, NE Saskatchewan. Tomtene Seed Farm grows and processes pedigreed seed and IP food grade cereals and flaxseed for export. The business has been in operation for over 50 years beginning in 1967.

Our recommendations and the Minister's responses

Meetings: record of proceedings

Terms of reference

Membership

Committee membership is based on the appointment of individuals who represent sectors as per subsection 73 (2) of the Act. If appointed individuals change organizations, they shall notify the commissioner.
Membership on the committee will last 3 years. Every 3 years, a new merit-based selection process will be undertaken. The selection process will be overseen by the commissioner and a representative of the Office of the Minister of Agriculture and Agri-Food. The commissioner and the representative of the Office of the Minister of Agriculture and Agri-Food will comprise a board to conduct the selection process, and may engage the assistance of Plant Breeders' Rights Office employees and/or employees of the Ministry of Agriculture and Agri-Food.
As per subsection 73 (4) of the Act, the Canadian Food Inspection Agency, Plant Breeders' Rights Office will fund the travel, lodging, and hospitality costs of members participation at in person committee meetings.
Experts and guests are permitted to attend and participate in committee meetings, as agreed by the committee members and upon invitation by the chair.

Quorum

Two thirds of the committee members must be present for quorum, to convene a meeting.

Decision making

As much as possible, decisions would be based on consensus. For difficult decisions, a vote system would be used.

Chair

The chair will be selected by the committee and serve for a minimum 1 year term, and can be extended up to a 3 year term.
A new chair will be selected at the 1^st meeting of the committee following appointments by the Minister.
Best efforts should be made to ensure balanced representation in the chair position, of the various sectors served by the PBR Intellectual Property regime.
The commissioner may consult with the chair of the committee over the course of the year on various issues concerning plant breeders' rights.

Information distribution

A meeting record of proceedings will be created, summarizing the key discussions and decisions taken by the committee, including resolutions for advice and assistance to the commissioner as per Section 73.(3) of the Plant Breeders' Rights Act. The summarized meeting report will be made available to members and published online.

Consult Meetings: record of proceedings for all meeting summaries currently available.

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