Regulation of cannabis seed
As of October 17, 2018, the cultivation of cannabis seed is permitted in accordance with the requirements of the Cannabis Act and Regulations.
CFIA’s role in the regulation of cannabis seed
The CFIA regulates the import, export, certification and grading of cannabis seed under the following acts and regulations:
The CFIA’s Seeds Act and Regulations and Plant Protection Act and Regulations regulate cannabis seed in the following ways:
- delivery of the pedigreed seed crop inspection system
- labelling requirements of the Seeds Act and Regulations will apply to seed of cannabis
- D-96-03 Plant Protection Import Requirements for Cannabis sativa outlines the import requirements for plants and seeds
- The Seeds Act and Regulations will regulate the import of cannabis seed. The ABCs of Seed Importation into Canada outline these requirements
Cannabis with novel traits
Cannabis could also be subject to assessment under the Seeds Act and Seeds Regulations as a plant with novel traits, if a novel trait was introduced in to the crop.
For further information contact the Plant Biosafety Office.
The cultivation of cannabis seed for non-medical purposes is currently illegal in Canada. As of October 17, 2018, the cultivation of cannabis seed will be permitted in accordance with the requirements of the Cannabis Act and Cannabis Regulations.
Seeds Act (R.S.C. , 1985, c. S-8)
Act current to 2021-03-10 and last amended on 2019-01-15. Previous Versions
An Act respecting seeds
Marginal note: Short title
1 В This Act may be cited as the Seeds Act .
- R.S., c. S-7, s. 1
Marginal note: Definitions
2 В In this Act,
вЂ‚means a person designated as an analyst pursuant to section 5;вЂ‚( analyste )
вЂ‚means anything on which information that is capable of being understood by a person, or read by a computer or other device, is recorded or marked;вЂ‚( document )
вЂ‚means the components of the Earth and includes
(a) В air, land and water,
(b) В all layers of the atmosphere,
(c) В all organic and inorganic matter and living organisms, and
(d) В the interacting natural systems that include components referred to in paragraphs (a) to (c);вЂ‚( environnement )
, in respect of seed, includes any class of seed;вЂ‚( catГ©gorie )
вЂ‚includes any mark, description or designation of a grade;вЂ‚( dГ©nomination de catГ©gorie )
вЂ‚means a person designated as an inspector pursuant to section 5;вЂ‚( inspecteur )
(b) В anything used in an activity regulated under this Act, and
(c) В a document that is related to seed or to any activity regulated under this Act;вЂ‚( chose visГ©e par la prГ©sente loi )
вЂ‚includes any legend, word, mark, symbol or design applied or attached to, included in, belonging to or accompanying any seed or package;вЂ‚( Г©tiquette )
вЂ‚means the Minister of Agriculture and Agri-Food;вЂ‚( ministre )
вЂ‚includes a sack, bag, barrel, case or any other container in which seed is placed or packed;вЂ‚( emballage )
вЂ‚means an administrative monetary penalty imposed under the Agriculture and Agri-Food Administrative Monetary Penalties Act for a violation;вЂ‚( sanction )
вЂ‚includes any vehicle, vessel, railway car or aircraft;вЂ‚( lieu )
вЂ‚means prescribed by regulation;
вЂ‚means any plant part of any species belonging to the plant kingdom, represented, sold or used to grow a plant;вЂ‚( semences )
вЂ‚includes agree to sell, or offer, keep, expose, transmit, send, convey or deliver for sale, or agree to exchange or to dispose of to any person in any manner for a consideration.вЂ‚( vente )
means the Review Tribunal continued by subsection 27(1) of the Agriculture and Agri-Food Administrative Monetary Penalties Act ; ( Commission )
вЂ‚means any contravention of this Act or the regulations that may be proceeded with in accordance with the Agriculture and Agri-Food Administrative Monetary Penalties Act .вЂ‚( violation )
- R.S., 1985, c. S-8, s. 2
- R.S., 1985, c. 49 (1st Supp.), s. 2
- 1994, c. 38, s. 25
- 1995, c. 40, s. 86
- 1997, c. 6, s. 87
- 2012, c. 24, s. 89
- 2015, c. 2, s. 74
Marginal note: Power of Minister
2.1 В For the purpose of this Act and the regulations, the Minister may designate all or part of any building or place used for grading, testing or analysing seeds as an accredited laboratory.
- 2012, c. 24, s. 90
Marginal note: Seed not conforming to standard, etc.
3 В (1) В Except as provided by the regulations, no person shall
(a) В sell, import into Canada or export from Canada any seed unless the seed conforms to the prescribed standard and is marked and packed and the package labelled as prescribed; or
(b) В sell or advertise for sale in Canada or import into Canada seed of a variety that is not registered in the prescribed manner.
Marginal note: Grade name resembling other grade name
(2) В No person shall
(a) В sell, import into Canada or export from Canada seed under a grade name or designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor; or
(b) В apply to seed or to a package containing seed a grade name or other designation so closely resembling a grade name established under subsection 4(1) as to be likely to be mistaken therefor.
Marginal note: Exception
(3) В Subsection (2) does not apply if the seed meets the requirements prescribed for the grade, has been graded and inspected as required by the regulations and is marked and packed and the package labelled in the prescribed manner.
- R.S., 1985, c. S-8, s. 3
- R.S., 1985, c. 49 (1st Supp.), s. 3
Marginal note: Seed presenting risk of harm
3.1 В No person shall sell, import or export in contravention of the regulations any seed that presents a risk of harm to human, animal or plant health or the environment.
- 2015, c. 2, s. 75
3.2 В No person shall sell seed that is the subject of a recall order referred to in subsection 19(1) of the Canadian Food Inspection Agency Act .
- 2015, c. 2, s. 75
Marginal note: Regulations
4 В (1) В The Governor in Council may make regulations
(a) В establishing grades with appropriate grade names for seeds;
(a.1) В providing, with respect to grades requiring varietal purity, for the determination of varietal purity of seed crops and, in particular, for any such determination to be made by the Canadian Seed GrowersвЂ™ Association and any standards established by that Association to be used;
(a.2) В respecting the sale, importation or exportation of any seed that presents a risk of harm to human, animal or plant health or the environment;
(a.3) В respecting the sending or conveying from one province to another or the importation or exportation of any seed;
(a.4) В respecting the sale of any seed that has been imported or is to be exported or to be sent or conveyed from one province to another;
(b) В prescribing the terms and conditions under which and the manner in which seed crops may be inspected or seeds may be graded or tested;
(b.1) В respecting licences referred to in section 4.2, including their issuance, the conditions to which they may be subject and their amendment, suspension or revocation;
(c) В prescribing the minimum standards of purity, germination, quality and disease for seeds;
(d) В respecting the packing and marking of seeds and the marking and labelling of packages of seeds;
(e) В prescribing the terms and conditions under which variety names of seeds may be used;
(f) В exempting, with or without conditions, any item to which this Act applies, or a person or activity in respect of seed, from the application of this Act or the regulations or a provision of this Act or the regulations;
(g) В respecting the taking of samples and the testing of seeds for the purposes of this Act;
(g.1) В requiring persons to take or keep samples of any seed, or its package or label, and to provide the Minister or an inspector with, or with access to, those samples, and respecting the manner in which those samples are to be taken or kept and the manner in which they are to be provided or access to them is to be provided;
(h) В respecting the fees that may be charged for any services provided under this Act;
(h.1) В prescribing information that shall be given, and prohibiting or restricting the use of variety names, in labelling or advertising seeds for sale or making, in prescribed circumstances, offers of seeds for sale;
(h.2) В respecting the registration of varieties of seeds and the amendment of the register of such varieties;
(h.3) В specifying terms and conditions to which registration referred to in paragraph (h.2) shall be subject, including any limitation respecting the duration of any such registration or restricting any effect thereof to a region specified in the regulations;
(h.4) В prescribing the procedure for review of cases involving the refusal, suspension or cancellation of any registration referred to in paragraph (h.2);
(h.5) В determining the cases in which and the conditions, including provision of a bond or suretyship, under which seeds shall, for the purposes of this Act, be transported and stored on importation;
(h.6) В respecting the registration of establishments that prepare seeds and the licensing of operators of those establishments, including the renewal, cancellation and suspension of those registrations and licences and the conditions to which they are subject;
(i) В respecting the detention, preservation and safeguarding of anything seized under section 8;
(i.1) В providing for any reasonable costs incidental to any seizure under this section, and to the detention of the thing seized, to be payable by and recoverable from the person entitled to possession thereof at the time of the seizure;
(j) В respecting the disposition of anything forfeited under section 8;
(j.1) В requiring persons to prepare, keep or maintain documents and to provide the Minister or an inspector with, or with access to, those documents, and respecting
(i) В the information in those documents,
(ii) В the manner in which they are to be prepared, kept or maintained,
(iii) В the place where they are to be kept or maintained, and
(iv) В the manner in which they are to be provided or access to them is to be provided;
(j.2) В respecting the issuance of certificates or other documents for the purpose of section 4.11;
(j.3) В respecting quality management programs, quality control programs, safety programs, preventive control plans or any other similar programs or plans to be implemented by persons who conduct any activity regulated under this Act;
(k) В prescribing anything else that by this Act is required to be prescribed; and
(l) В generally, for carrying out the purposes and provisions of this Act.
Marginal note: Weed seeds
(2) В The Minister may, by order, specify the kinds of plants whose seeds are, for the purposes of this Act, weed seeds.
Marginal note: Paragraphs (1)(a.2) and (a.3)
(3) В Regulations made under paragraph (1)(a.2) or (a.3) may, among other things, establish preclearance or in-transit requirements for any imported seed or anything imported with it.
Marginal note: Paragraph (1)(j.1)
(4) В Regulations made under paragraph (1)(j.1) may, among other things, require persons who conduct any activity regulated under this Act and who become aware that seed presents a risk of harm to human, animal or plant health or the environment or does not meet the requirements of the regulations to provide written notice to that effect to the Minister or an inspector.
Federal laws of canada