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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 m3 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

4     (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

5     (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 m3 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

6     (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 m3 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

7     (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

8     (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

9     (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

10   (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 m3 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 m3 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 m3 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 9.

 

Carry-forward and deficiency provisions

13   (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

14   (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

15   (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.

 

3     (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 m2/ha

  the post-treatment residual basal area for softwood silviculture sites must not be larger than 30 m2/ha

  the post-treatment residual basal area for hardwood silviculture sites must not be larger than 24 m2/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 m2/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 m2/ha

  must contain at least 5 m2/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 m2 /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

(m3 solid*)

Plus Volume

 Chips**

Acquired

 (m3 solid)

Minus Volume Chips**

Transferred

(m3 solid)

Net Volume for

Required Value

(m3 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

(m3 solid*)

Plus Vol. Chips**

Acquired

(m3 solid)

Minus Vol. Chips**

Transferred

 (m3 solid)

Net Volume for Required Value

(m3 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

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

 

 

 

1 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

 

 

 

7 a) Crop Trees Released

 

 

 

7 b) Crop Trees Pruned

 

 

 

7 c) Selection Managed

 

 

 

 

Sub Total

 

 

Private lands

Area Hectares

Credit/ha

Silviculture Credit

  

Silviculture Category

Softwood

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

 

 

 

1 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

 

 

 

7 a) Crop Trees Released

 

 

 

7 b) Crop Trees Pruned

 

 

 

7 c) Selection Managed

 

 

 

 

Sub Total

 

 

 

 

Hardwood Program

Industrial lands


Area Hectares


Credit/ha


Silviculture Credit

 

Silviculture Category

Hardwood

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

 

 

 

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

 

 

 

5. Natural: Density Control & Release

 

 

 

6. Commercial Thinning

 

 

 

7 a) Crop Trees Released

 

 

 

7 b) Crop Trees Pruned

 

 

 

7 c) Selection Managed

 

 

 

 

Sub Total

 

 

Private lands

Area Hectares

Credit/ha

Silviculture Credit

 

Silviculture Category

Hardwood

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

 

 

 

 

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

 

 

 

5. Natural: Density Control & Release

 

 

 

6. Commercial Thinning

 

 

 

7 a) Crop Trees Released

 

 

 

7 b) Crop Trees Pruned

 

 

 

7 c) Selection Managed

 

 

 

 

Sub Total

 

 


Form D - Wood Acquisition Plan: Report

Part IV - Year-end Account Statement

 

Year:

 

 

Registered buyer ID:

 

Registered buyer name:

 

 

 

1. 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

To

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

CD

 

 

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