Protecting Seed Sovereignty: What Canada’s Proposed Seed Law Changes Mean for All of Us

Seeds are more than just the beginning of a crop. They are the foundation of food, culture, and community. Who controls seeds shapes who controls our food system — and by extension, our livelihoods, health, and sovereignty.

Right now, Canada is at a crossroads. The federal government, through the Canadian Food Inspection Agency (CFIA), is reviewing and rewriting the laws that govern seeds. At the same time, the rights of farmers to save, reuse, and share seeds — rights that stretch back thousands of years — are being chipped away under the rules of Plant Breeders’ Rights (PBR) and the international treaty known as UPOV ’91. The decisions being made today will shape not only Canadian agriculture, but the future of our food for generations.

A Quick History: How We Got Here

Before 2015: Canada operated under UPOV ’78, which recognized farmers’ traditional rights to save and reuse seed more broadly.
2015 (Bill C-18): Canada amended the Plant Breeders’ Rights Act to align with UPOV ’91, giving breeders (often multinational seed companies) stronger monopoly powers over seed.
Now: The CFIA’s Seed Regulatory Modernization (SRM) is a sweeping review of seed regulations that could further tilt the balance of power away from farmers and toward corporations.

What Plant Breeders’ Rights & UPOV ’91 Mean

Plant Breeders’ Rights (PBR) are a form of intellectual property. When a breeder registers a new variety, they gain legal control over how that seed — and in some cases even the crops harvested from it — can be used.

Extended monopolies: Breeders control reproduction, import/export, and sometimes harvested materials from protected varieties.
“Cascading rights”: Royalties can extend beyond seed sales to harvests and even products made from the harvest.
Weakened Farmers’ Privilege: Farmers may still save seed for replanting on their own farms, but the scope is limited and does not include sharing or exchanging with neighbours; further restrictions are possible.

This system can funnel wealth from farmers’ labour to corporate shareholders while reducing autonomy and seed diversity.

What the CFIA’s Seed Proposals Say

The CFIA’s consultation groups proposals into three themes:

Reducing red tape: digital submissions, streamlined variety registration, updating standards “by reference.”
Supporting innovation & competitiveness: pathways for heritage/heirloom seeds, recognition of organic/alternative breeding systems, stakeholder advisory committees.
Protecting farmers & consumers: stronger import controls, consistent grading, improved traceability.

Opportunities include easier access for heritage varieties and testing conditions that reflect organic or alternative systems. Risks include shifting key standards outside democratic oversight by incorporating them “by reference;” advisory committees dominated by industry; and “streamlining” that weakens protections against fraud, poor-quality seed, and invasive weeds.

CFIA proposals overview | “What We Heard” report (Winter 2024)

What Farmers Are Saying

Support for CFIA taking over variety listing for non-registered crops and expanding digital systems like SeedCert — with strong calls to safeguard privacy, cost, and access.
Mixed views on requiring accredited labs for all testing or limiting “common seed” grade names — smaller/local producers warn of higher costs and barriers.
Clear opposition to letting registrants cancel varieties at will, which could remove seeds farmers depend on.

The NFU’s Position — and Why I Stand With Them

The National Farmers Union (NFU) has consistently raised the alarm about corporate influence over seed law and advocates a farmer-friendly seed system that:

Guarantees the inherent rights of farmers to save, reuse, select, exchange, and sell seed.
Opposes UPOV ’91’s cascading rights that transfer wealth away from farmers.
Ensures accessible registration for heritage and regionally adapted varieties.
Maintains democratic oversight of seed standards instead of outsourcing control.

NFU: Farmers’ guide to commenting | NFU: Official response to CFIA | NFU: Seed industry lobby explainer

Why This Matters for Everyone

Food prices can rise as costs and royalties move down the chain.
Biodiversity shrinks when uniform, corporate-controlled varieties dominate.
Climate resilience suffers if locally adapted seeds are crowded out.
Food security weakens as power concentrates far from communities.

Seeds are the first link in the food chain. Whoever owns them, owns the rest.

Take Action

Here’s how you can help protect seed sovereignty:

Submit comments to the CFIA’s Seed Regulatory Modernization using the NFU’s step-by-step guide and position paper.
Support the NFU and farmer-led organizations working for a democratic, farmer-centred seed system.
Share this issue with neighbours, local groups, classrooms, and on social media.

Use the NFU Comment Guide
Read NFU’s Official Response
Review CFIA Proposals