Supplemental Information on Canada’s Aggregate Compliance 

Approach Petition 

September 13, 2011 

 On January 31, 2011, Canada formally submitted a petition to EPA pursuant to 40 C.F.R. 

§80.1457, requesting approval of an aggregate approach for compliance with the Renewable Fuel 

Standard renewable biomass provisions for planted crops and crop residue from Canada. Among 

the information to be included in a petition, or an explanation why it is not needed, is: “A 

description of any applicable laws, agricultural practices, economic considerations, or other 

relevant factors that had or may have an effect on the use of agricultural lands within the 

geographic boundaries specified [in the petition], including information regarding efficacy and 

enforcement of relevant laws and regulations.”1

 Canada’s petition provides information regarding agricultural practices, economics, 

governmental policy, and other relevant factors that would indicate an aggregate compliance 

approach for crops and crop residues from Canada is appropriate (Petition at 10-12), including 

information similar to that EPA considered for the United States.2 In particular, the Petition 

states that: (a) Federal and provincial government policies promote sustainable agricultural 

practices; (b) the vast majority of Canada’s forestland (over 90%) is under governmental 

ownership and control; and (c) Canada has strong national and provincial policies against 

deforestation. Although no adverse comments were submitted on Canada’s petition, EPA has 

requested additional clarification with respect to Canada’s laws and policies. 

 Canada has numerous laws, regulations and policies that influence land use and that 

would or could restrict expansion of agricultural lands. The following provides a summary of 

the key legislation and policies at the national and provincial level, including international 

commitments, that support Canada’s petition that an aggregate compliance approach is 

warranted. 

Total agricultural lands and forest lands have stayed stable in Canada for decades, 

evidencing Canada’s commitment to land use management and the efficacy of Canada’s current 

laws and policies. Nonetheless, Canada continues to pursue and implement initiatives and 

policies for conservation and the protection of forestland and other native ecosystems, including 

grasslands. 

I. THE MAJORITY OF THE LAND BASE IN CANADA IS SUBJECT TO 

GOVERNMENTAL CONTROL, RESTRICTING THE LANDS AVAILABLE FOR 

AGRICULTURAL PURPOSES. 

 Canadian agriculture is a shared jurisdiction. Provincial and territorial governments 

exercise rights over and have primary responsibility for the management and protection of land 

resources.3

 This includes land use planning legislation and regulation, which determines which 

 

1

 40 C.F.R. §80.1457(b)(5). 

2

 75 Fed. Reg. 76,790, 76,823 (Dec. 9, 2010). 

3

 See Constitution Act, 1867, 30 & 31 Victoria, c. 3 (U.K.), §95. 

1 
parcels of land are used for agricultural purposes and just as importantly, how neighboring 

parcels are used. Municipal governments also play a role in the stewardship of agricultural land 

through the delegation of authority from provincial and territorial governments. The federal 

government is primarily responsible for federal Crown lands, military bases, aboriginal lands, 

and national parks. Of all the land in Canada, approximately 41 percent is federal Crown land 

and 48 percent is provincial Crown land while the remaining 11 percent of Canada’s land is in 

private hands. Almost all agricultural land is privately held. 

A. Public Land Management and Regulation 

1. Federal Crown Lands 

The majority of federal Crown land is situated in the Yukon, the Northwest Territories, 

Nunavut and National Parks, and includes lands reserved in agreements with Aboriginal peoples 

and lands under water (See Attachment: Map of Canada lands). Much of the land base in the 

Yukon and Northwest Territories are in the boreal zone, which is defined as the broad, 

circumpolar vegetation zone of high northern latitudes covered principally with forests and other 

wooded land consisting of cold-hardy trees.4

 In addition to the geographic restrictions noted in 

the Petition (at 12) and below, use of these lands is subject to control by the government, which 

places additional limits on what lands are available for agricultural use. 

The Federal Government through the Minister of Indian Affairs and Northern 

Development is responsible for administering territorial lands and its resources in the Yukon, the 

Northwest Territories and Nunavut through various Acts.5 The Territorial Lands Act, R.S.C., 

1985, c. T-7, governs management of federal Crown lands in the Northwest Territories and 

Nunavut, including their sale or lease.6 Under the Territorial Lands Act, the Governor in 

Council has authority to set aside areas as land management zones for the protection of the 

ecological balance or physical characteristics of any area in the Northwest Territories or Nunavu

(§§4, 5), and may withdraw lands from disposal. Persons using such lands in violation of any 

regulations issued or without authorization may be subject to fines ($5000 for violations of 

regulations and $300 or imprisonment for a term not exceeding six months or to both for

to stop unauthorized use) (§§7, 21). The territorial government for the Northwest Territories has 

certain delegated authority under the Northwest Territories Act, R.S.C., 1985, c. N-27, and for 

Nunavut under the Nunavut Act, S.C. 1993

t 

 failure 

, c. 28. 

 

For the Yukon Territory, the Yukon Act, S.C. 2002, c. 7, delegates authority to the 

Commissioner of the Yukon to regulate use and dispose of public lands (§45). The federal 

government, however, retains authority to set aside lands for protection of natural resources and 

4

 For more information on the boreal zone, see Natural Resources Canada, Boreal zone versus boreal forest, 

http://canadaforests.nrcan.gc.ca/article/borealzonevsforest (last updated Oct. 19, 2010). 5

 Through the Land Claim process, jurisdictional responsibility over certain lands, resources and land uses 

has been transferred to various First Nations and to Aboriginal groups across the North. 

6

 An environmental assessment is required prior to sale or lease of federal Crown lands under the Canadian 

Environmental Assessment Act, S.C. 1992, c. 37, §5. The purposes of this assessment are, among other things, to 

ensure that projects are considered in a careful and precautionary manner before federal authorities take action in 

connection with them, in order to ensure that such projects do not cause significant adverse environmental effects, 

and to encourage responsible authorities to take actions that promote sustainable development and thereby achieve 

or maintain a healthy environment and a healthy economy (§4). 

2 
to prohibit uses that may impact the environment or protected areas (§50). The Yukon Lands 

Act, R.S.Y. Ch. 132, imposes criminal fines for unauthorized use of public lands ($250 or three 

months imprisonment or both). The Yukon is one of the few places in Canada where Crown 

land can be obtained for agricultural purposes.7

 Regulations issued by the Yukon government 

regulate the sale of “agricultural lands,” which are designated by the government as lands 

suitable for agricultural purposes.8

 To be eligible to use such lands, a Farm Development 

Agreement to include provisions governing proper land development and utilization is required, 

which are subject to environmental assessment. 

There currently is limited agriculture production in the Yukon, Northwest Territories and 

Nunavut due to high costs and geographic conditions (e.g., climate, water resources, soil, etc.), 

and there are relatively small populations.9 The main crops grown in these areas are for local 

use and are not currently used in any significant extent for biofuel production. Moreover, there 

are no biofuel facilities in these areas, and transportation of crops to biofuel facilities would 

difficult and expensive. The management of public lands further serves to limit the amount of 

lands available for agricultural purposes. These legal, geographic and economic restrictions 

make it unlikely that any “new” lands would be cleared or cultivated for purposes of growing 

crops for biofuel production. In addition, Canadian federal biofuels regulations have excluded 

certain areas from the regulations, including the Yukon, Newfoundland and Labrador, the 

Northwest Territories, Nunavut, and parts of Quebec due to supply challenges.

be 

10

2. Provincial Crown Lands 

 As shown in the Petition (see Figure 1 at 17), agricultural lands in Canada are largely 

concentrated in the provinces of Alberta, Saskatchewan and Manitoba. Behind these three 

provinces, Ontario and Quebec also have significant areas of agricultural production.11 In 

addition to the geographic conditions that would restrict the expansion of agricultural cropland in 

the areas surrounding these major agricultural lands, each of these provinces has laws and 

regulations in place regarding the use of public lands that would further restrict expansion of the 

area used for agricultural production, which largely occurs on private lands. These laws and 

regulations require approval for use of such lands and include restrictions which are based on, for 

example, the suitability of the land and principles of sustainable development, the size of the lots, 

and the length of time of use. These laws and policies promote the ongoing use of existing 

 

7

 Yukon Energy, Mines and Resources, Agriculture Land Program, 

http://www.emr.gov.yk.ca/agriculture/agriculture_land.html (last updated June 3, 2011). 8

 Lands Act Regulations, O.I.C. 1983/192, §§70-76 (as amended). Agricultural uses are not limited to crop 

production. 

9

 The population in the Yukon is 32,714 (as of December 2007, http://www.gov.yk.ca/facts/population.html); 

in the Northwest Territories is 43,439 (as of July 1, 2009, http://www.gov.nt.ca/research/facts/index.html); in the 

Nunavut is 33,413 (as of April 1, 2011, http://www.gov.nu.ca/eia/stats/). 10 Government of Canada Renewable Fuel Regulations, 

http://www.gazette.gc.ca/rp-pr/p2/2010/2010-09-01/html/sor-dors189-eng.html 11 Based on Census of Agriculture data for 2006, these five provinces represent over 95% of the total amount 

of cropped land and farm area in Canada (see generally http://www40.statcan.gc.ca/101/cst01/agrc25a-eng.htm). In 

addition, currently, the main crop from Canada used for biofuel production in the United States is canola (see 

Petition at 11). Canola production in Canada is also largely concentrated in Alberta, Manitoba and Saskatchewan. 

Thus, the supplemental information focuses on these provinces. 

3 
agricultural land, rather than expansion of agricultural production onto “new” lands that had not 

previously been used for agricultural production. 

In Alberta, the Public Lands Act, R.S.A. 2000, c. P-40, grants broad authority to classify 

public lands and declare what types of uses are allowed under different classifications.12 The 

Public Lands Act governs most of the approximately 60 percent of Alberta that is public land. 

While certain economic activities are conducted on public lands, such as forestry and grazing, 

industry must reclaim the land, and management requirements provide for the integrity of the 

land and habitat.13 The Act generally prohibits harm to public lands, such as by injuriously 

affecting watershed capacity, causing soil erosion, or injuring the bed or shore of a water body. 

Under the Public Lands Act, a fine can be levied for unauthorized use of public lands of no more 

than $100,000 for individuals and $1 million for corporations, in addition to a potential 

administrative penalty in an amount to be determined by the director. The Act also provides that 

the government can seize crops if a person without authority seeds or places a crop on public 

land. 

 In Manitoba, the Crown Lands Act, C.C.S.M. c. C340, restricts the ability to use public 

lands absent approval by the government. Approximately 90 percent of land in Manitoba is 

public land. The government designates agricultural crown lands, which require a lease or 

permit to be used. Under the Act, lands also can be designated as provincial parks and wildlife 

management areas.14 Every person who is guilty of an offense under the Act or the regulations 

for which no specific penalty is provided therein is liable, on summary conviction, to a fine not 

exceeding $10,000; and, in default of the payment of the fine, to imprisonment for a term not 

exceeding 90 days. 

 The Saskatchewan Provincial Lands Act, R.S.S. 1978, c. P-31, governs management of 

provincial land. Use of such lands is again restricted to those approved by the government, and 

the government retains authority to remove lands from agricultural production.15 Moreover, if a 

person abandons cropland, the government may utilize that land, which helps ensure the 

designated agricultural lands remain in productive use. The Act also allows a penalty not to 

exceed $5,000 and/or imprisonment up to 6 months for persons who remain on or use provincial 

lands after being ordered to vacate the premises. 

 

12 Land use in Alberta was generally divided into two major land designations -- the White Area was set aside 

as land primarily suited for agriculture and settlement (mostly privately owned land regulated by municipalities); 

and the Green Area which included forested land for forest management planning and protection of important 

watershed areas (mostly public lands). See Government of Alberta, Understanding Land Use in Alberta, 

https://www.landuse.alberta.ca/Planning/WhyLandusePlanning/UnderstandingLandUseAlberta/Pages/default.aspx 

(updated June 22, 2011). Recognizing that rural and urban growth has resulted in the loss or conversion of the 

province’s farm and ranch lands, the Municipal Government Act, R.S.A. 2000, Chapter M-26, §639.1, encourages 

the protection of agricultural lands. 

13 Other laws in Alberta provide for the designation of areas as protected, which impose restrictions on their 

use. See, e.g., Provincial Parks Act, R.S.A. 2000, c. P-35; Wilderness Area, Ecological Reserves, Natural Areas, 

and Heritage Rangelands Act, R.S.A. 2000, c. W-9. 

14 See also The Wildlife Act, C.C.S.M. c. W130 (wildlife management areas); The Ecological Reserves Act, 

C.C.S.M. c. E5 (ecological reserves); The Provincial Parks Act, C.C.S.M. c. P20 (provincial parks).

15 The Saskatchewan government also has authority to manage provincial parks and wildlife areas. See The 

Wildlife Habitat Protection Act, S.S. c. W-13.2; The Parks Act, S.S. 1986, c. P-1.1; The Ecological Reserves Act, 

S.S. 1979-1980, c. E-0.01.

4 
Crown lands make up about 87 percent of Ontario’s land mass. The Ontario Public 

Lands Act, R.S.O. 1990, c. P43, charges the Minister of Natural Resources with the management 

of public lands and forests. By the late 1970s and early 1980s, land use planning for Crown land 

became a priority.16 Largely through directives, the Ministry manages Ontario’s Crown land in a 

way that balances social, economic and environmental interests. Approved activities and plans 

commonly have conditions attached that are specifically designed to protect and preserve the 

natural environment. The Public Lands Act provides enforcement provisions to address abuses 

under the Act. Under the statute, the Minister may require the preparation of land use plans and 

can designate lands as restricted areas. In the event of violations, the Act provides for a penalty 

not to exceed $10,000 and an additional fine not more than $1,000 for each day of violation. 

Any person who unlawfully takes possession of public lands faces an additional penalty equal to 

twice the market value of the land, as determined by the Minister. 

 More than 92 percent of Quebec’s territory is Crown land. An Act Respecting the Lands 

in the Domain of the State, R.S.Q. c. T-8.1, provides that the government “exercise, in respect of 

lands in the domain of the State that are under his authority, all the rights and powers inherent in 

the right of ownership.” Under the Act, the government engages in public land use planning and 

granting land rights. In addition, An Act Respecting Agricultural Lands in the Domain of the 

State, R.S.Q. c. T-7.1, grants the Minister of Agriculture, Fisheries and Food authority to 

administer public agricultural land. The Act makes it illegal to occupy such lands, or to erect 

structures or cut timber, without authorization. First time offenders face a fine between $125 and 

$1,225 for individuals and between $625 and $6,075 for legal persons. For subsequent offenses, 

the fine is increased to between $250 and $2,450 for individuals and between $1,225 and 

$12,150 for legal persons. 

 Although we focus on certain provinces, each of the other provinces (which collectively 

only contain approximately five percent of the total agricultural lands in Canada) have similar 

laws giving the government authority to manage land use on public lands and generally requiring 

authorization to use Crown lands.17 Newfoundland and Labrador and British Columbia both are 

comprised of over 90 percent Crown lands, which includes a substantial amount of forested 

areas.18 Again, land restrictions limit the amount of agricultural lands available in these 

provinces. Although the Maritime provinces of New Brunswick, Nova Scotia and Prince 

Edward Island have a majority of land in private hands, including forested land,19 lands used for 

crops is limited based on suitability for agricultural use (e.g., soil conditions, location near water 

resources). Moreover, agricultural lands have generally declined in these provinces, and the 

main crops in these areas are potatoes, vegetables, or crops used for livestock, not for biofuel 

production. 

 

16 See Ontario Ministry of Natural Resources, History of Crown Land Management, 

http://www.mnr.gov.on.ca/en/Business/CrownLand/2ColumnSubPage/STEL02_176759.html (last modified June 5, 

2009). 

17 See Land Act, R.S.B.C. 1996, c. 245 (British Columbia); Lands Act, S.N.L. 1991, c. 36 (Newfoundland and 

Labrador); Lands Protection Act, R.S.P.E.I. 1988, c. L-5 (Prince Edwards Island); Crown Lands Act, R.S. c. 114 

(Nova Scotia); Crown Lands & Forest Act, c. C-38.1 (New Brunswick). 

18 See infra n.23. 

19 It should be noted that, in 2005, Ducks Unlimited Canada recognized that the “Maritime agricultural 

producers are among Canada’s leaders in conservation farming.” Ducks Unlimited Canada, Maritime provinces 

leaders in conservation farming (Oct. 12, 2005), http://www.ducks.ca/province/ns/news/2005/oct12/index.html.

5 
Thus, government regulation of public lands restricts the ability of private persons to use 

those lands. To the extent there is any agricultural use of these lands, which includes grazing 

and crop production, such use is generally restricted to areas approved by the government and 

subject to management plans. These restrictions and policies limit the lands available for 

agricultural use and promote the use of existing agricultural lands. As further described below, 

government policies are in place to promote sustainable development and proper utilization of 

resources, which helps ensure that existing, suitable agricultural lands are maintained and 

sustainably used for the long term. 

B. Laws and Policies Regarding Management of Forestland Restrict the Ability to 

Convert Forested Lands to Cropland. 

Canadian forestry is a shared domain. Over 90% of Canada’s forests are under public 

control (federal, provincial or territorial) and use of such land is governed by the appropriate 

authority through a number of policies such as public land regulation. Approximately 48% of 

Canada’s forest area is protected by some degree of legislation such as integrated land-use 

planning or defined management areas such as certified forests. 

 To manage this resource, Canada became the first country to adopt a national forest 

strategy in the 1980s. The most recent -- A Vision for Canada’s Forests: 2008 and Beyond20 -- 

provides for inclusion of climate change considerations in all aspects of the sustainable 

management. More than 50 governments and non-governmental organizations committed to 

work together on solutions facing Canadian forests. Canada also has been an active participant 

in multilateral and bilateral international forestry initiatives, affirming its commitment to 

sustainable forest management in 1992 at the United Nations Conference on Environment and 

Development with the adoption of the Forest Principles. Canada is also a signatory to the 

Convention on Biological Diversity, the Convention on International Trade in Endangered 

Species, and the United Nations Framework Convention on Climate Change. These are legally 

binding instruments affecting forest policy in Canada. 

 The main laws and regulations at the federal and provincial levels limit the use of forest 

resources on public lands, and promote sustainable management of forest resources. The 

Forestry Act, R.S.C., 1985, c. F-30, provides the authority to regulate forest resources on Crown 

lands. Timber Regulations, 1993, SOR/94-118, prohibit the cutting down of trees without a 

permit. Before a forest company can harvest timber on Crown land in Canada, it must have an 

approved forest management plan, which describes the forest unit where the company will 

operate, sets objectives for the unit’s conditions in the future, and outlines the harvesting, 

 

20 Available at http://www.ccfm.org/pdf/Vision_EN.pdf. The prior strategies issued by Canada are A Forest 

Sector Strategy for Canada: Discussion Paper, 1981–1987; A National Forest Sector Strategy for Canada (1987–

1992); National Forest Strategy (1992–1998) – Sustainable Forests: A Canadian Commitment; National Forest 

Strategy (1998–2003) – Sustainable Forests: A Canadian Commitment; National Forest Strategy (2003-2008) – The 

Canadian Commitment.

6 
renewal and other activities to be carried out.21 The plan, which is approved at the provincial or 

territorial level, also addresses how the operator will manage forest values other than timber.22 

 Each province and territory has a monitoring and compliance regime with respect to 

forest management.23 The Alberta Forests Act, R.S.A. 2000, c. F-22, grants the Lieutenant 

Governor in Council broad authority to regulate forest lands and manage all facets of the timber 

industry. Under the Act it is prohibited to cut, damage, or destroy any forest growth on forest 

land except as authorized. Crown timber is disposed of pursuant to Forest Management 

Agreements (FMA), timber quotas, or timber permits. FMAs are long-term contractual 

agreements between the province and a timber company and function as the main method of 

authorizing high-volume timber harvesting. FMAs are designed to “provide a yield consistent 

with sustainable forest management principles and practices.” Timber quotas and timber permits 

are for smaller-scale operations. The penalty for violating the Act is a fine not to exceed 

$100,000 for individuals, and $1 million for corporations. An administrative penalty may also 

be assessed. 

 Approximately 57 percent of Manitoba’s provincial landscape is dominated by forests, 

about 94 percent of which are provincial Crown land. The Manitoba Forest Act, C.C.S.M. 

c. F150, is Manitoba’s general management scheme for all matters related to forestry. It grants 

authority for the government to designate any land as a provincial forest, which serve as a source 

of sustainable timber supply.24 All Crown lands within provincial forests are withdrawn from 

use unless specifically authorized by a forest management license which is based on the concept 

of “providing timber on a sustained yield basis.” The Act also generally prohibits any logging 

activity on Crown lands without authorization. The Forestry Branch manages provincial Crown 

forests by setting forest harvest levels, monitoring forest management activities, and ensuring 

forests are regenerated. If timber is cut in violation of the Act, a penalty is assessed equal to four 

times the dues and charges that would have been payable if the timber had been cut with 

authorization. In addition, a first-time offender can face a fine of not more than $50,000, six 

months imprisonment, or both for individuals and $250,000 for corporations. For a repeat 

offender the penalty is increased to not more than $100,000 for individuals and/or 1 year 

imprisonment, or $500,000 for corporations. Lastly, an additional fine can be assessed in the 

amount equal to any amount of other unjust enrichment. 

 

21 Natural Resources Canada, Sustainable Forest Management - Four Stages of Preparing a Forest 

Management Plan, http://Canadaforests.nrcan.gc.ca/article/planning stages (last modified May 10, 2011). 22 Canada has also established a Model Forest Program, which is an initiative to increase information to 

ensure the diversity and sustainability of forests. See generally Natural Resources Canada, Sustainable Forest 

Management - Model Forests, http://Canadaforests.nrcan.gc.ca/article/modelforests (last modified Aug. 31, 2010). 

The Model Forests get their funding primarily from the federal government, and the program has developed tools 

directly applicable to forest protection, such as maple sugarbush management, sustainable forestry certification for 

small woodlots, shelterbelt and riverside tree planting, forest mapping, biodiversity data collection, urban tree 

preservation and schoolyard naturalization. 

23 As noted above, we have focused on major Provincial laws in Alberta, Saskatchewan, Manitoba, Ontario 

and Quebec. See also, e.g., Forest & Range Practices Act, S.B.C. 2002, c. 69 (British Columbia); Forest Act, 

R.S.B.C. 1996, c. 157 (British Columbia); Forestry Act, R.S.N.L. 1990, c. F-23 (Newfoundland and Labrador); 

Forest Management Act, R.S.P.E.I. 1988, c. F-14 (Prince Edwards Island); Forests Act, R.S. c. 179 (Nova Scotia); 

Crown Lands & Forest Act, c. C-38.1 (New Brunswick). 

24 Much of the province’s unallocated forest land is remote or commercially unproductive. See Manitoba, 

Forestry Branch, http://www.gov.mb.ca/conservation/forestry/mb-forests/crown.html. 

7 
The Saskatchewan Forest Resources Management Act, S.S. 1996, c. F-19.1, grants broad 

authority to regulate the timber industry. One of the purposes of the Act is “to promote the 

sustainable use of forest land.” For Crown lands designated as provincial forests, all timber 

activity is prohibited without authorization. Forest Management Plans are also required, which 

are to include forest renewal provisions. Penalties for violations can be up to $250,000 for 

individuals and/or imprisonment for not more than 5 years. For corporations, the fine is not to 

exceed $1 million. An additional fine can be assessed in the amount of any unjust enrichment. 

 In Ontario, the Crown Forest Sustainability Act, 1994, S.O. 1994, c. 25, governs the 

development of public forests with the goal of pursuing sustainability through conserving “large, 

healthy, diverse and productive Crown forests and their associated ecological processes and 

biological diversity.” Commercial development of forest land requires authorization by the 

Minister of Natural Resources. If timber is cut without authorization, a fine may be assessed of 

not more than $100,000. The Act also provides for administrative penalties of not more than the 

greater of $15,000 or five times the value of the illegally harvested forest resources. In 2011, the 

Ontario Forest Tenure Modernization Act, 2011, 39:2 Bill 151 (2011), was passed. It amends 

the Crown Forest Sustainability Act to provide for the establishment of local forest management 

corporations to hold forestry resources licenses and manage Crown forests in a sustainable 

manner. 

 Similarly, the purpose of the Quebec Forest Act, R.S.Q. c. F-4.1, is to promote 

sustainable forest development. The Act generally prohibits forest activity unless authorized by 

a permit issued by the Minister of Natural Resources. Permits are governed by standards which, 

among other things, have as their objective the preservation of the forest cover and the protection 

of all forest resources. In addition, the Minister may designate forest areas as biological refuges 

where no forest activity may occur. Violations of permit provisions can result in fines which, 

depending on the type of violation, amount to up to $40,000 or $450 for each tree unlawfully cut. 

In March 2010, the Sustainable Forest Development Act, Bill 57, was passed, which strengthens 

the ability of the State to manage Quebec’s public forests through ecosystem-based development, 

including provisions for integrated forest development plans and carrying out audits of forest 

practices. 

 As these laws illustrate, forestland in Canada is largely maintained for sustainable use 

and for use by future generations. Although some extraction activities may be authorized on 

such lands, agricultural production is generally limited by these laws and management policies. 

Creation of new agricultural lands through the clearing of forests is not expected as much of the 

suitable land for agricultural purposes already has been designated and land management 

principles that must be implemented do not provide for such land use conversion. 

 Although in most provinces the vast majority of forestland falls within Crown lands and, 

thus, subject to government management, Nova Scotia, New Brunswick and Prince Edward 

Island have a higher amount of forestland in private hands. These lands are generally used for 

forestry purposes, and these provinces have varying policies regarding forest management and 

initiatives to promote sustainable use on private lands. In Nova Scotia, for example, harvest 

operations are also regulated through the Forest Sustainability Regulations and Wildlife Habitat 

and Watercourses Protection Regulations, including protection of watercourses and to maintain 

8 
specific features to support wildlife.25 In any event, as noted above, agricultural production in 

these areas is limited and not expected to be used for biofuel production. 

C. Sustainable Development and Conservation Policies 

 Although public lands in Canada have long been viewed as being held for the public 

trust, including use by future generations, increasingly Canada has incorporated policies of 

sustainable development and conservation in its management of lands.26 As such, impacts on the 

environment, including impacts on climate change from land use changes, are considerations in 

land management policies and have promoted further conservation of sensitive ecosystems. 

These policies further protect against clearing of such areas for agricultural purposes. 

Protected areas are composed of land, freshwater and marine areas set aside through 

legislation. They are created and managed by the federal, provincial and territorial governments. 

Additional protected areas are also administered by Aboriginal governments. Several laws have 

been passed over the years to protect Canada’s land and oceans, including habitat for the 

protection of species.27 The first National Park was created in 1885, and the Dominion Parks 

Branch (now Parks Canada) was established in 1911 as the first organization charged with the 

management of national parks.28 

 In particular, the Canada National Parks Act, S.C. 2000, c. 32, provides that “the national 

parks of Canada are hereby dedicated to the people of Canada for their benefit, education and 

enjoyment, subject to this Act and the regulations, and the parks shall be maintained and made 

use of so as to leave them unimpaired for the enjoyment of future generations” (§4). At least 

every two years, the statute requires a report on the state of the parks and on progress made 

towards the establishment of new parks (§12(2)). The Act prohibits sale or use of public lands in 

a park, except as provided in the Act or its regulations (§13). In addition, regulations prohibit the 

 

25 State of the Forest Report 1995-2000: Nova Scotia Forests in Transition, at 20-21, 25-26 (2008), available 

at http://www.gov.ns.ca/natr/forestry/reports/State-Of-Forest-Report-April-2008.pdf. 26 For example, in passing the Canadian Environmental Protection Act 1999, S.C. 1999, c. 33 (CEPA 1999), 

Canada recognized the importance of an ecosystem approach to the protection of the environment and identified 

conservation of natural resources and sustainable development as a guiding principle for administrative duties of 

government. In 2008, the Canadian Parliament passed the Federal Sustainable Development Act, S.C. 2008, c. 33, 

which requires Environment Canada to develop an overarching Federal Sustainable Development Strategy, 

including legislated federal sustainable development goals and targets and an implementation strategy for meeting 

each target. Departments’ and agencies’ sustainable development strategies will be required to have plans and 

objectives that comply with the new Strategy. Provincial governments have similar statutes. See, e.g., The 

Sustainable Development Act, C.C.S.M. c. S270 (Manitoba).

27 See, e.g., Species at Risk Act, S.C. 2002, c. 29 (prohibits destruction of critical habitat on public lands); 

Migratory Birds Convention Act, 1994 (S.C. 1994, c. 22) (migratory bird sanctuaries). In 1990, Manitoba became 

the first jurisdiction in Canada to commit to the World Wildlife Fund Canada’s Endangered Spaces Campaign, 

leading to Manitoba’s Protected Areas Initiative (http://www.gov.mb.ca/conservation/pai/). Approximately 9.9 % of 

Manitoba’s lands are protected. See Manitoba, Manitoba’s Network of Protected Areas, 

http://www.gov.mb.ca/conservation/pai/mb-network/index.html. 

28 For a history of Protected Areas in Canada, see Natural Resources Canada, The Atlas of Canada: Protected 

Areas Through Time, 

http://atlas.nrcan.gc.ca/site/english/maps/environment/protectedarea/protectedareasthroughtime/1 (last modified 

Mar. 5, 2009); see also Natural Resources Canada, The Atlas of Canada: Protected Areas, 

http://atlas.nrcan.gc.ca/auth/english/maps/environment/protectedarea/protectedareasbyjurisdiction/1 (last modified 

Mar. 5, 2009). 

9 
removal or destruction of any flora or natural objects in a Park except in accordance with a 

permit. See National Parks General Regulations, SOR/78-213, §10. Violations of this 

prohibition or of regulations results in criminal fines and possible imprisonment. The penalties 

for individuals may be up to $1,000,000 for the first offense and up to $2,000,000 for the second 

offense; and corporations, which are not a small revenue corporation, are subject to a fine of not 

less than $500,000 and not more than $6,000,000 for the first offense and a fine of not less than 

$1,000,000 and not more than $12,000,000 for the second offense (§24).29 In 2009, Canada 

passed the Environmental Violations Administrative Monetary Penalties Act, S.C. 2009, c. 14, 

s. 126, to establish administrative enforcement procedures for the Canada National Parks Act, 

among other environmental laws. The amount of penalties authorized under the Act are not 

more than $5,000, in the case of an individual, and $25,000, in the case of any other person or a 

ship or a vessel. These administrative penalties may serve as additional enforcement. 

 In 1992, there was an agreement to increase the protection of endangered species, which 

led to a significant increase in protected areas. In addition, each jurisdiction signed a “Statement 

of Commitment to Complete Canada’s Networks of Protected Areas,” and in 1995 Canada issued 

its Biodiversity Strategy, confirming a commitment to establish a network of protected areas 

representing each of Canada’s ecological regions.30 Much of this increased focus on protection 

of ecosystems stems from Canada’s international commitments. Canada is a signatory to a 

number of international treaties that impact land use in Canada such as the Ramsar Convention 

on Wetlands and the United Nations Convention on Biological Biodiversity (CBD).31 The CBD, 

for example, is a legally binding international treaty which commits parties to the sustainable 

management of biological diversity. Since the ratification of the CBD in 1992, Canada has 

introduced the Canadian Biodiversity Strategy which sets priorities within various jurisdictions 

and at the national level. Canada’s participation in the CBD has led to increased coordination 

and expansion of Canada’s protected areas at both the federal and provincial level. Virtually all 

provincial and territorial governments have integrated biodiversity into government initiatives, 

using a variety of policies, strategies, legislation and voluntary approaches. 

 Grassland losses to settlement, including agricultural production, occurred largely before 

the 1930s. To address erosion issues occurring as a result of these losses, the Prairie Farm 

Rehabilitation Administration (PFRA) was established in 1935 (the PFRA became part of 

Agriculture and Agri-Food Canada’s Agri-Environment Services Branch in 2009). The 

Community Pasture Program is the PFRA’s largest and longest-running contribution to soil 

conservation on the prairies, and has contributed to the protection of grassland areas.32 

 

29 The fines under the National Parks Act were increased to these amounts in December 2010 based on the 

Environmental Enforcement Act, which was passed to strengthen enforcement of environmental statutes. 

30 Natural Resources Canada, Canada’s Forests: Biodiversity, 

http://canadaforests.nrcan.gc.ca/article/conservation. 31 The Federal Policy on Wetland Conservation was approved in 1991. The policy has raised the profile of 

wetlands in federal decision-making. By 1999, the Governments of Canada, Alberta, Saskatchewan, Manitoba and 

Ontario have wetland policies in place, while other provinces use the federal policy or utilize other measures for 

wetland protection. See North American Wetlands Conservation Council (Canada), Wetlands and Government: 

Policy and Legislation for Wetland Conservation in Canada, Issues Paper No. 1999-1, published in partnership with 

Ducks Unlimited Canada and Environment Canada (1999), available at http://www.wetlandscanada.org/1999-

1%20Wetlands%20and%20Government.pdf. 

32 Agriculture and Agri-Food Canada, Community Pasture Program, http://www4.agr.gc.ca/AAFCAAC/display-afficher.do?id=1298388156452&lang=eng (Mar. 10, 2011). 

10 
Community pastures were created to protect native grasslands and provide food for cattle. The 

program has returned more than 145,000 hectares of poor-quality cultivated lands to grass cover. 

It currently encompasses in excess of 900,000 hectares of productive rangeland. The summer 

grazing of livestock is used as a tool in the management of the marginal rangelands comprising 

the pastures. Many of these areas were established in Saskatchewan, and the Saskatchewan 

government also started a provincial community pasture program.33 Canada has also initiated 

federal, provincial and international initiatives for the protection of grasslands.34

 Increasingly, protected areas are being used for the protection of various ecosystems, 

including native grasslands. In 2011, the World Wildlife Fund (WWF) International awarded 

Parks Canada with their Gift to the Earth award, which “recognizes Parks Canada’s outstanding 

conservation achievements, including the recent dramatic growth of Canada’s system of national 

parks and national marine conservation areas.”35 Within national parks, effort is directed at 

maintaining ecosystems in as natural a state as possible. For example, the Grasslands National 

Park of Canada, located in southwestern Saskatchewan, was established in 1988 with FederalProvincial agreement to conserve, protect and present a portion of the Prairie Grasslands Natural 

Region within a proposed park area.36 It is Canada’s first national park established to represent 

the mixed-grass prairie. The lands acquired under the Agreement include lands taken out of crop 

production, and Parks Canada continues to manage the Park, considering the impacts of crop 

production on neighboring lands, potential climate change issues, and protection of wildlife. 

Opportunities remain for additional lands to be acquired under the terms of the FederalProvincial park establishment agreement. 

 From the 1970s to the 1990s, numerous protected areas were established by the 

provincial and territorial governments as well.37 All of Canada’s ten provinces have legislation 

that enables the designation of protected areas, including provincial parks, ecological reserves, 

wilderness areas, and fish and wildlife sanctuaries.38 These laws include protection of lands 

already under Crown ownership, but also the purchase of private lands. Use of these lands have 

 

33 For example, the Saskatchewan Pastures Program (SPP) offers supplemental grazing to promote 

environmental and agricultural sustainability of marginal Crown lands through good range land planning and forage 

management, see http://www.agriculture.gov.sk.ca/pastures. 34 See, e.g., Council on Environmental Cooperation, Grasslands: Toward a North American Conservation 

Strategy at xxii (2003), http://www.cec.org/Storage/50/4273_Grasslands.pdf. 

35 WWF Canada, Parks Canada celebrates 100 years of world-class conservation and further protects 

historic grasslands (May 19, 2011), http://wwf.ca/newsroom/?9381/Parks-Canada-celebrates-100-years-of-worldclass-conservation-and-further-protects-historic-grasslands. 

36 See Parks Canada, Grasslands National Park: State of the Park Report 2007, at 1 (2007), available at 

http://www.pc.gc.ca/eng/docs/bib-lib/docs5hi.aspx.

37 See Natural Resources Canada, The Atlas of Canada: Protected Areas Through Time, 

http://atlas.nrcan.gc.ca/site/english/maps/environment/protectedarea/protectedareasthroughtime/1 (last modified 

Mar. 5, 2009). 

38 See, supra n.13-15; see also Parks Act, R.S.Q. c. P-9 (Quebec); An Act Respecting the Conservation and 

Development of Wildlife, R.S.Q. c. C-61.1; Natural Heritage Conservation Act, R.S.Q. c. C-61.01 (Quebec); Park 

Act, R.S.B.C. 1996 c. 344 (British Columbia); Ecological Reserve Act, R.S.B.C. 1996 c. 103 (British Columbia); 

Provincial Parks Act, R.S.N.L. 1990, C. P-32 (Newfoundland and Labrador); Wilderness & Ecological Reserves 

Act, R.S.N.L. 1990, c. W-9 (Newfoundland and Labrador); Wilderness Areas Protection Act, 1998 c. 27 (Nova 

Scotia); Provincial Parks Act, R.S. c. 367 (Nova Scotia); Parks Act, c. P-2.1 (New Brunswick); Protected Natural 

Areas Act, c. P-19.01 (New Brunswick); Provincial Parks & Conservation Reserves Act 2006, S.O. 2006, c.12 

(Ontario); Greenbelt Act 2005, S.O. 2005, c. 1 (Ontario). 

11 
various restrictions on uses. Examples of protected areas that include native grasslands are 

Saskatchewan Landing Provincial Park in southwestern Saskatchewan; Prairie Coulees - South, 

Ecological Reserve in southeastern Alberta; Kennedy Coulee Ecological Reserve in southeastern 

Alberta; Matador Grasslands Provincial Park in southwestern Saskatchewan; South Okanagan 

Grasslands Protected Area in British Columbia; and Lac du Bois Grasslands Protected Area in 

British Columbia. 

 In addition, an increasing number of private lands are being conserved, and there are a 

variety of economic and non-economic conservation and stewardship tools and approaches that 

are increasingly being used in Canada. For example, provinces have enacted legislation enabling 

the creation of conservation covenants on private land.39 In addition, both the federal and 

provincial governments offer fiscal incentives for donation of land for conservation purposes. 

For example, Canada’s Ecological Gifts Program offers significant tax benefits to landowners 

who donate land or a partial interest in land to a qualified recipient who will ensure that the 

land’s biodiversity and environmental heritage are conserved in perpetuity. The program was 

authorized by the Income Tax Act of Canada and the Taxation Act in Quebec, and is 

administered by Environment Canada. Over 140,500 hectares of wildlife habitat have been 

protected through this program.40 

 These conservation measures not only restrict the ability of agricultural lands to extend 

into these areas, but also represent the general goals of government to take measures to further 

maintain ecosystems in their natural state and restore other lands to their natural state. It also 

increases public education regarding the importance of the various ecosystems in Canada and the 

potential impacts of land use change. Maintaining these ecosystems against the pressures of 

urban development further promote better utilization of existing lands, rather than clearing new 

lands. This is consistent with the Petition, which, for example, outlines the substantial amount of 

summer fallow that may be available to meet any increased demand and the continued 

improvements in yield. 

II. FEDERAL AND PROVINCIAL GOVERNMENT POLICIES PROMOTE 

SUSTAINABLE AGRICULTURAL PRACTICES, WHICH PROVIDE INCENTIVES 

TO CONSERVE SENSITIVE ECOSYSTEMS AND BETTER UTILIZE EXISTING 

CROPLAND. 

Canada has implemented a number of initiatives to promote sustainable agriculture 

practices. This includes efforts to increase conservation on agricultural lands, which also leads 

to better utilization of existing cropland. These practices further support the findings in the 

 

39 See, e.g., Alberta Land Stewardship Act, S.A. 2009, c. A-26.8, Div. 2 (Alberta); Conservation Easements 

Act, S.S. 1996, c. C-27.01 (Saskatchewan); The Conservation Agreements Act, C.C.S.M. c. C173 (Manitoba); 

Natural Areas Protection Act, R.S.P.E.I. 1988, c. N-2 (Prince Edwards Island); Conservation Easements Act, 2001, 

c. 28 (Nova Scotia); Conservation Easements Act, c. C-16.3 (New Brunswick); Conservation Land Act, R.S.O. 

1990, c. C.28 (Ontario).

40 See Environment Canada, Ecological Gifts Program, http://www.ec.gc.ca/pdeegp/default.asp?lang=En&n=FCD2A728-1 (last modified July 5, 2011); see also Conservation Property Tax 

Exemption Act (Nova Scotia); Ontario Ministry of Natural Resources, Conservation Land Tax Incentive Program, 

http://www.mnr.gov.on.ca/en/Business/CLTIP/STEL01_129881.html (last modified June 1, 2011).

12 
Petition that any increased need for crops as a result of biofuel production can be met on existing 

lands. 

 The Agricultural Policy Framework (APF) (2003-2008) was a five-year federalprovincial-territorial agreement developed in collaboration with the provinces and territories.41 

The APF’s environmental goals were to reduce agricultural risks and provide benefits to 

Canada’s water resources, soils, air and biodiversity. Environmental programs and policies of 

the Framework contributed to efforts to ensure the sustainable use and conservation of habitat in 

agricultural areas. Building upon these initiatives, Canada has now established the Growing 

Forward Policy Framework (2008-2013).42

 Since 2003 Canada has supported environmental farm planning (EFP) programs, through 

which farmers enhance their environmental management, assess the agri-environmental risks and 

benefits on their farm, and create an Action Plan to address risk(s). Canada has provided costshare incentive funding to farmers for adopting beneficial management practices, once an EFP 

has been developed. It is estimated that as of 2009 approximately a third of Canadian farmers 

have developed an EFP. The Agri-Environmental Risk Assessment initiatives will build upon 

the EFP program. 

Another initiative under the 2003-2008 Framework was Greencover Canada, a five-year 

initiative to help farmers increase perennial cover on farmland. Although the program ended on 

March 31, 2009, it helped producers improve their grassland-management practices, protect 

water quality, reduce greenhouse-gas emissions, and enhance biodiversity and wildlife habitat. 

The program supported the conversion of environmentally sensitive land to perennial cover and 

encouraged shelterbelts, i.e., the planting of trees on farmland. Greencover Canada built on the 

Permanent Cover Program, which was established in 1989, in which land marginal for annual 

cultivation and cereal production was converted to long-term forages. 

 Another program, the Prairie Shelterbelt Program, which is overseen by Agriculture and 

Agri-Food Canada (AAFC), provides technical services and tree and shrub seedlings for 

establishment of shelterbelts and other agroforestry, conservation and reclamation projects on 

agricultural and eligible lands in Manitoba, Saskatchewan, Alberta and in the Peace River region 

of British Columbia. Tree and shrub seedlings are provided to eligible landowners at no charge 

as an incentive to adopt beneficial management practices and environmental stewardship. 

 As outlined in the Petition (at 10-11), total agricultural lands have been stable in Canada, 

and neither the United States’ renewable fuel standard nor Canada’s renewable fuels regulations 

are expected to bring new land into production in Canada. Rather, increased production in the 

existing agricultural land base and increased productivity gains are expected to make up the 

 

41 See generally Agriculture and Agri-Food Canada, Overview of the Agricultural Policy Framework,

http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1183142019494&lang=eng (last modified June 29, 

2007); see also, e.g., Manitoba, Agricultural Sustainability Initiative, 

http://www.gov.mb.ca/agriculture/growingforward/gf_programs/aaa19s13.html; Manitoba, Agri-Extension 

Environment Program, http://www.gov.mb.ca/agriculture/growingforward/gb_programs/aaa19s14.html. 42 See generally Agriculture and Agri-Food Canada, Growing Forward Agricultural Policy Framework, 

http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1200339470715&lang=eng (last modified July 25, 

2011). 

13 
difference. Better management practices and conservation of these lands, while providing 

environmental benefits, also improves the utilization of existing croplands. For example, 

agronomic benefits of shelterbelts include reduced soil erosion by wind, increased moisture for 

crop growth (e.g., through snow trapping and reduced moisture loss through evaporation), 

potential for increased crop yields, and reduced wind damage to crops.43

III. LAND USE PATTERNS EVIDENCE THE EFFICACY OF THE CANADIAN LAWS 

AND POLICIES AND THEIR ENFORCEMENT. 

 Much of the restrictions on expansion of agricultural lands has been due to geographic 

conditions in Canada, but also the fact that national and provincial laws and policies regarding 

public land use and forest management provide additional restrictions on land use conversion. 

As outlined above, public and forest lands are largely managed by the federal, provincial and 

territorial governments. Any agricultural lands within these areas are designated, and land use 

management requirements ensure that they are suitable as agricultural lands and that sustainable 

development and environmental conservation issues are considered (including climate change 

impacts). Thus, agricultural lands have largely been limited to private lands, which make up 

only 11 percent of the land base in Canada. These laws generally have criminal penalties 

associated with violations, and, in 2009, Canada passed a law increasing the applicable penalties 

and providing for administrative penalties to improve enforcement.44 Evidence of the efficacy of 

the laws and policies in place in Canada that would tend to restrict expansion of agricultural 

lands and the clearing of new lands, particularly forestland and other sensitive ecosystems, is that 

land use in Canada has remained relatively stable for decades, particularly since the 1990s when 

many of the above-listed international obligations and national/provincial strategies were first 

implemented or strengthened (see Petition at 20, Appendix 1, Figure 2 and Figure 3). 

 Regarding laws and policies against deforestation, Crown forested lands and forest cover 

generally in Canada has remained largely constant with minimal land use change. Forest 

conversion due to agriculture expansion has been reduced since the introduction of these 

policies. Less than 1% of Canadian forests are harvested annually. In addition, Canada uses 

certification systems as tools to demonstrate that forestry practices and forest products meet 

sustainability criteria. The certification programs used include: (a) Canadian Standards 

Association’s Sustainable Forest Management Standard; (b) the Forest Stewardship Council 

Standards, and (c) the Sustainable Forestry Initiative. As of December 2009, Canada had 142.8 

million hectares of certified forests, which is the largest area of third-party independently 

certified forest in the world. According to the Forest Products Association of Canada, this 

 

43 See Agriculture and Agri-Food Canada, The Effects of Shelterbelts on Cropping and Tillage Practices, 

http://www4.agr.gc.ca/AAFC-AAC/display-afficher.do?id=1199732592259&lang=eng (last modified May 18, 

2011); Agriculture and Agri-Food Canada, Increasing Crop Yield with Shelterbelts, http://www4.agr.gc.ca/AAFCAAC/display-afficher.do?id=1192546880508&lang=eng (last modified Feb. 11, 2011).

44 See supra n.29. The Environmental Enforcement Act was passed largely at the request of Environment 

Canada based on findings that the current fine structure in many of Canada’s environmental laws is out of date, and 

to provide stronger deterrents for environmental offenses, largely with respect to corporate offenders. See 

Legislative Summary of Bill C-16: Environmental Enforcement Act-ls636e (2009), available at 

http://www.parl.gc.ca/About/Parliament/LegislativeSummaries/Bills_ls.asp?lang=E&ls=c16&Parl=40&Ses=2&sour

ce=library_prb. Enforcement efforts are being stepped up, including increasing budgets for agencies for 

enforcement actions. Id.

14 
15 

amount increased to over 151 million hectares by the end of 2010.45 In 2011, the Canadian 

forest industry and nine leading environmental groups (e.g., Greenpeace) signed the Canadian 

Boreal Forest Agreement (CBFA). The CBFA, which applies to 76 million hectares or 2/3 of all 

certified forests in Canada, is a historic agreement that protects a significant portion of Canada’s 

boreal forest while certifying sustainable forestry products. 

 Regarding policies for increased sustainable agriculture, there is substantial evidence that 

these policies are being effective. Due to an increase in conservation practices such as seasonal 

wetlands, riparian buffer lands, and grassed waterways, it is estimated that agricultural lands held 

in conservation have increased since 2001 (see Petition at 19, Appendix 1, Table 4). In addition, 

over the past 30 years a concerted effort has been made toward continuous cropping which, 

coupled with conservation or zero tillage practices, has converted more acres away from 

unproductive summer fallow and into sustainable production, consequently decreasing the need 

for new cropland. 

 Finally, Canada currently has approximately 8,500 protected areas, representing 

approximately 9.9% of its land base - almost one-fifth more than it had in 2000 and almost 

double what existed in 1990. In addition, Canada plans to expand these areas to 17% of the land 

base. More than 31 million hectares of forest and other wooded land in Canada are currently 

within these protected areas. Within that 31 million hectares, more than 23.5 million hectares 

(75%) of Canada’s protected forest and other wooded land are considered strictly protected—an 

increase of 78% since 1990.46

 The stable land base and increased focus on maintaining ecosystems in their natural state 

provide additional evidence that the legal and other constraints on land use will restrict the 

ability to expand agricultural lands to “new” areas. 

IV. CONCLUSION 

 The foregoing provides key examples of the national and provincial laws and policies to 

support the Petition for an aggregate compliance approach for Canada. These include policies 

that promote sustainable agricultural practices; protection and management of public lands; and 

sustainable development and protection of forests. Based on legal restrictions on use of public 

lands, long held national policies concerning land management and sustainability, increased 

promotion of conservation measures, pressures on agricultural lands from development, 

geographic limitations, and economic considerations, farmers in Canada continue to pursue 

sustainable agriculture practices and increased yields to meet demand. The Petition, as 

supplemented by the above, provides sufficient information to support an aggregate compliance 

approach for Canada. Moreover, the evidence before EPA is that increased biofuel production in 

the United States and in Canada will not have an adverse impact on land use, and the record 

establishes that an aggregate compliance approach for crops and crop residue from Canada is 

more than warranted. 

 

45 Certification Status - Canada and the globe: Statistics, 

http://www.certificationcanada.org/english/status_intentions/status.php; see also Attachments on Certification of 

Forests. 

46 See Attachments [(maps of protected areas)].