Update to plant breeder rules divides the agricultural industry

Monday, February 3, 2014

A proposal to strengthen patent rights for plant breeders is the centre piece of upcoming legislation in Parliament. It is seen by some as essential to Canada's ability to compete, by others as an assault on farmers' rights

by BARRY WILSON

When this issue of Better Farming lands in farm mailboxes in late January, MPs will be preparing for perhaps the most significant parliamentary agricultural debate of 2014.

Late last year, as the House of Commons was getting ready to adjourn for a six-week Christmas break, agriculture minister Gerry Ritz introduced Bill C-18, an omnibus Agricultural Growth Act.

Having set a deadline of getting the bill through both the Commons and Senate so it can take effect Aug. 1, Ritz expects it to receive some priority when Parliament resumes the last week of January.

The bill proposes to amend a number of pieces of legislation, including significant changes to the advance payment program to allow farmers to build a five-year advance payment model into their business plan.

But the centre piece of the bill that has been drawing the most attention – and some political heat – is a proposal to strengthen patent rights for plant breeders to increase their ability to earn money from their seed and variety creations.

Ritz says updating Canadian plant-breeder rules from their current 1978 basis to fall in line with a 1991 international seed agreement is key to Canada's ability to compete and expand. He says the bill is putting a marker down so we can start to draw some international investment here.

The Canadian Federation of Agriculture has praised the bill. Grain Farmers of Ontario chair Henry Van Ankum saw it as a boost to the industry. "Our farmer members need access to the best hybrids and seed varieties to continue to meet the changing demands of consumers," he said. The new act will safeguard plant breeders' work on developing new seeds needed to meet these demands and will encourage further research.

Opponents, led by the National Farmers Union, geared up to fight the bill as an assault on farmers' right to save seed, an increase in the power of seed companies over the industry and a way for them to extract more money from farmers.

Opposition MPs vowed to question how farmer rights would be affected and how much extra they will have to pay. The fact that former Alberta Conservative MP Ted Menzies becomes president of CropLife Canada early this year will no doubt figure in the accusations of the critics.

The year past also had its moments. On April 1, the federal-provincial Growing Forward 2 took effect with a reduction in business risk management coverage, an emphasis on increased farmer responsibility for their own market protection and cutbacks in basic government-funded research in favour of more industry investment and research direction.

A trade deal with the European Union would increase access for European cheese to Canada.
Rules for the Canadian Grain Commission (CGC) were changed to reduce mandatory services, increase fee-for-service costs to industry and create a plan to make the CGC financially self-sufficient.

Farm debt kept edging into ever-record levels, even as predictions for 2014 include the beginning of interest rate escalation as commodity prices decline.

And in Ontario, premier and agriculture minister Kathleen Wynne continued to try to reconnect her government to rural voters. An expected election this year will tell the tale.

Like the year we have just put to bed, 2014 holds the promise of drama and change for the farm and food sector.

Seat belts are in order. BF
 
Barry Wilson is a member of the Parliamentary Press Gallery specializing in agriculture.