Regulations Amending the Plant Breeders’ Rights Regulations

Plant breeders and seed companies — both Canadian (49% of applicants) and international (51%) — operating in the agriculture, horticulture, and ornamental sectors are the primary businesses affected, with the seed industry alone representing over $6 billion in annual economic activity and 63,000 jobs. If you grow or breed fruits, vegetables, ornamental plants, or hybrid varieties under PBR protection, you will now have stronger legal footing: growers can no longer freely propagate your protected varieties without authorization or royalty payments, which was previously possible under the broad farmers' privilege. Breeders of potatoes, asparagus, and woody plants (roughly 800 currently protected varieties) will benefit from five additional years of protection — up to 25 years — and can expect to pay the existing annual renewal fee of $344.65 per variety for those extra years. Businesses filing PBR applications will save money by switching to the online UPOV PRISMA system, where the Canadian PBRO fee drops from ~$287 to ~$123 to offset the separate UPOV filing fee of ~$135; the government estimates 56 small businesses will benefit, saving an average of $22 per year each, with a net present value benefit of $272,939 across the sector over 10 years.