CLEAN FUEL STANDARD
LAND USE AND BIODIVERSITY 
CRITERIA -UPDATE
May 2022CONTENTS
21) Coming Into Force
2) Wildlife Habitat
3) Forest Regeneration
4) Legislative Recognition –Canadian Analysis1) COMING INTO FORCECOMING INTO FORCE
•December 2021 Approach: Material balancing verification will 
occur as of January 1, 2023, and LUB requirements (including 
declarations) will come into force on January 1, 2024.
•Considerations: All non -palm feedstock volumes are compliant 
with the LUB criteria before January 1, 2024. Thus, material 
balancing and declarations prior to the coming into force date 
are not required.
•CGII Approach: All LUB requirements, including material 
balancing and declarations, will come into force on January 1, 
2024.
–The CFR low carbon intensity fuel (LCIF) supply chain will have time 
to implement the LUB criteria requirements and alter their practices to 
ensure compliance.
–This approach provides time for LR applications to be submitted and 
reviewed to inform harvester compliance decisions.
–All feedstock harvested prior to January 1, 2024, is LUB -compliant.
4Coming Into 
Force2) WILDLIFE HABITATWILDLIFE HABITAT
•December 2021 Approach: “Vulnerable ecosystems” was included to 
ensure sensitive and rare ecosystems are kept intact, regardless of 
whether rare, vulnerable, or threatened species are present.
•Considerations: “Vulnerable ecosystems” is not uniformly defined 
throughout industry, leading to confusion with respect to the term’s scope.
•CGII Approach: Remove “vulnerable ecosystems” as protection of these 
areas is largely covered by other LUB criteria. The criterion prohibits 
feedstock cultivation and harvest in the habitat of any rare, vulnerable, or 
threatened species.
–This approach removes ambiguity.
–Protection of rare or sensitive ecosystems will continue to be achieved through 
other aspects of the LUB criteria such as:
•Protection of rare, vulnerable, or threatened species;
•Harvest prohibition on excluded lands(most vulnerable ecosystems fit the definition of 
excluded lands); and
•Implementation of forest management plans (requires protection of biodiversity, 
water and soil quality and quantity, as well as watercourse connectivity).
–The name of this criterion was changed from "protected areas" to "wildlife 
habitat" to better reflect its scope and intent.
6Wildlife 
Habitat3) FOREST REGENERATIONFOREST REGENERATION
•December 2021 Approach: Forest management plans 
must promote natural regeneration of harvested areas or 
replanting within four years of the harvest date.
•Considerations: Several PTs raised concerns with the 
specificity of the current wording, stating that it was too 
prescriptive to adequately consider ecosystem -specific 
circumstances.
•CGII Approach: "Forest management plans must promote 
timely regeneration to the pre -harvesting condition".
–This wording ensures that regeneration is successful following 
planting.
–Allows more flexibility to consider ecosystem -specific 
frameworks and scenarios that achieve the same goals.
8Forest 
Regeneration4) LEGISLATIVE RECOGNITION –
CANADIAN ANALYSISLEGISLATIVE RECOGNITION –
CANADIAN ANALYSIS
•The intended outcome of the wildlife habitat criterion is 
achieved by the federal Species at Risk Act ; therefore, this act 
can be used to provide Canada -wide compliance for both 
agricultural and forest feedstock.
•The intended outcome of the damaging agents criterion is 
achieved by the federal Plant Protection Act ; therefore, this act 
can be used to provide Canada -wide compliance for both 
agricultural and forest feedstock.
•The intended outcome of the forest watercourse 
connectivity criterion is achieved by the federal Fisheries 
Act; therefore, this act can be used to provide Canada -wide 
compliance for forest feedstock.
•All other criteria eligible for LR (forest regeneration; naturally 
regenerated forest protection; forest soil, water, and 
biodiversity protection) must be met through PT legislation 
approved via LR, certification under an approved CFR -
certification scheme, or on -site documentation retention.
10LR –Canadian 
Analysis