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Updating Plant Breeders’ Rights, Part V – Parliament has passed Bill C-18
As readers of this blog may recall, the federal government tabled Bill C-18, the Agricultural Growth Act, in late 2013. The Bill was to amend some eight agricultural statutes, including the Plant Breeders’ Rights Act. The government’s intent has been to...
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Nuisance and Neighbours
The interplay between farms and neighbouring properties is not an easy one. Many normal farm activities may involve unpleasant noises and odours that impact neighbouring properties. Conceivably these activities could constitute an actionable nuisance. A nuisance is an activity which...
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Amended Maple Products Regulations in Force
Grading and quality standards for maple syrup prepared in federally registered establishments in Canada are regulated by the Maple Products Regulations (MPR). The amendments to the MPR, which were registered and came into force on December 12, 2014, are intended...
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Annual Legal and Regulatory Review
Agri-Energy and Waste Management Forum, Pacific Agriculture Tradeshow
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Reuters quotes Rick Van Beselaere on large-scale farmland purchases in Saskatchewan
Reuters, "Exclusive: Canadian province eyes tougher rules on investor farm buys"
Saskatchewan is likely to tighten what are already some of North America’s strictest rules for purchasing farmland as the Western Canadian province looks to fend off big money managers hungry for what they see as a winning investment. The province,...
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Pacific Agriculture Show – January 29 through January 31, 2015 (Tradex in Abbotsford)
For our Western readers, we are looking forward to being part of the 17th annual Pacific Agriculture Show again this year. Please come by the Miller Thomson booth to say hello or ask a question or two. We’ll be at...
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The Growing Need for Farm Succession Planning in Canada
A look at Statistics Canada figures regarding the demographics of farmers reveals some trends which will continue to shape the Canadian agriculture industry. Farm consolidation: In 1991, there were 280,043 farms in Canada. However, by 2011, that number had dropped...
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Alberta could owe a private duty of care to individuals harmed by hydraulic fracturing
Jessica Ernst’s claim against Alberta Environment and Sustainable Resource Development (“Alberta Environment”) for negligently carrying out its regulatory regime will be allowed to proceed after the Alberta Court of Queen’s Bench dismissed the public body’s application to strike in a...
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WTO Rules Against U.S. Regarding Country of Origin Labelling
On October 20, 2014, the World Trade Organization (“WTO”) ruled for the third time that the United States’ country-of-labelling rules (“COOL”) contravenes trade laws by discriminating against beef and pork exports from Canada and Mexico. The U.S. COOL rules, which...
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Updating Plant Breeders’ Rights, Part IV – The Farmer’s Privilege and How Bill C-18 Would Affect the Right to Save Seed
The Series So Far This is our fourth post on Bill C-18 and its and its proposed amendments to the Plant Breeders’ Rights Act (PBRA) In our first post, we set out the context of development of seed varieties in...
