Canada’s amended Plant Breeders’ Rights Regulations now in force

On April 23, 2026, Canada’s finalized amendments to the Plant Breeders’ Rights Regulations (PBR Regulations) came into force (Canada Gazette Part II). The PBR Regulations follow the proposed amendments that were published in the Canada Gazette Part I, which we discussed in our previous bulletin, Growing protection for plant varieties: changes coming to Canada’s Plant Breeders’ Rights Regulations.

The amendments strengthen intellectual property protection for new plant varieties and simplify filing requirements.

Following extensive public feedback¹ during the 70-day consultation period in August 2025, the finalized amendments remain largely unchanged from the proposed amendments. The Canadian Food Inspection Agency (CFIA) and the Minister of Agriculture explained that the amendments are necessary to modernize Canada’s plant innovation framework, align with international standards, and strengthen conditions to support public and private breeding investment. CFIA noted that the amendments will also benefit innovators, producers, and consumers by encouraging innovation and investment in Canada’s plant breeding sector, which will help bring new and improved plant varieties to market.

What you need to know

• The amendments to the Plant Breeders’ Rights Regulations came into force on April 23, 2026, and are now law.
• The finalized amendments to the PBR Regulations are largely unchanged from the proposed amendments published in the Gazette Part I in August 2025.
• Key amendments to the PBR Regulations include the following:
  1. the farmers' privilege exemption is narrowed to exclude fruits, vegetables, ornamental plants, plants reproduced through vegetative propagation, and hybrid varieties;
  2. PBR protection for potatoes, asparagus, and woody plants is extended from 20 to 25 years for varieties registered after April 23, 2026;
  3. advertising is excluded from the novelty determination for PBR eligibility; and
  4. PBR filing requirements have been simplified, including reduced fees and extended timelines for assignment notices.

Key amendments to the PBR Regulations

The final amendments implement the following key changes to the PBR Regulations and are largely unchanged from the proposed amendments as previously published.

1. Narrowing the scope of the farmers’ privilege exemption

Farmers’ privilege is an exemption to plant breeders’ rights that allows farmers to save and reuse seeds from protected plant varieties in subsequent years. While the exemption recognizes the long-standing practice of farmers in relation to certain small-grain agricultural crops, such as cereals and pulses, the previous legislation was not limited to those crop types.

The final amendments to the PBR Regulations specify that seeds from the following plant types will no longer qualify for the farmers’ exemption:

• fruits, vegetables, and ornamental plants;
• plants reproduced through vegetative propagation (e.g., via cutting, budding, grafting, etc.); and
• hybrid varieties, including their parental varieties.

CFIA notes that this aligns with existing commercial industry practices and with other jurisdictions, and is consistent with the International Union for the Protection of New Varieties of Plants (UPOV) interpretation of the exemption. CFIA explains that strengthening intellectual property rights provides incentives for investment and innovation in plant breeding, leading to increased research and development, crop diversification, and access to new and improved varieties for producers. In turn, this strengthens market competitiveness, supports economic growth, and enhances trade opportunities.

2. Extending the duration of plant breeders’ rights protection for potatoes, asparagus, and woody plants

The amendments increase the PBR protection period from 20 years to 25 years for potatoes, asparagus, and woody plants (e.g., berry fruit and flowering shrubs). This extension takes into account the time frame required to breed and support market adoption of these crops and aligns more closely with the European Union’s 30-year protection term.

In response to consultation feedback, CFIA has clarified in this amendment that the new 25-year protection period will not be applied retroactively to varieties already granted PBR protection (the 20-year protection period will remain for those varieties). The extended protection applies only to varieties registered after April 23, 2026.

3. Excluding advertising from novelty determination

To apply for PBR protection, a variety must be considered new or novel, which is assessed based on prior sale. Under the previous definition of “sell” in the Plant Breeders’ Rights Act, any advertising of a plant variety without physical sale would bar the variety from PBR protection eligibility. The amendments have excluded “advertising or any exposure that is not for a consideration” from the novelty determination, so that a plant variety remains eligible for PBR protection even if it is advertised before being available for physical sale. This amendment is intended to align with international standards and remove any ambiguity regarding the novelty requirement.

4. Updating PBR filing requirements

The amendments include several modifications to the filing requirements for plant breeders’ rights:

• Simplified assignment requirements. The current procedures require an original witnessed assignment, where applicable. The amendments remove the requirement for a witness and for an original document (a digital copy will suffice).
• Extended timeline for assignment notice. Based on stakeholder and public feedback, CFIA has extended the time to notify the Plant Breeders’ Rights Office (PBRO) of an assignment from 30 days to one year. CFIA’s rationale is to minimize administrative burden on rights holders while ensuring the PBRO can manage rights and collect fees effectively.
• Application fee adjustment. The current fee structure requires applicants who file electronically to pay both the UPOV PRISMA online filing fee and the Canadian filing fee to the PBRO. The amendment eliminates the duplicative UPOV PRISMA filing fee component, and the Canadian electronic filing fee with the PBRO has been set to a reduced fee of C$152.32.
• Submission of propagating material. Currently, an applicant must provide the PBRO with a sample of propagating material (e.g., seeds) at the time of filing a PBR application. The amendments would allow the Commissioner to grant additional time for submitting the propagating material in exceptional circumstances.

What’s next?

CFIA has stated that performance measurements of the PBR Regulations will be incorporated into existing performance frameworks. Stakeholders can expect to receive performance metrics in CIPO’s Canadian national PBR report in the future.

For recent case law developments regarding Canada’s Plant Breeders’ Rights, please see our accompanying bulletin, Reaping your crop: damages for infringement under Canada’s Plant Breeders’ Rights Act granted for the first time.