Conditions, Category 2 or 3 butternut trees
 26. The following are the conditions that a person who proposes to undertake impactful actions with respect to Category 2 or 3 butternut trees must satisfy for the purpose of an exemption under subsection 25 (2): 1.  After the end of the 30-day period referred to in paragraph 4 of subsection 24 (1) but before undertaking the proposed impactful actions, the person must, i.  prepare a notice of butternut impact form containing the information required under section 27 and any other information requested on the form, in a form available on the Registry, and ii.  submit the form to the Minister through the Registry. 2.  The person must follow the requirements of section 2 with respect to the completion of the notice of butternut impact form, the keeping of records relating to the notice of butternut impact form and the updating of the information on the Registry. 3.  The person must ensure that a mitigation plan is prepared by a butternut health expert in accordance with section 28 to provide details of the steps required under paragraph 5 and any other steps that are required to minimize or avoid the adverse effects that the proposed impactful actions will have on butternut trees and their habitat. 4.  After the mitigation plan is prepared, the person must, i.  ensure compliance with the mitigation plan, ii.  retain a copy of the mitigation plan for at least five years after the impactful actions have ceased, and iii.  if requested by the Ministry, provide a copy to the Ministry within 14 days of receiving the request. 5.  The person must ensure that, i.  any person, whether an employee, agent, contractor or other, who carries out the proposed impactful actions receives the information and training described in section 29, ii.  measures described in sections 30 to 33 are followed where applicable, iii.  in cases where butternut trees could be harmed by the removal of plants from any part of the habitat of butternut trees, remediation measures are carried out as soon as practically possible to address any effects the removal of the plants may have on soil conditions and vegetation cover, and iv.  if measures required under this paragraph or under the mitigation plan have not been effective in minimizing the adverse effects of the proposed impactful actions on butternut trees and their habitat, further measures are taken as soon as practically possible to increase the effectiveness of the required measures. 6.  For each Category 2 and Category 3 butternut tree that is impacted by the proposed impactful actions, the person must plant the following number of butternut seedlings in accordance with the planting rules set out in subsection 35 (1): i.  In the case of a Category 2 or a Category 3 butternut tree other than a Category 3 butternut tree that the person decides to archive in accordance with section 36, the number of butternut seedlings determined in accordance with subsections 34 (1) and (2) together with the number of butternut seedlings determined in accordance with subsections 34 (3) to (6). ii.  In the case of a Category 3 butternut tree that the person decides to archive in accordance with section 36, the number of butternut seedlings determined in accordance with subsections 34 (3) to (6). 7.  The person must monitor the seedlings planted under paragraph 6 and tend to them in accordance with the rules set out in subsection 35 (2). 8.  The person must keep records with respect to the seedlings planted under paragraph 6 in accordance with subsection 35 (3). 9.  If a seedling that is planted under paragraph 6 dies within five years of being planted, the person must plant another seedling in accordance with the planting rules set out in subsection 35 (1) and must monitor and tend to that seeding, and keep records with respect to that seedling, in accordance with the rules in section 35. 10.  In the case of any Category 3 butternut tree that may be impacted by the proposed impactful actions and that the person decides to archive, the person must ensure that the Category 3 butternut tree or a substitute Category 3 butternut tree is archived in accordance with section 36.