Exemptions
 25. (1) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms or takes one or more butternut trees, if a butternut health expert’s report referred to in section 24 has confirmed that the butternut trees are Category 1 butternut trees. O. Reg. 830/21, s. 25 (1). (2) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms or takes one or more butternut trees if a butternut health expert’s report has confirmed that the butternut trees are Category 2 or 3 butternut trees and, (a)  the person satisfies the conditions relevant to Category 2 or 3 butternut trees, as the case may be, set out in section 26; or (b)  the person, (i)  pays a species conservation charge to the Species at Risk Conservation Trust in accordance with paragraph 5 of subsection 20.3 (1) of the Act and Ontario Regulation 829/21 (Species Conservation Charges) made under the Act, and (ii)  satisfies the conditions relevant to Category 2 or 3 butternut trees, as the case may be, set out in paragraphs 1 to 5 of section 26. O. Reg. 830/21, s. 37 (6). (3) An exemption under subsection (2) applies with respect to the killing, harming or taking of no more than 15 Category 2 butternut trees, and no more than 5 Category 3 butternut trees, that, (a)  are located in the same area or in areas that are in close proximity; and (b)  are to be killed, harmed or taken for the same reason or related reasons. O. Reg. 830/21, s. 25 (3). (4) The limitation under subsection (3) on the number of Category 2 and 3 butternut trees that a person may kill, harm or take pursuant to an exemption under subsection (2) is cumulative and includes any Category 2 and 3 butternut trees that the person has killed, harmed or taken previously under subsection (2) or under subsection 23.7 (4) of Ontario Regulation 242/08 (General) made under the Act, as it read immediately before December 1, 2021, so long as, (a)  the trees previously killed, harmed or taken are located in the same area or in areas that are in close proximity to the areas in which the person is subsequently proposing to kill, harm or take Category 2 or 3 butternut trees; and (b)  the reason for killing, harming or taking the trees previously is the same as or related to the reason for which the person is subsequently proposing to kill, harm or take Category 2 or 3 butternut trees. O. Reg. 830/21, s. 25 (4). (5) Clause 9 (1) (a) of the Act does not apply to a person who kills, harms or takes a butternut tree that was cultivated, if the person is the owner or occupier of the land on which the tree is located or is acting on behalf of the owner or occupier of such land. O. Reg. 830/21, s. 25 (5). (6) The exemption from clause 9 (1) (a) of the Act provided under subsection (5) does not apply in respect of a butternut tree that was planted as a result of, (a)  the requirements for an exemption under subsection (1) or (2) or under subsection 23.7 (4) of the Ontario Regulation 242/08, as it read immediately before December 1, 2021; or (b)  a condition of, (i)  a permit issued under section 17 or 19 of the Act, or (ii)  an agreement entered into under section 16, 16.1 or 19 of the Act. O. Reg. 830/21, s. 25 (6). (7) Clause 9 (1) (b) of the Act does not apply with respect to butternut. O. Reg. 830/21, s. 25 (7). (8) Subsection 10 (1) of the Act does not apply with respect to the damage or destruction of the habitat of a butternut tree that occurs when a person kills, harms or takes a butternut tree, if the person is exempt from clause 9 (1) (a) of the Act pursuant to an exemption under subsection (1), (2) or (5). O. Reg. 830/21, s. 25 (8). (9) Subsection 9 (1) of the Act does not apply to nuts from a butternut tree. O. Reg. 830/21, s. 25 (9). (10) Section 12 of Ontario Regulation 242/08 does not apply to the commercial cultivation of butternut trees. O. Reg. 830/21, s. 25 (10). General Conditions