Canada's current seed regulatory framework - seed regulatory modernization
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1.0 Introduction
As part of the Government of Canada's 2018 regulatory reform agenda, the Seeds Regulations are being examined with a view to proposing potential avenues for modernization and improvement. These proposed amendments would apply to seeds and seed potatoes that are sold, imported or exported. The proposed amendments would reduce overlap and redundancy and increase responsiveness to industry changes.
This summary is based on 3 separate reports prepared by Synthesis Agri-Food Network to support the Seed Regulations modernization process:
- Seed Regulatory Modernization: Executive summary - available upon request
- Canada's Seed Regulatory Framework: A primer for Seed Regulatory Modernization - available upon request
- Looking Ahead: Trends and forces impacting the future of the seed industry - available upon request
The main purposes of seed and seed potatoes laws, standards, and policies in place today are to ensure the overall quality and reliability of seed and seed potatoes for producers and to protect from misinterpretation by strengthening the existing requirements. This is accomplished by the following:
- Define standards for seed and for labelling of seed
- Ensure accurate information about the seed is available to purchasers:
- varietal identity, varietal purity
- mechanical purity (weeds and other crops), germination, some seed borne diseases
- Facilitate seed certification by:
- variety registration
- crop certification
- seed processing in a manner that maintains the integrity of the seed, and
- seed laboratory testing
- Support seed potato certification, including:
- standards
- testing
- labelling requirements
- Create a level playing field for all parties involved in seed production
The Seed Potato Certification Programs in North America were created around 1913-1915, when Canada (New Brunswick and Prince Edward Island) and a few U.S. states established official programs. Such programs were in effect in all provinces of Canada by 1924. In the early days of certification in North America, inspectors were confronted with problems of varietal mixtures, varietal synonyms, and degeneration of seed stocks Compendium of Potato Diseases, 1981.
Some acronyms to know are:
- CFIA = Canadian Food Inspection Agency
- CPCPS = Canadian Phytosanitary Certification Program for Seeds
- CSGA = Canadian Seed Growers Association
- CVB = Conformity verification body
- RSE = Registered Seed Establishment
- SC= Seeds Canada
2.0 Current regulatory framework
Canada's seed regulatory framework works toward harmonization with other international frameworks. These foundational regulatory frameworks are:
- AASCO - Association of American Seed Control Officials
- AOSA - Association of Official Seed Analysts
- AOSCA - Association of Official Seed Certifying Agencies
- IPPC - International Plant Protection Convention
- ISTA -International Seed Testing Association
- NAPPO - North American Plant Protection Organization
- OECD - Organisation for Economic Co-operation and Development
- UNECE - United Nations Economic Commission for Europe
- WTO SPS Agreement - World Trade Organization- Agreement on the Application of Sanitary and Phytosanitary measures
The current regulatory framework for seed and seed potatoes consists of the Seeds Act, Seeds Regulations, Weed Seeds Order and other policies and standards existing outside of the Seeds Regulations in Canada.

Description for Figure 1 - Seed act to policy flowchart
Seeds Act: foundation for the seed regulatory framework in Canada, 10 pages. Last updated: 2015. Process to change: policy proposal followed by the Cabinet consideration, Parliament and Senate readings, Royal Assent by Governor General; typical takes 3-5 years. There are arrows that flow to the Seeds Regulations and Weed Seed Order boxes.
Seeds Regulations: the next level of detail, includes 5 major sections, 140 pages. Key aspects include: seed standards, variety registration, variety naming, crop kinds subject to variety registration, registration of establishments, plants with novel traits, seed grade tables and unique regulations for seed potatoes. Last updated: 2015. Process to change: policy development, consultations, regulatory impact analysis, Canada Gazette, Part I publication, review and revise, approval for Canada Gazette, Part II, Royal Assent by Governor General; typically takes 18 month to 3 years. There is an arrow that flows to policies and standards (outside of regulations).
Weed Seeds Order: sets out the list of weeds in classes (such as Prohibited Noxious Weed Seeds). 11 pages. Last updated in 2016. Process to change is similar to the Seeds Regulations.
Policies and standards (outside of regulations): various standards, policies, rules and other requirements that are not in the Regulations, for example: Circular 6 policies establish seed crop standards, set by the Canadian Seed Growers' Association.
- Procedures for registration of crop varieties
- Quality systems procedures
- Quality managements systems for registered seed establishments
- Plant protection policy directives
- Seed potato inspection procedures
- Seed Potato Tuber Quality Management Program
- Process to change: technical review or consultation with government and industry subject matter experts. Policies and standards outside of the regulations are approved within the CFIA's governance system (with the exception of Circular 6)
There are several other acts and regulations that also impact and need to work in sync with this basic seed regulatory framework such as the Plant Breeders' Rights Act, the Plant Protection Act, the Canada Grain Act and the Feeds Act.
2.1 Regulatory connections along the seed life cycle
The Seed Program extensively utilizes alternative service delivery (ASD) for the delivery of many aspects of the program. Private persons are authorized by the Canadian Food Inspection Agency (CFIA) to carry out many activities associated with import, export, domestic production and processing, seed testing, and seed crop inspection. Further, key partners aid in the delivery of services, namely the Canadian Seed Growers' Association (CSGA) which administers the standards for pedigreed seed crop production and a conformity verification body (for example, Seeds Canada) for authorized persons.
The seed life cycle regulatory connections - PDF (567 kb) are built on the following international frameworks: AASCO, AOSA, AOSCA, IPPC, ISTA, NAPPO and OECD. The current regulations, standards and policies along with the players involved are listed below for each stage in the seed life cycle regulatory connections.
Stage 1: New seed variety developed
- Current regulations, standards and policies: authorization of plants with novel traits; part V, Seeds Regulations; Plant Breeders Right Act
- Players involved: CFIA-Plant Biosafety Office; CFIA-Plant Breeders Rights' Office; trait developers; Plant Breeders; SC; CropLife Canada
Stage 2: Variety registration
- Current regulations, standards and policies: Seeds Regulations, Part III; Variety registration
- Players involved: CFIA-Variety Registration Office; Plant Breeders
Stage 3: Seed certification-breeder seed is multiplied and recognized
- Current regulations, standards and policies: Circular 6 (CSGA); Recognition of Plant Breeders and Breeder Seed
- Players involved: CSGA; Plant Breeders; seed companies; Seed Growers
Stage 4: Seed crop certification-crop inspection and crop certificate
- Current regulations, standards and policies: Circular 6 (CSGA); CSGA Standard Operating Procedures-Issuance of Certificate
- Players involved: CSGA; Seed Growers (including select growers)
Stage 5: Seed is harvested, cleaned and conditioned
- Current regulations, standards and policies: part IV, Seeds Regulations; registration of establishments; CVB registered seed establishment (RSE) standard; CVB RSE Tech Manual
- Players involved: CFIA; CVB; approved conditioners
Stage 6: Seed is sampled, tested and graded
- Current regulations, standards and policies: seed grade tables; Weed Seeds Order; Canadian Methods and Procedures
- Players involved: CFIA; CVB; accredited graders; accredited seed labs; SC;
Stage 7: Seed is certified and labelled
- Current regulations, standards and policies symbol: part I, Seeds Regulations packaging and labelling
- Players involved symbol: CFIA; CVB; approved conditioners; bulk storage facilities
Stage 8: Seed is sold to farmers, exported or imported
- Current regulations, standards and policies symbol: part I, Seeds Regulations Advertising; Seed Importation; Seed Exportation; Seed Exportation-CPCPS Program
- Players involved symbol: CFIA; CVB; SC; authorized importers; approved conditioners; bulk storage facilities; CPCPS facilities
2.2 Regulatory connections along the seed potato life cycle
The objective of the Seed Potato Certification Program is to supply Canadian growers of seed, table stock and processing potatoes with certified seed which is of high varietal integrity and is relatively free of tuber borne diseases. The legal basis behind the Seed Potato Certification Program are the Seeds Act and the Seeds Regulations Part II. The Canadian Seed Potato Certification program is a national program administered by the CFIA. Material entering the Seed Potato Certification program is produced through disease free meristem (tissue) culture and is determined to be free of potato pathogens through the use of laboratory testing. This Nuclear Stock material provides the initial inputs into a limited generation, flush through certification system. The basis behind this system is to allow material to progress through the system for a fixed number of generations thereby building seed stocks while limiting exposure to pathogens over time. There are 8 classes of seed potatoes, of which 7 require field inspection. The class assigned to a crop or lot depends on the number of generations it has been grown in the field, the disease level and the varietal purity. Seed planted in the field drops 1 class every generation/year that it is grown in the field.
The Seed Potato Tuber Quality Management Program (SPTQMP) is a voluntary program under which licensed seed potato growers conduct shipping-point tuber inspections for domestic shipments of seed potatoes. The CFIA conducts audits of farm units associated with licensed growers.
The seed potato life process and regulatory connections - PDF (540 kb) are built on the following international frameworks: IPPC, NAPPO and UNECE. The current regulations, standards and policies along with the players involved are listed below for each stage of the seed potato life process and regulatory connections.
Stage 1: New seed potato variety is developed or imported
- Current regulations, standards and policies: authorization of plants with novel traits; Seeds Regulations part V; Plant Breeders Rights' Act
- Players involved: CFIA-Plant Biosafety Office; CFIA-Plant Breeders Rights' Office; Trait developers; Plant Breeders; CFIA-Import Permit Office; importers
Stage 2: Variety registration
- Current regulations, standards and policies: Seeds Regulations Part III; Variety registration
- Players involved: CFIA-Variety Registration Office; Plant Breeders
Stage 3: Seed potato multiplication
- Seed potatoes multiplication starts with in-vitro tissue culture and protected environment production (Nuclear class). Followed with field production for Pre-Elite, Elite I to IV, Foundation and Certified; these classes require field inspection. Class assigned to a crop or lot depends on the number of generations it has been grown in the field, the disease level and the varietal purity. Flush-through system.
- Current regulations, standards and policies: Seeds Regulations Part II-Seed Potatoes; Plant Protection Act
- Players involved: CFIA; Nuclear Stock Growers; Seed Potato Growers; Tissue Culture Laboratories
Stage 4: Seed potatoes are harvested and stored
- Current regulations, standards and policies: Seeds Regulations Part II-Seed Potatoes; Plant Protection Act
- Players involved: CFIA; Seed Potato Growers
Stage 5: Seed potatoes are sampled and tested
- Current regulations, standards and policies: Seeds Regulations Part II-Seed Potatoes; Plant Protection Act
- Players involved: CFIA; Seed Potato Growers; CFIA- authorized private laboratories and CFIA- Centre of Expertise for diseases and virus testing, Charlottetown, Prince Edward Island
- This stage cycles back to the third stage-seed potatoes are planted on their own farm
Stage 6: Seed potatoes are graded, certified and labelled
- Current regulations, standards and policies: Seeds Regulations Part II-Seed Potatoes; Plant Protection Act
- Players involved: CFIA; Seed Potato Growers
Stage 7: Seed potatoes are sold to farmers and/or exported
- Current regulations, standards and policies: Seeds Regulations Part II-Seed Potatoes; Plant Protection Act; CFIA directives
- Players involved: CFIA; Seed Potato Growers, including participant to the Seed Potato Tuber Quality Management Program (SPTQMP)(domestic shipping only); exporters
3.0 Seed Industry by numbers
This section provides a general overview of the seed potato and seed industry in Canada. The following illustrates the various stages of the seed sector in Canada and the economic contribution.

Description for Figure 2 - Seed industry by numbers - Seed supply chain
The following is a breakdown of the economic contributions at the different stages during the seed supply chain stages:
- Plant breeding
- Plant breeding and trait development
- Private seed companies
- University research programs
- AAFC research programs
- Provincial government investments
- Producer investments
- $0.10 B private investment plus $0.08 B public and producer investment equal line total $0.18 B investment
- 80 plant breeders
There is an arrow that flows into the next stage seed growing. There is a plus symbol between the dollar value of this stage and the dollar value in seed growing.
- Seed growing
- Multiplication of pedigreed seed,
- Breeder, select, foundation, registered and certified classes
- $0.6 B (not include common seed)
- 3,224-pedidgree seed growers
- 1,600 forage seed growers
- 453 seed potato growers
- 1.3 million pedigreed seed acres with more than 52 different crop kinds produced
- 250 licensed seed crop inspectors(LSCI) for pedigreed seed
- 26 authorized seed crop inspection services (ASCIS)
There is an arrow that flows into the next stage seed conditioning. There is a plus symbol between the dollar value of this stage and the dollar value in seed conditioning.
- Seed conditioning
- Cleaning
- Grading
- Testing
- Labelling
- $0.5 B in cost (not including Common or farm saved seed cleaning)
- 570 approved conditioners
- 894 bulk storage facilities
- 56 accredited seed analysts
- 29 accredited seed testing labs
- 1,073 accredited graders
- 1,771 operators
There is an arrow that flows into the next stage seed distribution. There is a plus symbol between the dollar value of this step and the dollar value in seed distribution.
- Seed distribution
- Distribution and sales including shipping, warehousing, local testing, promotion and sales
- Seed exports
- Royalty collection via certified seed (back to plant breeder)
- $0.3 B in cost equal line total value created up to this stage equalling $2.6 B
- Flowing into this stage with an arrow is imports of seed
- key crops include: canola, corn, vegetables, flowers soybean and navy beans
- 65 plus symbol different crop types
- 92 authorized importers
- 95 seed companies or distributors
- Flowing out of this stage with an arrow is Exports of seed
- key crops include: peas, corn, lentil, bean, soybean, alfalfa and rye
- 50 plus of crop types
- $0.6 B value
There is an arrow that flows into the next stage retail sales to Canadian farmers. There is a plus sign between the dollar value of this stage and the dollar value in retail sales to Canadian farmers.
- Retail sales to Canadian farmers
- Seed sales to Canadian farmers (domestic and imported)
- Flowing into this stage with an arrow is common and farm saved seed
- $0.5 B value
- $2.0 B domestically produced pedigreed seed,
- $0.5 B from imported seed
- $0.5 B from common and farm saved seed
- Equal line to $3.0 B total seed
There is an arrow that flows into the final stage crop production to produce grain and/or feed. There is an equal sign to add the sum of all the previous stages to equal the dollar value in crop production to produce grain and/or feed.
- Crop production to produce grain and/or feed
- $33.8 B
The following table is a breakdown of seed potatoes grown in Canada, imported and exported per province from 2018-2019.
Province | Seed potato production 2019 (acres) | Seed potato production (5 year average) | Seed potato exports, value (CAN $) 2018/2019 | Seed potato imports 2018-2019 |
---|---|---|---|---|
Newfoundland and Labrador | 17 | 59 | 0 | No data |
Prince Edward Island | 16,946 | 16,208 | 5,197,556 | No data |
Nova Scotia | 324 | 193 | 155,912 | No data |
New Brunswick | 7,369 | 8,441 | 5,756,362 | 2,734,378 |
Quebec | 7,208 | 6,862 | 1,005,200 | 176,972 |
Ontario | 610 | 684 | 342,937 | 2,300,252 |
Manitoba | 7,972 | 6,756 | 1,303,400 | 1,874, 286 |
Saskatchewan | 3,039 | 2,933 | 2,803,377 | 404,783 |
Alberta | 13,018 | 11,513 | 19,134,518 | 1,233,830 |
British Columbia | 734 | 811 | 2,139,887 | 377,972 |
Total Canada | 57,237 | 54,460 | 37,839,149 | 9,102,473 |
4.0 Looking ahead
Looking ahead, future considerations for the Seeds Regulations should include:
- innovative technologies
- flexibility
- data and digital systems
- market access for seed
- efficient service delivery
- role of government
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