Rules around seeds in Canada getting 1st major update in 100 years

The first major change to seed regulations in Canada is coming more than a century after the framework was established in 1905, but critics and some stakeholders say it hasn’t been worth the wait.

After a five-year modernization process involving 150 stakeholders in the national seed sector, the Canadian Food Inspection Agency (CFIA) has put forward 52 proposed changes to rules governing how seeds are developed, imported, labelled and marketed.

“The Seeds Regulations are important for Canadian farmers and seed producers to help prevent fraud and ensure the traceability, quality and safety of Canada’s seed supply,” the CFIA said in an emailed statement.

“The work started with the ‘hard’ questions that address the fundamental role of government in the regulation of seed.”

Suggested changes fall into three categories: red tape and administrative load reduction; innovation and market competitiveness; and protecting consumers, growers, and the environment.

But the proposed changes — and the lengthy road to get there — have critics.

Lauren Comin, director of policy at Seeds Canada, is one. She says Seeds Canada members, made up of seed growers, breeders, distributors and sellers, are underwhelmed at the results.

“When this process was initially introduced back in 2018, it was sold to the sector as being this once in a lifetime opportunity,” Comin told CBC News.

“Innovation has come a long way, and the pace of innovation is only increasing. In a five-year review, we had hoped to be at least modern up until today. By the time we are done with this process, we’re already going to be behind.”

Comin did point to a number of positives in the proposed changes, including the creation of a stakeholder advisory committee to suggest more amendments and bridge communication between growers, distributors and retailers and the CFIA.

But she said the goal of reducing red tape hasn’t been met from Seeds Canada’s perspective, and some changes could mean additional expenses for the sector.

“Unfortunately, what we saw was the CFIA trying to reduce their budgetary spend. They chose to outsource a lot of regulatory services as opposed to pulling back on the regulations that require those services.

“And because those services are outsourced, there is potential increased cost to the sector, and farmers end up having to eat that cost,” she said.

Comin said opportunities for change, like allowing seed production facilities to inspect their own product rather than requiring third party audits, were missed. The result is amendments which are mostly neutral rather than helpful.

Net impact 'almost nil'

Chris Churko is the CEO of FP Genetics, a seed development and distribution company based in Saskatchewan. He said the proposed changes won’t amount to the generational change expected by the modernization.

“From our perspective, the net impact to our business is almost nil,” Churko told CBC News.

However, he also said allowing certain standards and requirements for seed quality, labelling, variety registration, and plants considered weeds to be incorporated by reference are a win for the sector.

Standards incorporated by reference would be easier to change in the future, bypassing the formal regulation change process.

“Nobody can claim the government is super efficient at moving things through regulation, so using incorporation by reference [is a] positive move for everyone,” said Churko.

Churko said another missing piece in the modernization is harmony with intersecting legislation, particularly the Plant Breeders Rights Act, which is also undergoing an update by the CFIA.

He said better protection for intellectual property rights for seed breeders and producers in the Seeds Act are needed to uphold quality standards and ensure registered and certified seed stays that way.

“I was really hoping to see some regulation where if you were a cleaner, you had to be a licensed cleaner.

“All cleaners need to be licensed — that would help curb some of the illegal trade, but also building protection for farmers to ensure … that they are receiving quality seed, pure seed, free of noxious weeds.”

Churko also noted that little reduction in administrative burden means less incentive for investment into variety development from both inside and outside the country.

“Our registration system is — I would call it quite burdensome. Certainly a quality system, it’s good. But it is costly, and that is a part that drives folks away.”

While both Comin and Churko expected more from the modernization process, they have hope more change will come to the seed sector, and at a faster pace. Embedded in the proposed changes are suggestions for future consideration after the initial round of amendments is finalized.

The CFIA will be publishing stakeholder feedback and wrapping up Indigenous consultation in early 2026. The proposed changes are expected to be published in Part 1 of the Canada Gazette later in 2026.

After publication in Part 1, comments and feedback may be used to further adjust the changes. Final approval is given from a minister. Those finalized regulations then come into force and are published in Part 2 of the Canada Gazette.