Transplanting
 33. (1) A person who, in a notice of butternut impact form, proposes to undertake impactful actions that may result in harm to a Category 2 butternut tree may remove the Category 2 butternut tree and transplant it in another area if, (a)  the stem of the tree is less than 3 centimetres in diameter when measured at the height of 1.37 metres or is shorter than 1.37 metres; and (b)  the butternut health expert who prepared the mitigation plan has indicated in the mitigation plan that, in the expert’s opinion, the tree is likely to survive if transplanted. (2) A person who transplants a Category 2 butternut tree under subsection (1) shall ensure that the tree is transplanted only during the period of any given year that begins on September 20 and ends on October 30. (3) A person who transplants a Category 2 butternut tree under subsection (1) shall ensure that the tree is transplanted in an area that meets the following requirements: 1.  The area must be within the same seed zone as the one in which the transplanted tree originated. 2.  The area must have soil that, i.  is greater than one metre deep, ii.  is moist but well-drained, and iii.  has a fine to medium texture with a recognizable organic layer and with a pH ranging from 6.8 to 7.2. 3.  The area must provide full sunlight to the transplanted tree or be capable of providing full sunlight to the transplanted tree with tending. 4.  The area must have conditions that prevent the transplanted tree from being exposed to northerly winds. 5.  The total number of butternut trees in the area, including the transplanted tree, must not exceed 200 butternut trees in any given hectare of land. (4) If a person transplants a Category 2 butternut tree from a shaded area to an area with full sunlight, as required under paragraph 3 of subsection (3), the person shall ensure that temporary shading measures are taken to ensure a gradual transition to full sunlight exposure. (5) A person who transplants a Category 2 butternut tree under subsection (1) shall ensure that the tree is transplanted at least, (a)  three metres from any other existing or transplanted butternut tree; (b)  two metres from any existing tree or shrub that is not a butternut tree and that is likely to be the same height or shorter than the transplanted butternut tree at full growth; (c)  four metres from any existing tree or shrub that is not a butternut tree and that is likely to be taller than the transplanted butternut tree at full growth; (d)  five metres from the canopy drip line of trees that are greater than four metres in height at the time of transplanting; and (e)  100 metres from a highway consisting of two or more lanes in each direction. (6) A person who transplants a Category 2 butternut tree under subsection (1) shall ensure that, (a)  in addition to the requirements in subsections (2) to (5), any requirements in the mitigation plan relating to the transplanting of butternut trees are satisfied; (b)  the monitoring and tending requirements applicable to butternut seedlings under subsection 35 (2) are applied to the transplanted tree and any additional monitoring and tending requirements relating to the transplanted tree and set out in the mitigation plan are satisfied; (c)  record keeping requirements applicable to butternut seedlings under subsection 35 (3) are applied to the transplanted tree and the records are included as an update to the mitigation plan; and (d)  if a butternut tree that is transplanted under this section dies within five years of transplanting, (i)  a butternut seedling is planted to replace the dead tree in accordance with the planting rules under subsection 35 (1), (ii)  the butternut seedling is monitored and tended to in accordance with the requirements set out in subsection 35 (2) and any additional requirements set out in the mitigation plan, and (iii)  records with respect to the planted seedling are kept in accordance with the rules set out in subsection 35 (3). (7) The person who transplants a Category 2 butternut tree under this section shall ensure that all phytosanitary measures recommended by the butternut health expert in the mitigation plan are followed during transplanting in order to prevent the spread of any disease that is harmful to butternut to or from the location in which the butternut tree is being transplanted. Conditions to Provide Overall Benefit to Butternut