Sustainability Regulations

N.S. Reg. 148/2001

Nova Scotia — Regulations

Sustainability Regulations

N.S. Reg. 148/2001

Nova Scotia — Regulations

This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Registry of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with the Registry that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright © 2009, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Forest Sustainability Regulations

made under

Section 40 of the

Forests Act

R.S.N.S. 1989, c. 179

and

Section 15 of the

Finance Act

S.N.S. 2010, c. 2

O.I.C. 2001-570 (December 7, 2001), N.S. Reg. 148/2001

as amended up to O.I.C. 2007-299 (May 25, 2007), N.S. Reg. 284/2007

Citation

1 These regulations may be cited as the Forest Sustainability Regulations .

Definitions

2 In these regulations

(a) “commercial” means, in reference to trees, having potential value for

commerce or trade;

Clause 2(

a) added: O.I.C. 2007-299, N.S. Reg. 284/2007.

(aa) “estimated required value” means the total value of a plan calculated pursuant

to subsection 10(3) to be included in a proposal;

Clause 2(

a) re-lettered (aa): O.I.C. 2007-299, N.S. Reg. 284/2007.

(b)“export” means export from the Province;

(c) “former regulations” means the Forest Sustainability Regulations made by

Order in Council 2000-148 dated April 5, 2000;

(d) “Fund” means the Sustainable Forestry Fund established by

Section 19A of the

Forests Act ;

(e)“import” means import into the Province;

(f) “industrial landowner” means a landowner who owns a wood processing

facility;

Clause 2(

f) amended: O.I.C. 2004-5, N.S. Reg. 2/2004.

(g) “industrial lands” means lands owned by an industrial landowner;

(h) “plan” means a wood acquisition plan as described in

Section 3;

(i) “private landowner” means a landowner who does not own a wood processing

facility;

(j) “private lands” means lands owned by a private landowner;

(k) “proposal” means a part of a plan submitted pursuant to

Section 5;

(l) “registered buyer” means a person who

(

i) owns or operates a wood processing facility in the Province,

(ii) exports, or possesses for export, primary forest products,

(iii) imports primary forest products,

(iv) sells or acquires for sale more than 1000 m 3 solid of primary forest

products as a fuel, or

(

v) acquires primary forest products for producing energy;

Clause 2(

l) replaced: O.I.C. 2004-5, N.S. Reg. 2/2004.

(m) “report” means a part of a plan submitted pursuant to

Section 6;

(n) “required value” means the total value of a plan calculated pursuant to

subsection 10(1) to be included in a report;

(o) “ RSR Regulations ” means the Registration and Statistical Returns Regulations

made pursuant to the Forests Act ;

(p) “site” means an area where silviculture has been undertaken and completed;

(q) “third party” means any private landowner, individual, corporation, partnership

or organization that administers or implements a silviculture program on

behalf of a registered buyer;

(qa) “wood chips” means chips that are generated from a primary forest product by

a wood processing facility and that are transferred to a registered buyer for use

in secondary manufacturing or processing and reported pursuant to subclause

5(4)(a)(

v) of the RSR Regulations ;

Clause 2(qa) added: O.I.C. 2004-5, N.S. Reg. 2/2004.

(r) “year-end account” means a statement of credits and deficiencies as calculated

in Form D,

Part IV.

Wood acquisition plan

3 A plan shall consist of a proposal and a report.

Plan options

(1) The estimated required value and the required value shall be met by either of the

following options, or a combination of the following options:

(

a) a silviculture program in accordance with

Section 8; or

(

b) a financial contribution to the Fund in accordance with

Section 7.

(2) A registered buyer shall specify in a proposal the amount of the estimated required

value to be met by each option set out in subsection (1).

(3) A registered buyer shall specify in a report the amount of the required value to be

met by each option set out in subsection (1).

Proposal submission requirement

(1) A registered buyer who acquires or intends to acquire in any calendar year primary

forest products from within Nova Scotia from industrial landowners or private

landowners in an amount equal to or greater than a volume of 5000 m 3 solid shall

submit a proposal to the Minister for approval, on or before February 28 of that year.

(2) Despite subsection (1), if after February 28 in any year, a person becomes a

registered buyer who is required to file a proposal pursuant to subsection (1), the

person shall file the proposal within 30 days.

(3) A person who was a registered buyer and acquired primary forest products in the

previous calendar year in an amount set out in subsection (1) is deemed to intend to

acquire primary forest products in the current calendar year and shall submit a

proposal in accordance with this Section.

(4) A proposal required pursuant to subsection (1) shall be in Form C and shall include

(a)a calculation of the estimated required value; and

(

b) a selection of options pursuant to subsection 4(2) for meeting the estimated

required value.

Report submission requirement

(1) A registered buyer who acquired in any calendar year primary forest products from

within Nova Scotia from industrial landowners or private landowners in an amount

equal to or greater than a volume of 5000 m 3 solid shall submit a report to the

Minister for approval, on or before February 28 of the year immediately following

the year the primary forest products were acquired.

(2) Despite subsection (1), if a person who was a registered buyer submitted a plan that

reported deficiencies, the person shall meet these deficiencies in the year the

deficiencies were reported and shall submit a report to the Minister for approval on

or before February 28 of the subsequent year.

(3) The report required pursuant to subsections (1) and (2) shall be in Form D and shall

(

a) include

(

i) a calculation of the required value,

(ii) adjustments to the required value using credits and deficiencies from

previous year(s),

(iii) a

summary of silviculture completed and payments made to the Fund for

meeting the required value,

(iv) a

summary and details for the silviculture program completed,

(

v) a completed year-end account statement; and

(

b) be accompanied, in a form and format specified by the Minister, by accurate

and complete information on the following for each site where silviculture has

been completed

(

i) the geographical coordinates circumscribing the aerial extent of each site

where silviculture has been completed,

(ii) the area in hectares that is covered by the site where silviculture has been

completed,

(iii) the silviculture category and information as specified in

Schedule I that

applies to the silviculture completed,

(iv) the name of the landowner for the site where silviculture has been

completed.

Financial contributions to Fund

(1) A registered buyer shall make all contributions required to be made to the Fund in

accordance with subsection 4(3) no later than at the time of submission of the report

for the year for which the contributions apply.

(2) A registered buyer may make a contribution to the Fund prior to the submission of

the report for the year for which the contributions apply.

(3) If a contribution made to the Fund by a registered buyer prior to the submission of

the report exceeds the contribution required to be made by the registered buyer in

accordance with subsection 4(3), the registered buyer may request in writing that the

excess contribution be returned.

(4) If a contribution made to the Fund by a registered buyer prior to the submission of

the report is less than the contribution required to be made by the registered buyer in

accordance with subsection 4(3), the registered buyer shall submit the contribution

still owing no later than at the time of submission of the report for the year for which

the contributions apply.

Silviculture program

(1) Where a registered buyer selects the option of a silviculture program pursuant to

subsection 4(3), the silviculture program shall

(

a) be administered by one of the following, or a combination of the following:

(i)the registered buyer,

(ii) a registered bargaining agent under the Nova Scotia Primary Forest

Products Marketing Act who has a collective agreement pertaining to

silviculture programs and is administering the silviculture program on

behalf of the registered buyer,

(iii) a third party administering the silviculture program on behalf of the

registered buyer;

(

b) be based on the silviculture categories described and set out in

Schedule 1;

(

c) have silviculture credit values that are based on the value of individual

silviculture credits established by the Minister pertaining to the year for which

the report was submitted;

(

d) be carried out so that the silviculture completed adheres to the technical

standards set out in

Schedule 1;

(

e) be carried out so that no one site can be submitted for more than one

silviculture category except as noted in

Schedule 1; and

(

f) only include silviculture undertaken subsequent to January 1, 1998.

(2) The Minister shall allow a credit equivalent to 10% of the amount of the value of the

completed silviculture program, as calculated in Form D, in consideration of the

costs of administering the silviculture program.

(3) The Minister may adjust the value of individual silviculture credits on an annual

basis and shall notify registered buyers of any adjustments on or before October 31

of the calendar year immediately before the year in which the adjustment shall apply.

(4) A registered buyer shall complete the silviculture program during the calendar year

in which the primary forest products are acquired.

(5) The Minister shall report periodically on the silviculture completed in association

with approved plans.

Monitoring and adherence to technical standards

(1) Despite the approval of a registered buyer’s plan, the Minister shall conduct a

monitoring program to verify that the registered buyer is in compliance with these

regulations, including but not limited to adherence to the technical standards set out

in

Schedule 1.

(2) A registered buyer shall ensure that the silviculture completed and reported in

accordance with

Section 6, continues to adhere to the technical standards set out in

Schedule 1 for 18 months following the submission of the report.

(3) If, as a result of the monitoring program, it is determined that a registered buyer’s

site with respect to which a report has been submitted has failed to adhere to the

technical standards set out in

Schedule 1, the silviculture credit calculated for that

site in effect for the year for which the report was submitted plus the credit

previously allowed for administration costs shall be deemed to be a deficiency

applied to the registered buyer’s plan for the year following notification.

(4) If, as a result of the monitoring program, it is determined that the area in hectares that

is covered by a site where silviculture has been completed is less than what was

reported by the registered buyer in accordance with Form D,

Part V, the Minister

shall recalculate the silviculture credit and the difference in silviculture credit

calculated for that site plus the credit previously allowed for administration costs

shall be deemed to be a deficiency applied to the registered buyer’s plan for the year

following notification.

(5) If, as a result of the monitoring program, it is determined that the area in hectares that

is covered by a site where silviculture has been completed is larger than what was

reported by the registered buyer in accordance with Form D,

Part V, the Minister

shall recalculate the silviculture credit and the difference in the silviculture credit

calculated for that site plus the credit allowed for administration costs in accordance

with subsection 8(2) shall be deemed to be a credit applied to the registered buyer’s

plan for the year following notification.

(6) The Minister shall give notice of a deficiency applied pursuant to subsection (3) or

(4) by personal service on the registered buyer or by registered mail to the address of

the registered buyer as noted on Form A of the RSR Regulations .

Calculation of required value and estimated required value

(1) For the purposes of a report, the required value shall be calculated using the

following formula:

[(A x B) + C x D)] = E

(

a) where A is the volume of softwood primary forest products acquired in the

relevant calendar year by the registered buyer from within Nova Scotia from

industrial landowners and private landowners and reported in Form B, Parts II

and III of the RSR Regulations plus the volume of softwood wood chips

acquired from registered buyers, less the volume of softwood wood chips

generated and transferred to other registered buyers, in the relevant calendar

year and reported in

Part VI of Form B of

Schedule 1 to the RSR Regulations ;

Clause 10(1)(

a) amended: O.I.C. 2004-5, N.S. Reg. 2/2004.

(

b) where B is the rate of $3.00 per m 3 solid of softwood primary forest products;

(

c) where C is the volume of hardwood primary forest products acquired in the

relevant calendar year by the registered buyer from within Nova Scotia from

industrial landowners and private landowners and reported in Form B, Parts II

and III of the RSR Regulations plus the volume of hardwood wood chips

acquired from registered buyers, less the volume of hardwood wood chips

generated and transferred to other registered buyers, in the relevant calendar

year and reported in

Part VI of Form B of

Schedule 1 to the RSR Regulations ;

Clause 10(1)(

c) amended: O.I.C. 2004-5, N.S. Reg. 2/2004.

(

d) where D is the rate of $0.60 per m 3 solid of hardwood primary forest products;

(

e) where E is the required value.

(2) Despite subsection (1), if the actual volume of primary forest products acquired in

the relevant calendar year by the registered buyer from within Nova Scotia from

industrial landowners and private landowners and reported in Form B, Parts II and III

of the RSR Regulations is less than 5000 m 3 solid, then E is deemed to be zero.

(3) For the purposes of a proposal, the value of E is the estimated required value and

shall be calculated in accordance with the formula set out in subsection (1) except

that the values of A and C shall be based upon estimated volumes of primary forest

products intended to be acquired in the current year, instead of actual volumes

acquired.

(4) The rates set out in clauses (1)(

b) and (

d) shall be reviewed by the Minister at least

every 5 years.

Adjustments to required value

11 The required value may be decreased

(

a) by applying credits from approved plans submitted by the registered buyer

from previous years;

(

b) as a result of a credit identified through monitoring in accordance with

Section

9; or

(

c) as a result of a credit for administration costs associated with a silviculture

program in accordance with subsection 8(2).

12 The required value shall be increased by

(

a) adding deficiencies carried forward from the approved plan submitted by the

registered buyer for the previous calendar year; or

(

b) adding deficiencies identified through monitoring in accordance with

Section

Carry-forward and deficiency provisions

(1) Subject to subsection (4), if the total value of credits and payments reported by the

registered buyer in Form D,

Part IV is less than the total of the required value and

any deficiencies from the previous year as calculated in Form D,

Part IV, the

difference shall be deemed to be a deficiency applied to the registered buyer’s plan

for the following year.

Subsection 13(1) amended: O.I.C. 2007-299, N.S. Reg. 284/2007.

(2) If the total value of credits and payments reported by the registered buyer in Form D,

Part IV is more than the total of the required value and any deficiencies from the

previous year as calculated in Form D,

Part IV, the difference shall be deemed to be

a credit applied to the registered buyer’s plan for the following year.

(3) Carry-forward credits and deficiencies shall be calculated and applied according to

the proportion of the volume of primary forest products acquired and reported by the

registered buyer in Form D,

Part III.

(4) Whether their volume of primary forest products is acquired from an industrial

landowner or a private landowner, a registered buyer shall not

(

a) have a deficiency greater than 20% of their respective required values; or

(

b) carry forward a deficiency for longer than 1 year.

Subsection 13(4) replaced: O.I.C. 2007-299, N.S. Reg. 284/2007.

(5) A registered buyer may carry forward a non-refundable credit in excess of the

required value.

(6) If a registered buyer has deficiencies in excess of 20% of the required value, interest

shall accrue on the amount due and payable from time to time at the rate of interest

published by the Bank of Canada as the Chartered Bank’s Administered Interest

Rates - Prime Business Loan in effect in the first week of January of the year in

which the interest is payable plus 3% compounded monthly commencing February

28 of the year in which the report was due to be submitted.

Approval of plan

(1) A plan shall be approved by the Minister provided that the registered buyer has met

the requirements of the regulations.

(2) The Minister shall notify a registered buyer within 60 days of the submission of a

report as to whether the plan is approved.

(3) The Minister shall give notice pursuant to subsection (1) by personal service on the

registered buyer or by registered mail to the address of the registered buyer as noted

on Form A of the RSR Regulations .

(4) The Minister may request additional information from a registered buyer in support

of a plan.

Revocation of registration

(1) The Minister may revoke the registration of a registered buyer under the RSR

Regulations , where the registered buyer

(

a) fails to submit a plan, or part thereof, as required by these regulations;

(

b) submits false information in a plan, or part thereof;

(

c) acquires primary forest products after receiving notice pursuant to

Section 14

that a plan has not been approved; or

(

d) fails to make required payments to the Fund.

(2) The Minister shall give notice of a revocation made pursuant to subsection (1) by

personal service on the registered buyer or by registered mail to the address of the

registered buyer as noted on Form A of the RSR Regulations .

Offences

16 Every registered buyer who fails to submit a plan, or part thereof, as required by these

regulations, is guilty of an offence.

17 Every registered buyer who submits false information in a plan, or part thereof, is guilty of

an offence.

18 Every registered buyer who acquires primary forest products after receiving notice

pursuant to

Section 14 that a plan has not been approved, is guilty of an offence.

Section 19 repealed: O.I.C. 2007-299, N.S. Reg. 284/2007.

19A(1) A registered buyer who has submitted a plan for the calendar year 2003 shall carry

out the program in adherence with the technical standards set out in

Schedule 1 that

were in force before January 1, 2004.

(2) The required value of a report to be submitted for the calendar year 2003 shall be

calculated in accordance with

Section 10, except that 70% of the volume of primary

forest products acquired in the calendar year 2003 specified in clauses 10(1)(

a) and

(

c) must be used for the values A and C.

Section 19A added: O.I.C. 2004-5, N.S. Reg. 2/2004.

Schedule 1

Technical Standards

Forest Sustainability Regulations

General requirements for all silviculture categories

1 No site where silviculture has been conducted can be submitted under more than one

silviculture category in any given year, except for any of the following silviculture category

combinations, which can be submitted for the same year:

(a) 1 and 3;

(b) 2 and 3;

(c) 6 and 7(b);

(d) 7(

a) and (b);

(e) 7(

b) and (c);

(f) 1(

b) and 7(c).

2 Only silviculture undertaken after January 1, 1998, is eligible.

(1) No site where silviculture has been conducted and the credit has been claimed can be

reclaimed in the same silviculture category during the life of the forest stand on that

same site, except for categories 7(

a) and (

c) where minimum reclaim periods apply.

(2) Sites claimed for categories 7(

a) and 7(

c) are not subsequently eligible for categories

1 to 6.

4 For a silviculture program to be considered as a softwood or hardwood program, the

following conditions apply:

Hardwood silviculture program

- 25% or more of the trees on each site claimed in the program must be commercial

hardwood trees

- limited to silviculture categories 1, 3, 5, 6, and 7

Softwood silviculture program

- 25% or more of the trees on each site in the program must be commercial softwood

trees

- all silviculture categories apply to the softwood silviculture program.

Technical Standard for Completed Silviculture

Silviculture Category 1: Natural Regeneration Establishment

(

a) Regeneration and fill plant less than 300/ha

Minimum

Maximum

Limitations

• the site must contain at least 1500

commercial crop trees per hectare

• the minimum acceptable stocking level of

commercial crop trees on the site is

equivalent to 80% at 2.4 x 2.4 m spacing

• the height of commercial crop trees must be

10 cm or greater

• the average height of

commercial softwood species

for the site must be 2 m or

less

• the average height of

commercial hardwood

species for the site must be

6 m or less

• commercial crop tree species must be

listed by percent for each site

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

(

b) Regeneration and fill plant 300/ha or greater

Minimum

Maximum

Limitations

• the site must contain at least 1500

commercial crop trees per hectare

• the minimum acceptable stocking level of

commercial crop trees on the site is

equivalent to 80% at 2.4 x 2.4 m spacing

• the height of commercial crop trees must be

10 cm or greater

• the site must contain at least 300 living

planted trees per hectare

• commercial crop tree species must be

listed by percent for each site

• average height in metres for up to 2

height classes of the listed commercial

crop tree species must be submitted for

each site

Silviculture Category 2: Plantation

(

a) Plantation Establishment

Minimum

Maximum

Limitations

• the site must contain at least 1500 living

planted/natural softwood commercial crop

trees per hectare

• the minimum acceptable stocking level of

commercial softwood crop trees on the site

is equivalent to 85% at 2.4 x 2.4 m spacing

• the site must contain at least 900 living

planted trees per hectare

• the maximum acceptable

stocking level of naturally

regenerated commercial

softwood crop trees on the

site is equivalent to 50% at

2.4 x 2.4 m spacing

• commercial softwood crop tree species

must be listed by percent for each site

• a plantation establishment site may be

submitted for a silviculture credit in the

year in which it was planted

• this category can only be claimed for

softwood species

(

b) Intensive Plantation

Minimum

Maximum

Limitations

• the site must contain at least 2000 living

planted/natural softwood commercial crop

trees per hectare

• the minimum acceptable stocking level of

commercial softwood crop trees on the site

is equivalent to 90% at 2.1 x 2.1 m spacing

• the average height of the softwood crop

trees must be at least 1.2 m

• the site must contain at least 1500 softwood

crop trees per hectare that are released on

the site

• the maximum acceptable

stocking level of naturally

regenerated commercial

softwood crop trees on the

site is equivalent to 50% at

2.4 x 2.4 m spacing

• commercial softwood crop tree species

must be listed by percent for each site

• this category can only be claimed for

softwood species

• successful claim for category 2 or 2(

a) required

Silviculture Category 3: Early Competition Control

Minimum

Maximum

Limitations

• the site must contain at least 1500 living

planted/natural commercial softwood

and/or hardwood crop trees per hectare that

are released on the site

• the minimum acceptable stocking level of

commercial crop trees on the site must be

equivalent to 80% for natural stands and

85% for plantations, at 2.4 x 2.4 m spacing

• plantation sites must contain a minimum of

900 planted trees per hectare that are

released on each site

• commercial softwood and/or hardwood

crop tree species must be listed by

percent for each site

• this category applies to both natural

stands and plantations

• evidence of manual or chemical treatment

is required

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

Silviculture Category 4: Density Control and Release in Plantations

Minimum

Maximum

Limitations

• the average height of softwood crop trees

on the site must be at least 2 m

• the number of commercial softwood crop

trees on the site must be at least 1500/ha

• the minimum acceptable stocking level for

commercial softwood crop trees is

equivalent to 85% at 2.4 x 2.4 m spacing

• the average height of trees on

the site must not be greater

than 6 m

• the number of commercial

softwood crop trees on the

site must not be more than

3500/ha

• commercial softwood crop tree species

must be listed by percent for each site

• this category can be claimed for a

silviculture credit for softwood

plantations only

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

Silviculture Category 5: Density Control and Release in Natural Stands

Minimum

Maximum

Limitations

• the average height of commercial softwood

crop trees on the site must be at least 2 m

• the average height of commercial hardwood

crop trees on the site must be at least 6 m

• the number of commercial crop trees on the

site must be at least 1500/ha

• the acceptable minimum level of stocking

of commercial crop trees on the site must

be equivalent to 80% at 2.4 x 2.4 m spacing

• the average height of

commercial softwood crop

trees on the site must be no

greater than 7 m

• the average height of

commercial hardwood crop

trees on the site must be no

greater than 9 m

• the number of commercial

crop trees on the site must not

be more than 3500/ha

• commercial crop tree species must be

listed by percent for each site

• this category can be claimed for a

silviculture credit for naturally

established stands only, not previously

claimed plantation sites

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

Silviculture Category 6: Commercial Thinning

Minimum

Maximum

Limitations

• the post-treatment residual basal area must

be at least 16 m 2 /ha

• the post-treatment residual

basal area for softwood

silviculture sites must not be

larger than 30 m 2 /ha

• the post-treatment residual

basal area for hardwood

silviculture sites must not be

larger than 24 m 2 /ha

• commercial crop tree species must be

listed by percent for each site

• the basal area of remaining commercial

crop trees must be made up of no more

than 50% of balsam fir, and no more than

25% of poplar and red maple combined

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

Silviculture Category 7: Forest Quality Improvement

(

a) Crop tree release

Minimum

Maximum

Limitations

• the number of commercial crop trees

released must be at least 100

• the average diameter measured at 1.3 m

from ground of released commercial crop

trees must be at least 15 cm with no crop

tree smaller than 10 cm in diameter

• the total post-treatment residual basal area

must be at least 15 m 2 /ha

• the number of commercial

crop trees released must not

be more than 125/ha

• commercial crop tree species must be

listed by percent for each site

• acceptable commercial crop tree species

include sugar maple, yellow birch, white

ash, red oak, eastern white pine, red pine,

white birch, red spruce, red maple and

eastern hemlock

• crop tree crowns must be released on at

least 3 sides

• a silviculture credit cannot be claimed for

the same site more than once in a 10-year

period

• released crop trees must be marked for

identification on each site

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

(

b) Crop tree pruning

Minimum

Maximum

Limitations

• the number of commercial crop trees

pruned must be at least 125/ha

• the pruned height of a crop tree must be at

least 5 m

• the average height of commercial crop trees

must be at least 8 m

• commercial crop tree species must be

listed by percent for each site

• acceptable commercial crop tree species

include sugar maple, yellow birch, white

ash, red oak, eastern white pine, red pine,

white birch and red maple

• average height in metres of the listed

commercial crop tree species must be

submitted for each site

(

c) Selection management for tolerant softwood, mixed wood or hardwood stands

Minimum

Maximum

Limitations

Total post-treatment basal area:

• must be at least 16 m 2 /ha

• must contain at least 5 m 2 /ha basal area of

the following tolerant species: red spruce,

white pine, eastern hemlock, eastern cedar,

balsam fir, sugar maple, yellow birch,

beech, red oak, white ash

Number of height classes post-treatment:

• there must be 3 height classes or more on

the site with a minimum difference of 3 m

in average height between height classes,

and one height class must have an average

height of greater than 10 m

Stocking of crop trees:

• the minimum acceptable stocking level for

commercial crop trees is 80% at 2.4 x 2.4 m

or equivalent spacing for each site

Total post-treatment basal

area :

• must be smaller than 30 m 2

/ha

• commercial crop tree species must be

listed by percent for each site

• a silviculture credit cannot be claimed on

the same site more than once in a 10-year

period

• average height in metres of the listed

commercial crop tree species in the upper

canopy must be submitted for each site

Spacing of crop trees:

• the minimum acceptable spacing for

softwood species with a height of 3 m to

7 m is 1.5 m

• the minimum acceptable spacing for

hardwood species with a height of 6 m to

9 m is 1.5 m

Schedule 1 replaced: O.I.C. 2007-299, N.S. Reg. 284/2007.

Schedule 2

Forms

Form C - Wood Acquisition Plan: Proposal

Part I - Submission of Plan

Year:

Registered buyer ID:

Registered buyer name:

Business type:

Wood Acquisition Plan Proposal Submission:

(please mark which forms are included in this submission)

Form C,

Part II Calculation of Estimated Required Value

Form C,

Part III Selection of Options

Submission and approval of the wood acquisition plan comprising this proposal and the

report in Form D constitutes an agreement between the registered buyer and the Minister .

Signature of registered buyer Date

Signature of witness Date

Signature of Minister or delegate Date

Signature of witness Date

Form C - Wood Acquisition Plan : Proposal

Part II - Calculation of Estimated Required Value

Year:

Registered buyer ID:

Registered buyer name:

Calculation of Estimated Required Value Based on Primary Forest Products and Wood

Chips Intended to be Acquired from within Nova Scotia

Primary forest products and

wood chips to be acquired from

within Nova Scotia

Volume

(m 3 solid*)

Plus Volume

Chips**

Acquired

(m 3 solid)

Minus Volume

Chips**

Transferred

(m 3 solid)

Net Volume for

Required Value

(m 3 solid)

Rate

Estimated

Required

Value

Softwood

Industrial lands

$3.00

Private lands

$3.00

Hardwood

Industrial lands

$0.60

Private lands

$0.60

Total estimated required value

*Volumes of Primary Forest Products (PFP) are to be converted to cubic meters solid from other units using conversion

factors used under the Registration and Statistical Returns Regulations .

**Wood chips from Registration and Statistical Returns Regulations , Form B,

Part VI

Form C,

Part II replaced: O.I.C. 2004-5, N.S. Reg. 2/2004.

Form C - Wood Acquisition Plan: Proposal

Part III - Selection of Options

Year:

Registered buyer ID:

Registered buyer name:

Contributions to Sustainable Forestry Fund (SFF) Proposed Silviculture Program (PSP)

Estimated Required

Value to SFF

Estimated Required

Value to PSP

Softwood

Industrial lands

Softwood

Industrial lands

Private lands

Private lands

Hardwood

Industrial lands

Hardwood

Industrial lands

Private lands

Private lands

Total estimated required payment

Total estimated required value to PSP

Form D - Wood Acquisition Plan: Report

Part I - Submission of Plan

Year:

Registered buyer ID:

Registered buyer name:

Business type:

Wood Acquisition Plan Report Submission:

(please mark which forms are included in this submission)

Form D,

Part II

Calculation of Required Value

Form D,

Part III

Silviculture Program and SFF Payments Completed

Form D,

Part IV

Year-end Account Statement

Form D,

Part V

Form and Format of Silviculture Site Submissions

Sustainable Forestry Fund: (indicate payment(

s) submitted)

Payment to Sustainable Forestry Fund included in this submission

Interim payment(

s) made prior to submission

I certify that the information given in this report is correct and complete and fully discloses

my wood acquisitions and Wood Acquisition Plan requirements.

Signature of registered buyer Date

Signature of witness Date

Approval of the wood acquisition plan comprising this report and the proposal in Form C

constitutes an agreement between the registered buyer and the Minister

Signature of Minister or delegate Date

Signature of witness Date

Form D - Wood Acquisition Plan: Report

Part II - Calculation of Required Value

Year:

Registered buyer ID:

Registered buyer name:

Calculation of Required Value Based on Primary Forest Products and Wood Chips

Acquired from within Nova Scotia

Primary forest products and wood

chips acquired from within Nova

Scotia

Volume

PFP

(m 3 solid*)

Plus Vol.

Chips**

Acquired

(m 3 solid)

Minus Vol.

Chips**

Transferred

(m 3 solid)

Net Volume

for Required

Value

(m 3 solid)

Rate

Required

Value

Softwood

Industrial lands

$3.00

Private lands

$3.00

Hardwood

Industrial lands

$0.60

Private lands

$0.60

Total required Value

*Volumes of Primary Forest Products (PFP) are to be converted to cubic meters solid from other units using conversion

factors used under the Registration and Statistical Returns Regulations .

**Wood chips from Registration and Statistical Returns Regulations , Form B,

Part VI

Adjustments to Required Value Using Credits/Deficiencies from Prior Year(

s) Credits Carried Forward

Credits Available

Credits

Applied

Current Year

Remaining

Credits

Carried

Forward

Carried Forward

From Prior

Years

From

Monitoring

Total

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Deficiencies

Deficiencies

from

Previous Year

Deficiencies

from

Monitoring

Total Deficiencies

Applied

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Total deficiencies

Form D,

Part II replaced: O.I.C. 2004-5, N.S. Reg. 2/2004.

Form D - Wood Acquisition Plan: Report

Part III - Silviculture Program and SFF Payments Completed

Year:

Registered buyer ID:

Registered buyer name:

Program Completed:

Summary of Completed Silviculture and Payments

Total SFF Payments

Current Year

Completed Silviculture

Credit

Silviculture Credits

+ 10% Admin

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Silviculture Program Completed: Details

Softwood Program

Industrial lands

Area Hectares

Credit/ha

Silviculture Credit

Silviculture Category

Softwood

a) Natural Regeneration + fill plant (< 500/ha)

b) Natural Regeneration + fill plant ( ≥ 500/ha)

2. Plantation Establishment

3. Early Competition Control

4. Plantation: Density Control & Release

5. Natural: Density Control & Release

6. Commercial Thinning

a) Crop Trees Released

b) Crop Trees Pruned

c) Selection Managed

Sub Total

Private lands

Area Hectares

Credit/ha

Silviculture Credit

Silviculture Category

Softwood

a) Natural Regeneration + fill plant (< 500/ha)

b) Natural Regeneration + fill plant ( ≥ 500/ha)

2. Plantation Establishment

3. Early Competition Control

4. Plantation: Density Control & Release

5. Natural: Density Control & Release

6. Commercial Thinning

a) Crop Trees Released

b) Crop Trees Pruned

c) Selection Managed

Sub Total

Hardwood Program

Industrial lands

Area Hectares

Credit/ha

Silviculture Credit

Silviculture Category

Hardwood

a) Natural Regeneration + fill plant (< 500/ha)

b) Natural Regeneration + fill plant (≥ 500/ha)

5. Natural: Density Control & Release

6. Commercial Thinning

a) Crop Trees Released

b) Crop Trees Pruned

c) Selection Managed

Sub Total

Private lands

Area Hectares

Credit/ha

Silviculture Credit

Silviculture Category

Hardwood

a) Natural Regeneration + fills (< 500/ha)

b) Natural Regeneration + fills (≥ 500/ha)

5. Natural: Density Control & Release

6. Commercial Thinning

a) Crop Trees Released

b) Crop Trees Pruned

c) Selection Managed

Sub Total

Form D - Wood Acquisition Plan: Report

Part IV - Year-end Account Statement

Year:

Registered buyer ID:

Registered buyer name:

Summary of Credits from Prior Years and Current Year

Credits Applied

from Prior Years

Total Payments

to SFF Current Year

Silviculture

Credits + 10%

Administration

Total of Credits

and Payments

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Total Payment for Current Year

2. Statement of Account Balance

Total of Credits

and Payments

to PSP

Total

Deficiencies

Remaining

Credits

Balance

Required Value

from

Part II

Year-end Account Balance Credit

(+ or -) Deficiency

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Current Year

Credits

Prior Year

Unused Credits

Current and Prior Year Credits

to Carry Forward

Current Year Deficiencies to Carry

Forward ( ≤ 20% of

Required Value)

Softwood

Industrial lands

Private lands

Hardwood

Industrial lands

Private lands

Form D - Wood Acquisition Plan: Report

Part V - Form and Format of Silviculture Site Submissions

Year:

Registered buyer ID:

Registered buyer name:

Data Submitted

From

Period of Silviculture Completed Included in this Report

Type

Format

Number

Submitted

Form in which data is submitted:

Disk

Data submitted must include:

i) geographical coordinates circumscribing the site

ii) area in hectares of each site

iii) identification of silviculture category

iv) name of landowner

E-mail/FTP

Tape

Other (specify)

Format of data submitted

Arc/Info Format:

e00 (export file)

MTM ATS77 □

UTM NAD83 □

Arc/Info Format:

generate files

Other digital file

format (specify)

Signature of registered buyer Date

Document details

CollectionNova Scotia — Regulations
CitationN.S. Reg. 148/2001
Date2001-01-01
Typeregulation
Volume / chapterjust regulations regs fosust.htm
Languageen
Formathtm
SourcePROVINCIAL
Identifier0fa98d5ee5d147a984f791b5f560048a6ca4f233

Source file is stored in the law ingest library (htm).