Tree Seeds and Services Regulation (BC Reg 138/2019)

Forest and Range Practices Act TREE SEEDS AND SERVICES REGULATION B.C. Reg. 138/2019 Deposited June 24, 2019 and effective July 2, 2019 Consolidated Regulations of British Columbia This is an unofficial consolidation. Consolidation current to July 9, 2019 B.C. Reg. 138/2019 (O.C. 345/2019), deposited June 24, 2019 and effective July 2, 2019, is made under the Forest and Range Practices Act, S.B.C. 2002, c. 69, ss. 141, 143, 146 and 158. This is an unofficial consolidation provided for convenience only. This is not a copy prepared for the purposes of the Evidence Act. This consolidation includes any amendments deposited and in force as of the currency date at the bottom of each page. See the end of this regulation for any amendments deposited but not in force as of the currency date. Any amendments deposited after the currency date are listed in the B.C. Regulations Bulletins. All amendments to this regulation are listed in the Index of B.C. Regulations. Regulations Bulletins and the Index are available online at www.bclaws.ca. See the User Guide for more information about the Consolidated Regulations of British Columbia. The User Guide and the Consolidated Regulations of British Columbia are available online at www.bclaws.ca. Prepared by: Office of Legislative Counsel Ministry of Attorney General Victoria, B.C. Consolidation current to July 9, 2019 Forest and Range Practices Act TREE SEEDS AND SERVICES REGULATION B.C. Reg. 138/2019 Contents 1 Definitions 1 2 Provision of seeds 1 3 Provision of vegetative material 2 4 Provision of services 3 5 Seed services – processing 3 6 Seed services – testing 4 7 Seed services – preparation 4 8 Seed services – withdrawal and shipping 4 9 Vegetative material services – shipping 4 10 Exemption – education, research and conservation 5 11 Exemption – obligation to establish free growing stand 5 SCHEDULE 1 5 SCHEDULE 2 6 Consolidation current to July 9, 2019 Consolidation current to July 9, 2019 1 Forest and Range Practices Act TREE SEEDS AND SERVICES REGULATION B.C. Reg. 138/2019 Definitions 1 In this regulation: “Act” means the Forest and Range Practices Act; “cone” includes other structures in which seeds are generated; “germination index”, (a) in relation to orchard seeds of a tree described in column 1 of Table 1 [Orchard Seeds] of Schedule 1, means the percentage specified in column 3 opposite that description, and (b) in relation to wild seeds of a tree described in column 1 of Table 2 [Wild Seeds] of Schedule 1, means the percentage specified in column 3 opposite that description; “germination test” means a test to determine the percentage of seeds in a seedlot that are likely to germinate; “listed price”, (a) in relation to orchard seeds of a tree described in column 1 of Table 1 [Orchard Seeds] of Schedule 1, means the price specified in column 2 opposite that description, and (b) in relation to wild seeds of a tree described in column 1 of Table 2 [Wild Seeds] of Schedule 1, means the price specified in column 2 opposite that description; “orchard seeds” means seeds collected from a seed orchard; “seed” means a tree seed; “seedlot” means seeds that are assembled as a lot for the purposes of registration in accordance with the standards established under section 169 [chief forester standards] of the Act; “tested germination rate”, in relation to a seedlot, means the percentage of seeds in the seedlot that are likely to germinate, as determined by the minister; “upgrade”, in relation to a seedlot, means to remove non-viable seeds; “wild seeds” means seeds collected from a wild stand of trees. Provision of seeds 2 (1) The minister may provide seeds to a person. (2) Subject to sections 10 and 11 [exemptions], a person to whom seeds are provided under this section must pay to the government the price determined in accordance with the following formula: price weight unit price× germination adjustment×= Consolidation current to July 9, 2019 B.C. Reg. 138/2019 FOREST AND RANGE PRACTICES ACT TREE SEEDS AND SERVICES REGULATION 2 where (3) Subject to subsection (4), the unit price for seeds is the following: (a) the listed price for the seeds, if the seeds are (i) orchard seeds collected from (A) an orchard owned by the government, or (B) an orchard that receives funding from the government under an agreement to provide seeds to the government, or (ii) wild seeds collected before 2004; (b) in any other case, the actual cost to the government of acquiring a kilogram of the seeds. (4) The unit price for seeds referred to in subsection (3) (a) (i) (A) is 50% of the unit price specified under that subsection if the minister considers, having regard to the genetic quality of the seeds, that the volume of the trees grown from the seeds at the location where the seeds will be planted will not be more than 5% greater than the volume of trees of the same species growing in wild stands at that location. (5) The germination adjustment for seeds is the following: (a) if the tested germination rate of the relevant seedlot is less than the germination index for the tree from which that seedlot was collected, the quotient of the tested germination rate and the germination index; (b) in any other case, one. Provision of vegetative material 3 (1) The minister may provide vegetative material to a person in an amount that the minister considers will yield a number of seedlings requested by the person, having regard to (a) the age and vigour of the tree from which the vegetative material is taken, and (b) the climactic conditions under which cuttings are to be taken and seedlings established. (2) Subject to subsection (3) and sections 10 and 11 [exemptions], a person to whom vegetative material is provided under this section must pay to the government $0.03 per seedling requested by the person. (3) If the minister is satisfied that vegetative material initially provided to a person under this section is insufficient to yield the number of seedlings requested by the weight = the weight of the seeds, expressed in kilograms; unit price = the unit price for the seeds specified under subsection (3) or (4) of this section, as applicable; germination adjustment = the germination adjustment for the seeds determined under subsection (5) of this section. Consolidation current to July 9, 2019 FOREST AND RANGE PRACTICES ACT B.C. Reg. 138/2019 TREE SEEDS AND SERVICES REGULATION 3 person, the minister may, without additional change, provide more vegetative material to the person in an amount that the minister considers will make up the insufficiency. Provision of services 4 (1) The minister may provide services in relation to seeds or vegetative material to a person. (2) Subject to sections 10 and 11 [exemptions], a person for whom a service is provided under this section must pay to the government the fee, if any, that is specified in this regulation. Seed services – processing 5 (1) The fee to process seeds for registration and storage is the following: (a) if extraction of the seeds from cones is not required, $75; (b) if extraction of the seeds from cones is required, the fee determined under subsection (2). (2) The fee for the purposes of subsection (1) (b) is the sum of (a) a basic fee of $150, and (b) any of the following additional fees that is applicable: (i) if the seeds are from a tree described in column 1 of Table 1 [Processing Fees] of Schedule 2, the fee specified in column 2 opposite that description; (ii) if the person requests that the seeds be processed on an expedited basis, the following fee: (A) if the volume of the cones from which the seeds are to be extracted is less than or equal to 40 hL, $200; (B) if the volume of the cones from which the seeds are to be extracted is greater than 40 hL, $300; (iii) if atypical effort is required to process the seeds or the person to whom the service is provided requests that the seeds be processed in a special manner, the fee determined under subsection (3). (3) The fee for the purposes of subsection (2) (b) (iii) is the sum of (a) a basic fee of $60 per hour of labour, and (b) any of the following additional fees that is applicable: (i) if kiln-drying cones more than once is necessary, a fee equal to 50% of the fee referred to in subsection (2) (b) (i) per hL of cones; (ii) if extra cleaning to remove pitch from cones is necessary, a fee equal to 5% of the fee referred to in subsection (2) (b) (i) per hL of cones. (4) The fee to upgrade or blend seedlots is $60 per hour of labour. Consolidation current to July 9, 2019 B.C. Reg. 138/2019 FOREST AND RANGE PRACTICES ACT TREE SEEDS AND SERVICES REGULATION 4 Seed services – testing 6 (1) The fee to collect a sample of seeds from a seedlot for testing is $24 per sample, regardless of the number of tests for which the sample is to be used. (2) The fee for a germination test of seeds of a tree described in column 1 of Table 2 [Germination Tests] of Schedule 2 is the fee specified in column 2 opposite the description. (3) The fee for a test described in column 1 of Table 3 [Other Tests] of Schedule 2 is the fee specified in column 2 opposite the description. Seed services – preparation 7 (1) The fee to prepare seeds for sowing is the sum of (a) a basic fee of $16, and (b) any of the following additional fees that is applicable: (i) if the person requests that the seeds be stratified, the fee specified in column 2 of the Table 4 [Stratification] of Schedule 2 opposite the description of the requested stratification in column 1; (ii) if the person requests that the seeds be pelletted, the fee determined under subsection (2). (2) The fee for pelleting is the following: (a) in the case of western redcedar seeds, the lesser of (i) $460, and (ii) the sum of a basic fee of $135 and an additional fee of $0.45 per gram of seeds; (b) in any other case, the sum of a basic fee of $62 and the fee per gram of seeds that the government is charged to have the seeds pelletted. Seed services – withdrawal and shipping 8 (1) The fee to withdraw, package and label seeds is $12. (2) The fee to ship seeds is the greater of (a) the minimum fee specified in subsection (3), and (b) the actual cost to the government to ship the seeds. (3) The minimum fee for the purposes of subsection (2) (a) is the following: (a) if the package is sent with 2 or more other packages withdrawn by the same person and sent to the same address, $6 per package; (b) in any other case, $12 per package. Vegetative material services – shipping 9 The fee to ship vegetative material is the actual cost to the government to ship the vegetative material. Consolidation current to July 9, 2019 FOREST AND RANGE PRACTICES ACT B.C. Reg. 138/2019 TREE SEEDS AND SERVICES REGULATION Schedule 1 5 Exemption – education, research and conservation 10 (1) This section applies in relation to the following prices and fees: (a) a price under section 2 [provision of seeds]; (b) a price under section 3 [provision of vegetative material]; (c) a fee under section 5 (1) (a) and (2) (a) and (b) (i) [seed services – processing]; (d) a fee under section 6 [seed services – testing], other than for a fungal assay; (e) a fee under section 8 [seed services – withdrawal and shipping]. (2) The minister may exempt a person from a price or fee referred to in subsection (1) in relation to the provision of seeds or vegetative material provided for an educa tional, research or conservation purpose if the minister considers that the purpose is likely to contribute to natural resource management in British Columbia. Exemption – obligation to establish free growing stand 11 (1) This section applies in relation to the following fees: (a) a fee under section 6 [seed services – testing] for routine retesting of seeds that are registered and stored; (b) a fee under section 8 [seed services – withdrawal and shipping]. (2) A holder of an agreement under the Forest Act who has an obligation under the Act to establish a free growing stand is exempt from the requirement to pay a service fee referred to in subsection (1) in relation to seeds to be used to meet the obligation. SCHEDULE 1 SEED PRICES Table 1 Orchard Seeds Column 1 Tree Column 2 Price per kg Column 3 Germination index Alder, red $13 000 90% Birch, paper $19 200 85% Douglas-fir – coastal $4 520 90% Douglas-fir – interior $4 320 90% Hemlock, western $7 000 90% Larch, western $3 850 85% Pine, lodgepole $8 500 90% Pine, ponderosa $1 000 85% Pine, western white $2 500 85% Consolidation current to July 9, 2019 B.C. Reg. 138/2019 FOREST AND RANGE PRACTICES ACT TREE SEEDS AND SERVICES REGULATION Schedule 2 6 Table 2 Wild Seeds SCHEDULE 2 SERVICE FEES Definition 1 In this Schedule: Redcedar, western $8 400 85% Spruce, white, Engelmann or any hybrid $4 400 85% Spruce, Sitka $4 000 90% Column 1 Tree Column 2 Price per kg Column 3 Germination index Alder, red $483 65% Birch, paper $447 75% Cedar, yellow $3 704 40% Douglas-fir – coastal, 1966 crop $527 80% Douglas-fir – coastal, other crops $924 90% Douglas-fir – interior $686 90% Fir, amabilis $298 75% Fir, grand $239 80% Fir, noble $209 60% Fir, subalpine $477 60% Hemlock, mountain $2 192 85% Hemlock, western $1 715 90% Larch, western $1 879 85% Pine, limber $3 080 45% Pine, lodgepole – coastal $1 520 90% Pine, lodgepole – interior $1 826 90% Pine, ponderosa $298 90% Pine, western white $1 119 85% Redcedar, western $1 669 80% Spruce, other than Sitka $823 90% Spruce, Sitka $999 90% Column 1 Tree Column 2 Price per kg Column 3 Germination index Consolidation current to July 9, 2019 FOREST AND RANGE PRACTICES ACT B.C. Reg. 138/2019 TREE SEEDS AND SERVICES REGULATION Schedule 2 7 “actual cost”, in relation to a service, means the actual cost to the government of providing the service; “moisture test” means a test to determine the moisture content of a seedlot; “purity test” means a test to determine the percentage of a seedlot by weight that consists of seeds as opposed to debris and other foreign material; “weight test” means a test to determine the number of seeds per gram in a seedlot; “x-ray test” means an x-ray test to determine the viability of seeds. Table 1 Processing Fees Table 2 Germination Tests Column 1 Tree Column 2 Fee per hL of cones Alder $94 Birch $94 Cedar, yellow $94 Douglas-fir $80 Fir, amabilis, grand or subalpine $170 Hemlock, western or mountain $102 Larch $94 Pine, limber, ponderosa or whitebark $86 Pine, lodgepole or western white $72 Redcedar, western $94 Spruce, black $110 Spruce, other than black $72 Column 1 Tree Column 2 Fee Alder $43 Aspen $43 Birch $43 Cedar, yellow $90 Douglas-fir $37 Fir, amabilis, noble or subalpine $90 Fir, grand $68 Hemlock $50 Consolidation current to July 9, 2019 B.C. Reg. 138/2019 FOREST AND RANGE PRACTICES ACT TREE SEEDS AND SERVICES REGULATION Schedule 2 8 Table 3 Other Tests Table 4 Stratification Copyright © 2019, Province of British Columbia Larch $50 Pine, limber, western white or whitebark $90 Pine, lodgepole or ponderosa $37 Redcedar, western $43 Spruce $37 Column 1 Test Column 2 Fee Fungal assay actual cost Moisture test $14 Purity test $37 Weight test $20 X-ray test $14 Column 1 Stratification Column 2 Fee Stratification of yellow cedar seeds $130 Stratification of other seeds for ≤ 6 weeks $40 Stratification of other seeds for > 6 weeks $55 Column 1 Tree Column 2 Fee Consolidation current to July 9, 2019