Number of butternut seedlings to be planted
 34. (1) For each Category 2 or 3 butternut tree that is killed, harmed or taken by impactful actions undertaken by a person in accordance with this Part, other than a Category 3 butternut tree that the person decides to archive in accordance with section 36, the person shall plant the number of butternut seedlings set out in Column 5 of the Table to this subsection, based on the diameter of the stem of the butternut tree that was killed, harmed or taken, measured in accordance with the Butternut Assessment Guidelines, as set out in Column 3 of the Table and on whether the person killed, harmed or took the butternut tree, as set out in Column 4 of the Table. Table   Number of seedlings to be planted Column 1   Item   Column 2   Category of butternut tree   Column 3   Tree stem diameter   Column 4   Act prohibited under clause 9 (1) (a) of Act   Column 5   Number of butternut seedlings to be planted 

  1.   Category 2   Less than 3 centimetres    Killed or taken   2 

  2.   Category 2   At least 3 centimetres but less than 15 centimetres   Killed or taken   5 

  3.   Category 2   At least 15 centimetres   Killed or taken   20 

  4.   Category 2   Less than 3 centimetres   Harmed   1 

  5.   Category 2   At least 3 centimetres but less than 15 centimetres   Harmed   3 

  6.   Category 2   At least 15 centimetres   Harmed   10 

  7.   Category 3   At least 20 centimetres   Killed or taken   200 

  8.   Category 3   At least 20 centimetres   Harmed   100  (2) For the purposes of determining the number of butternut seedlings to be planted under subsection (1), (a)  a butternut tree that is killed, harmed or taken and that measures less than 1.37 metres in height shall be deemed to have a tree stem diameter of less than three centimetres; and (b)  a Category 2 butternut tree that is taken and transplanted in accordance with section 33 shall be deemed not to have been taken but to have been harmed. (3) A person who undertakes impactful actions in accordance with this Part shall plant the number of butternut seedlings determined under subsections (4) and (5) if, (a)  more than 10 Category 2 butternut trees are killed, harmed or taken; or (b)  one or more Category 3 butternut trees are killed, harmed or taken, whether or not any of those Category 3 butternut trees have been or will be archived in accordance with section 36. (4) The number of butternut seedlings to be planted by a person under subsection (3) shall be equal to 17 seedlings for every hectare of land that is affected by the impactful actions undertaken by the person with respect to Category 2 and 3 butternut trees. (5) For the purposes of subsection (4), the hectares of land that are affected by impactful actions undertaken by a person with respect to Category 2 and 3 butternut trees are equal to the total surface area, in hectares, of the horizontal plane of land formed by circles, each with a 50 metre radius, extending from each Category 2 and 3 tree that will be impacted by the person’s impactful actions, less the surface area of the impervious surfaces and surface water bodies within that plane. (6) In subsection (5), “impervious surface” means a surface that does not permit the infiltration of water, such as a rooftop, sidewalk, paved roadway, driveway or parking lot.