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Genetic resources: access and benefit-sharing

Under the Convention on Biological Diversity, countries can decide how researchers may use their genetic resources (such as plants and animals) and share benefits back. This page explains the basics of “access to genetic resources and benefit-sharing" and provides information on how to request access to genetic resources managed by the Government of Canada.

About access and benefit-sharing

Genetic resources

Genetic resources touch the lives and well-being of every Canadian. The United Nations Convention on Biological Diversity (CBD) defines genetic resources as any material of plant, animal, microbial or other origin containing “functional units of heredity”, of “actual or potential value”. In practice, this means plants, animals, microbes and specimens and samples from them that contain DNA or RNA molecules.

People use genetic resources in many ways, including:

They are also used for other cultural purposes by Indigenous Peoples, and research on genetic resources may be informed by Indigenous Knowledge. Canada is home to many interesting genetic resources, including crops and livestock, wild plants used for medicine, and organisms that live in extreme Arctic and marine conditions. Their characteristics contribute to many areas of research.

Access and benefit-sharing

Fair and equitable sharing of benefits arising out of the utilization of genetic resources is the third objective of the 1992 Convention on Biological Diversity (CBD). Benefit-sharing is meant to encourage countries and people to value and protect nature and use it in a way that lasts.

Benefit-sharing is also a key principle in related international agreements on agriculture, nature in the high seas, and pandemic diseases:

Canada is a Party to the CBD and the International Treaty on Plant Genetic Resources for Food and Agriculture. “Parties” to a treaty are entities that are bound by the treaty.

The CBD sets out general “access and benefit-sharing” (ABS) requirements for its 196 Parties (those that are bound by the terms of the treaty) on how genetic resources should be accessed: with the prior informed consent of the provider country (unless the country decides otherwise) and according to mutually agreed terms between provider and user, including benefits to be shared.

Benefit-sharing means giving something back when you use genetic resources or traditional knowledge. It can be “monetary” (such as paying fees, sharing profits or funding research), or “non-monetary” (such as working together on research, sharing results or offering training). The CBD also supports sharing benefits with the Indigenous Peoples and local communities who hold traditional knowledge, so they are recognized and rewarded for their contributions to nature and society. Many countries now have ABS rules to protect their rights and make sure they get a fair share of benefits when their genetic resources are used for research and developing new products.

New issues include working out how ABS can stay up to date with fast-moving technology without slowing down science and nature conservation. For example, instead of using actual biological samples, researchers often use “digital sequence information on genetic resources” (DSI) that is openly available in public databases. To help share benefits fairly when this digital data is used, CBD Parties have created a new voluntary mechanism including the global Cali Fund to encourage companies and scientists to give back.

CBD Parties are now working to reach the global goals and targets of the Kunming Montreal Global Biodiversity Framework. Goal C and Target 13 are devoted to increasing benefits shared from the use of genetic resources, DSI and traditional knowledge associated with genetic resources.

Access to Canadian genetic resources

ABS in Canada

Canada is a federal state. Under the Canadian Constitution and various legislative administrative arrangements, federal, provincial, territorial and Indigenous governments share legal authority for managing biological resources and terrestrial, marine and freshwater environments. In Canada, ABS is managed in accordance with applicable law and policy; in particular, conservation legislation as well as property and contract law. Canada does not currently have any laws or regulations that specifically target ABS.

Indigenous Peoples in Canada have certain rights to control access to genetic resources on reserves and other lands covered by existing Acts and agreements (e.g., modern treaty settlement lands).

While the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) must be read in its entirety, Article 31 of the UN Declaration states that Indigenous Peoples have the right to maintain, protect, control, and develop access to Indigenous Knowledge associated with genetic resources. Where Indigenous Peoples have developed codes of ethics and/or research protocols, strategies and frameworks, these should be respected.

The United Nations Declaration on the Rights of Indigenous Peoples Act (the UNDA) provides a framework for the Government of Canada to implement the rights in the UN Declaration. In its preamble, the UNDA recognizes that measures to implement the UN Declaration in Canada must take into account, among other things, First Nations, Inuit and the Métis’ relationship to land and their Indigenous Knowledge

This webpage provides information on ABS-related measures for genetic resources managed by the Government of Canada (the federal government). For access to genetic resources under the management of provinces or territories, one should contact the relevant provincial or territorial government authorities. For access to genetic resources on Indigenous-held lands and for access to Indigenous Knowledge associated with genetic resources, one should contact the relevant Indigenous governments.

Research in Canada’s North

Several Territorial Regulatory requirements can apply to scientific research within Canada’s north. There are four separate and distinct land claim agreements. In accordance with most of these agreements, no federal license or authorization may be issued until the relevant land claims process(es) is complete.

Protected Areas

Parks Canada administered places

Parks Canada manages access to genetic resources in the places it administers through authorizations granted under its relevant Acts and regulations (see Acts and regulations). Protected areas administered by Parks Canada in the North are also subject to the terms of final agreements or other contractual agreements. Parks Canada cooperatively manages a number of heritage places with Indigenous partners. In these places, approval processes may be subject to site-specific processes that respect the governance of the site.

List of places administered by Parks Canada:

Access to heritage areas for research and collection purposes is managed through Parks Canada’s Research and collection permits program. Interested parties must obtain a research and collection permit prior to undertaking any research and collection activities and must contact the research coordinator responsible for each heritage area of interest to ensure adequate time is provided to review permit applications, which can take up to 90 days.

National Wildlife Areas and Migratory Bird Sanctuaries

Environment and Climate Change Canada (ECCC) manages access to genetic resources in National Wildlife Areas through permits issued under the Wildlife Area Regulations made under the Canada Wildlife Act. Access to genetic resources in Migratory Bird Sanctuaries is managed through permits under the Migratory Bird Sanctuary Regulations under the Migratory Birds Convention Act, 1994. Applicants should expect longer processing timelines when applying for migratory bird sanctuaries (MBS) and national wildlife areas (NWA) permits in the Yukon, Northwest Territories or Nunavut because of additional review procedures mandated by land claims agreements.

Marine Protected Areas and Marine Refuges

Fisheries and Oceans Canada (DFO) manages access to Marine Protected Areas (MPAs) designated under the Oceans Act and access to Marine Refuges established under the Fisheries Act and recognized as other effective area-based conservation measures (OECMs). Permitting procedures are specific to each MPA and marine refuge and depend on the regulation establishing them or the management plan. An Activity Plan must be submitted to DFO before any scientific research begins in an MPA or a marine refuge, as described in the regulations establishing them MPA.

Species at Risk

Canada’s Species at Risk Act (SARA) aims to prevent the loss of Canadian animals, plants, fungi or other species and provide for the recovery when needed. SARA applies to all the species listed as a Species at Risk and found on federal land including protected areas, Canada's oceans and waterways, military training areas, and First Nations reserve lands. SARA permits are needed for activities that may have an impact on listed species. Responsibility for implementing SARA is shared between ECCC, Parks Canada and Fisheries and Oceans Canada (DFO). DFO issues SARA permits for projects in areas where aquatic species at risk are present, except in waters found in Parks Canada-administered places.

The Guidelines for Permitting Under Section 73 of the Species at Risk Act were adopted to provide permit applicants with information on how to apply for a SARA permit.

Canada’s tidal waters

Fisheries and Oceans Canada (DFO) manages the take of aquatic organisms for scientific purposes in areas under Canadian federal jurisdiction (except in Parks Canada-administered places) under licensing provisions set out in the Fishery (General) Regulations made under the Fisheries Act.

To contact Fisheries and Oceans Canada (DFO) for scientific license-related inquiries, specifically regarding applications for fishing licenses for scientific, experimental, or educational purposes, please direct your email to the relevant regional contact point based on the area where the activity will take place.

Fishing by foreign vessels in Canadian fisheries waters for scientific purposes is regulated by DFO under the licensing provisions of the Coastal Fisheries Protection Regulations made under the Coastal Fisheries Protection Act. See Marine Scientific Research section below for more information.

Harvesting of genetic resources found in Parks Canada-administered places (Find a Parks Canada location) is managed through authorizations granted under its relevant Acts and regulations (see Parks Canada’s Acts and regulations).

Marine Scientific Research

Canada’s Marine Scientific Research (MSR) regulatory regime is based on the domestic implementation of the MSR regulations set out in Part XIII of the United Nations Convention on the Law of the Sea (UNCLOS). It falls within the powers, duties, and functions of the Minister of Foreign Affairs and the Minister of Fisheries and Oceans, is referenced in the Oceans Act and Coasting Trade Act, could involve various domestic regulatory regimes, and is administered by Global Affairs Canada (GAC). Global Affairs Canada Security and Defence Relations Division (IGR) facilitates the review and approval of applications for foreign MSR.

Researchers interested in conducting MSR in areas under Canadian jurisdiction or sovereignty must submit an application, through their diplomatic mission accredited to Canada, to Global Affairs Canada, at least 6 months (180 days) prior to the commencement of research activities, or vessel entry into waters under Canadian jurisdiction or sovereignty, whichever comes first.

While GAC coordinates Canada’s interdepartmental review and diplomatic response to foreign marine scientific research requests, many of the technical aspects of the review, including permitting and licencing, are undertaken by other federal departments and agencies. There may also be other, non-federal requirements, depending on the type of activities and geographic areas proposed. These processes and timelines are distinct from the MSR application and proponents should pursue them separately. It is the responsibility of the applicant to ensure that all necessary permits or licences have been obtained and are on board the vessel prior to commencing any activities in areas under Canadian jurisdiction.

Experimental Farms

Agriculture and Agri-Food Canada (AAFC) manages access to plants and animals on Crown property managed by AAFC under the Experimental Farm Stations Act.

For information on accessing genetic resources on AAFC Experimental Farms:

Research Forests

Natural Resources Canada’s Canadian Forest Service (CFS) manages access to plants and animals on Crown property managed by CFS under the Forestry Act and Timber Regulations.

Genetic resource collections

The federal government also maintains ex situ collections of genetic resources, managed by several federal departments as well as the Canadian Museum of Nature. ABS-relevant terms and conditions are determined by the holders of these collections.

Agriculture-related collections

Agriculture and Agri-Food Canada manages access to genetic resources held in a range of major living and preserved collections.

The Plant Gene Resources of Canada, the Canadian Clonal Genebank and the Potato Gene Resources of Canada form the Canadian National Plant Germplasm System, a network of genebanks under AAFC dedicated to preserving and providing access to the genetic diversity of crop plants, their wild relatives and other plants that are relevant for agriculture.

Canada is a Party to the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), which at its core includes a Multilateral System (MLS) for ABS for plant genetic resources for food and agriculture. The MLS facilitates access and benefit-sharing, for the purpose of research, breeding and training for food and agriculture, to ex situ genetic materials that are under the management and control of Contracting Parties and in the public domain. Canada uses the Standard Material Transfer Agreement of the ITPGRFA for all plant genetic resources distributed from PGRC to national or international genebank clients.

AAFC also holds other national reference collections and living* (genebank) collections:

Forestry-related collections

Natural Resources Canada’s Canadian Forest Service (CFS) houses over one million specimens across diverse ex situ collections located in various research centres. Specimens may be made available for research upon request.

CFS collections include:

Fisheries-related collections

Fisheries and Oceans Canada (DFO) manages two Biodiversity Facilities in the Maritime Region to maintain genetic diversity of specific fish populations, particularly those listed as endangered under SARA, and serve as live gene banks for Inner Bay of Fundy Atlantic Salmon populations.

Canadian Museum of Nature

The Canadian Museum of Nature (CMN) is a Crown Corporation established under the Museums Act. It holds national collections of minerals, fossils, vascular plants, bryophytes, lichenized fungi, algae, invertebrate and vertebrate animals, as well as the National Biodiversity Cryobank of Canada and a Nature Art and Photos collection.

Pathogen genetic resources

Controlled activities with Risk Group 2 to 4 human pathogens or toxins are regulated by the Public Health Agency of Canada (PHAC) under the Human Pathogens and Toxins Act and Regulations. Controlled activities include possessing, producing, storing, permitting access to, transferring, importing or exporting, releasing, and disposing of a human pathogen and toxin.

Ethical Conduct for Research Involving Humans

The Tri-Council Policy Statement: Ethical Conduct for Research Involving Humans (TCPS) is a joint policy of Canada's three federal research agencies – the Canadian Institutes of Health Research (CIHR), the Natural Sciences and Engineering Research Council of Canada (NSERC), and the Social Sciences and Humanities Research Council of Canada (SSHRC). It expresses the Agencies' continuing commitment to the people of Canada to promote the ethical conduct of research involving humans, informed, in part, by leading international ethics norms, to help to guide Canadian researchers, in Canada and abroad, in the conduct of research involving humans. Its Chapter 9 concerns research with and for First Nations, Inuit and Métis Peoples, which may include the bridging of Indigenous Knowledge that such Peoples hold.

Importing genetic resources to Canada and between provinces and territories

The Canadian Food Inspection Agency (CFIA) regulates the import of food, plants or animals, animal products and by-products, including on the intentional import and handling of invertebrates and micro-organisms with potential to cause harm to plant and animal health in Canada, under the Plant Protection Act, Plant Protection Regulations, Health of Animals Act, and associated memoranda, directives, standards and guidelines.

The Public Health Agency of Canada and the Canadian Food Inspection Agency regulate the importation of animal pathogens or part of one (e.g., toxin), animals naturally or experimentally exposed to an animal pathogen or part of one, and animal products or by-products (e.g., tissue, serum), or other organisms carrying an animal pathogen or part of one, under the Health of Animals Act and Regulations.

The National Code on Introductions and Transfers of Aquatic Organisms provides federal, territorial and provincial governments with a consistent process for assessing potential impacts of moving aquatic organisms from one water body or facility to another. Fisheries and Oceans Canada administers the Code under the Fishery (General) Regulations and issues licenses to authorize the intentional release and transfer of live aquatic organisms into fish-bearing waters or fish-rearing facilities in all provinces and territories, except in Quebec (in freshwater), Ontario, Manitoba, Saskatchewan, and Alberta where provincial officials authorize those activities. Deliberate movements of fish products of biotechnology, including genetically engineered organisms, are coordinated, where appropriate, with Environment and Climate Change Canada and Health Canada.

The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and its Wild Animal and Plant Trade Regulations (WAPTR) aim to protect certain species of animals and plants, particularly by implementing the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and regulating international and interprovincial trade in animals and plants.

WAPPRIITA and WAPTR prohibit the import of wild plants and animals and parts and derivatives of wild plants and animals that were taken, possessed, distributed or transported in contravention of any foreign state’s laws. Such foreign laws may include legal requirements to obtain prior informed consent and to enter into mutually agreed terms for access to genetic resources.

Contact us

If you have questions, please contact Canada’s ABS National Focal Point

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