– Plant Breeders' Rights Act, SC 1990, c 20, as last amended in 2019.
– Plant Breeders' Rights Regulations, SOR/91-594, as last amended in 2017.

– International Convention for the Protection of New Varieties of Plants (UPOV), 1978 Act since March 4, 1991, and 1991 Act since July 19, 2015.

Standards for protection: Canadians or residents of other UPOV member countries may apply for plant breeders' rights in respect of new, stable and homogeneous varieties of all species of plants.

Term of protection: twenty-five years following registration for trees and vines, twenty years following registration for all other eligible plant varieties. 

Filing requirements: the application is filed at the Plant Breeders' Rights Office (PBRO) at the Canadian Food Inspection Agency and, in addition to formal requirements, must include a proposed denomination, a description of the plant variety, a sample of viable propagating material and the statutory fee.

Sale grace period: sale within Canada allowed for one year prior to filing of application, sale outside of Canada allowed for (a) six years prior to filing of application for trees and vines; and (b) four years prior to filing of application for all other eligible plant varieties.  

Provisional protection: available; holder of rights must notify person acting without authorization in writing that an application has been filed.  

Examination: photographs and the results of comparative tests and trials may be submitted with the application and/or during examination.

Non-residents: must appoint a Canadian agent. Contact your Canadian agent for further information regarding the application procedure, exceptions to the novelty requirements and grace periods for sales within or outside Canada.