The recently passed Bill C‐18 includes Incorporation by Reference in its framework, an element of the bill that the seed industry hopes will speed up regulatory change.
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Bill C-18, which amends certain acts relating to agriculture and agri-food, received Royal Assent earlier this year. The bill amends nine agricultural acts; with perhaps the most important to the seed industry being bringing Canada’s Plant Breeders’ Rights Act into compliance with the 1991 Convention of the International Union for the Protection of New Plant Varieties._x000D_
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However, the inclusion of Incorporation by Reference in the bill also has the potential to impact seed industry regulation. Incorporation by Reference means that rather than including something in regulation in its entirety, it is a standalone document to which regulation refers. Therefore, the document is incorporated into regulation by reference._x000D_
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“The objective of Bill C-18 is to move toward a more flexible, timely regulatory system that fosters investment and innovation in agriculture,” says Patty Townsend, CEO of the Canadian Seed Trade Association. “Incorporation by Reference will allow for a more responsive system. It could speed up administrative changes and changes for which there is industry consensus by as much as two years.”_x000D_
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As the seed industry evolves at an increasing pace, leaders have been advocating for a faster regulatory system for a number of years. “We support the inclusion of Incorporation by Reference as it will better meet the needs of producers and the marketplace in terms of improved timeliness,” says Darcy Pawlik, North America cereals seed lead for Syngenta._x000D_
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Variety Registration_x000D_
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According to Townsend, Incorporation by Reference would allow some things, such as the list of crop kinds subject to variety registration, to be held outside of regulation, but to be referred to in regulation. When there is sufficient rationale and industry consensus, change could be affected much more quickly. “It is another step in the process to create a more flexible and timely regulatory system,” Townsend says._x000D_
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The list of crop kinds that are subject to variety registration (Schedule III); the list of crop kinds subject to certification (Schedule II); the Weed Seeds Order; and the Grade Tables are all in the Seeds Regulations and any change is by regulatory change._x000D_
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“When the government put in place the three-part variety registration system just over five years ago, despite CSTA’s requests to the contrary, the decision was made that movement between parts of the system would be by regulatory change,” she explains. “Since the system was implemented, only forages and oilseed soybeans have moved between parts, and that took over three years. Moving the list of crops subject to registration out of regulation, and referring to the list in the regulation, would allow for timelier movement between parts.”_x000D_
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Townsend says the government has already promised that the list will be moved. “While the rationale for a move between the new Enhanced and Basic registration systems would still need to be provided, and value chain support would still be required, the administrative process involved with a regulatory change would not be required,” says Townsend._x000D_
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This process involves getting the attention of the regulatory divisions at the Canadian Food Inspection Agency to make the change a priority for the regulatory process; meeting Treasury Board and Cabinet deadlines; posting in the Canada Gazette Part I and the mandatory comment periods; once again getting the attention of regulatory divisions; and lastly posting again in the Canada Gazette Part II._x000D_
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“Change could be affected more quickly without the formal regulatory process,” Townsend says._x000D_
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Pawlik says the impact of Incorporation by Reference on variety registration will be positive for the industry. “It will support more streamlined decision-making which will ultimately improve efficiency and time to market,” he says. “It has been suggested that use of Incorporation by Reference will improve the speed of changes by up to 24 months, which is significant in terms of lifecycle management and supporting industry competitiveness in a global context. This is a significant improvement over current requirements, which necessitate revision through seed regulations.”_x000D_
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Pawlik says that Syngenta anticipates Incorporation by Reference can streamline the current process for variety registration from three-plus years to approximately one year. “Since inception, only forages and oilseed soybeans have moved between parts, having taken more than three years to accomplish,” he says. “The move to Incorporation by Reference will streamline industry’s ability to move crop kinds into their optimal position and support value chain competitiveness with other global producers and exporting nations.”_x000D_
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Streamlining Regulations_x000D_
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Townsend says Incorporation by Reference could also help to prevent disconnects between regulations. “The Weed Seeds Order, which classifies weed seeds, is currently out of synch with the regulated plant pest list,” she says. “Work to bring the Weed Seeds Order up to date has been going on since 2005. While the science still needs to be done — rationale, consultations and so on — the Order could be updated in a much more timely fashion, ensuring that seed analysts and the seed sector has access to accurate and complete references.”_x000D_
“Incorporation by Reference will allow for a more responsive system. It could speed up administrative changes and changes for_x000D_
which there is industry consensus by as much as two years.”_x000D_
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— Patty Townsend
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Consultation Still Key_x000D_
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One question that has been raised in regards to Incorporation by Reference is whether removing the regulatory change requirements would mean that changes will be made without rationale or consensus._x000D_
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The National Farmers Union is one group voicing concerns that proper consultation will not occur before regulations are changed._x000D_
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“Incorporation by Reference allows regulations to be changed more quickly with less, or no, consultation,” says Ann Slater, vice-president of policy for the National Farmers Union. “Some suggest this is a benefit simply because government can act more quickly to remove unnecessary regulation or bring in new regulations. However, it leads to less opportunity for the public to give input on the benefits or challenges of any particular piece of regulation.”_x000D_
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This is something Townsend and CSTA are confident will not happen. “Moving things out of regulation to establish Incorporation by Reference still needs to be a regulatory change,” Townsend says. “Just setting up Incorporation by Reference would have to meet all of the regulatory change requirements. There will be plenty of opportunity to have input throughout that process. Once documents are incorporated by reference, we are still confident that the value chain will be consulted before any changes are made.”_x000D_
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For the seed industry, there is little doubt that the rationale behind Incorporation by Reference in Bill C-18 is excellent; speeding up regulatory change is critical for Canada’s seed industry to remain competitive. As long as the affected parties are adequately consulted and their observations are taken into consideration, Incorporation by Reference is a welcome component of the new bill.
