Archiving butternut trees
 36. (1) If a person who proposes to undertake impactful actions with respect to a Category 3 butternut tree decides to archive the tree, the person shall ensure that the tree is archived by a butternut health expert. (2) Despite subsection (1), if, in the opinion of the butternut health expert responsible for the archiving, any of the following conditions are satisfied, a substitute Category 3 butternut tree shall be archived instead of the Category 3 butternut tree that will be impacted by the proposed impactful actions: 1.  The butternut tree that will be impacted has been archived previously. 2.  The butternut tree that will be impacted is not capable of being successfully archived based on indicators of its health. 3.  There is another Category 3 butternut tree situated in proximity to the butternut tree that will be impacted that is capable of genetically duplicating the butternut tree that will be impacted and that other Category 3 butternut tree, i.  will not be impacted by the proposed impactful actions, or ii.  will be archived or has been archived previously. (3) A Category 3 butternut tree shall not be used as a substitute tree for the purposes of archiving if, in the opinion of the butternut health expert conducting the archiving, any of the conditions described in subsection (2) apply with respect to that tree. (4) Archiving of a Category 3 butternut tree shall be conducted in accordance with the following rules: 1.  The tree shall be marked with non-invasive marking indicating that the tree is to be archived. 2.  The root harm prevention zone of the tree shall be marked with non-invasive marking. 3.  Before a Category 3 butternut tree is killed, harmed or taken, at least 50 butternut scions shall be removed from the tree in a manner that minimizes harm to the tree and in accordance with the rules set out in subsection (5). 4.  At least 30 of the butternut scions removed under paragraph 3 shall be grafted to suitable rootstock. 5.  Grafts of butternut scions shall be maintained and tended to for the first two years after grafting in an environment, such as a greenhouse or cold storage area, that facilitates the survival and growth of the grafts. 6.  A graft shall be maintained in an environment described in paragraph 5 for a third year if, in the opinion of a butternut health expert, it is necessary to do so for the health and survival of the graft. 7.  At the end of the period referred to in paragraph 5 or 6, as the case may be, a graft shall be planted in an archive, conservation nursery, botanical garden, conservation area or arboretum at an appropriate time of year. 8.  Grafts shall be tended to and monitored for at least three years following the date of planting to increase the likelihood of successful establishment. (5) The following are the rules that apply to the removal of scions from a Category 3 butternut tree for the purposes of paragraph 3 of subsection (4): 1.  The removal must take place during the month of February or March. 2.  The scions must be removed from the top branches of the tree. 3.  Each removed scion shall represent at least two years of growth by the tree. 4.  Scions that are being transported after removal must be kept frozen during transport. 5.  All necessary phytosanitary measures must be taken to prevent the spread of disease to or from the location of the tree being archived. (6) The person who decides to archive a Category 3 butternut tree shall ensure that records of the archiving of the tree, or its substitute, are prepared and submitted to the Ministry on or before December 31 of the first year in which the archiving takes place. (7) An archiving record prepared under subsection (6) shall include, (a)  the number of scions that were removed from the tree; (b)  the number of grafts carried out and the number that survived as of the day the archiving record is submitted; and (c)  the number of grafts planted and the location in which they were each planted, whether an archive, conservation nursery, botanical garden, conservation area or arboretum. (8) The person who decides to archive a Category 3 butternut tree shall ensure that an update of the archiving records prepared under subsection (6) is prepared and submitted to the Ministry on or before December 31 of each of the five years following the year of the first archiving record submission. (9) The person who decides to archive a Category 3 butternut tree shall, (a)  retain a copy of the records prepared and updated under subsections (6) and (8) for at least five years after the last year in which an update was prepared; and (b)  provide a copy of the records to the Ministry within 14 days of receiving a request for the records. Part VI (OMITTED) 37. Omitted (provides for amendments to this Regulation). 38. Omitted (provides for coming into force of provisions of this Regulation).  Français