Tree Seed Legislation
and Standards
This page contains
a description of provincial and
federal legislation and standards
that govern the use of tree seed
in British Columbia.
PROVINCE OF BRITISH
COLUMBIA
Forest
and Range Practices Act
Seed used for reforestation
is regulated under the Forest
and Range Practices Act (FRPA)
and its regulations and standards.
"Seed" is defined under FRPA as
any part of a forest tree represented,
sold or used to grow a plant.
Section
31 of FRPA requires persons
who establish a free growing stand
under the Act to use seed in accordance
with the regulations and standards. Section
169 permits the government to
establish regulations that authorize
the chief forester to set standards
for tree gene resources, including
seed use. Government has provided
this authority through Section
43 of the Forest Planning
and Practices Regulation and Section
32 of the Woodlot Licence
Planning and Practices Regulation.
These regulations
permit the chief forester to establish
those standards that he deems necessary
to regulate the registration, storage,
selection, transfer and use of tree
seed. Persons who plant trees in
establishing a free growing stand
must use seed in accordance with
these standards, unless the chief
forester or his delegate approves
an alternative. An alternative must
be consistent with the intent of
the standards.
The FRPA regulations
also require persons to keep records
and a planting map which identify
the seed and where it has been planted.
Reporting requirements are described
in other sections of these regulations.
Further information
about FRPA and its regulations may
be found at: http://www.for.gov.bc.ca/code/
Chief
Forester's Standards for Seed Use
In November 2004,
the province's chief forester established
the Chief
Forester's Standards for Seed Use in accordance with FRPA and its
regulations. These standards came
into effect on April 1, 2005.
These standards require
that seed used to establish a free
growing stand on blocks subject
to FRPA must be registered and stored
with the Ministry's Tree Improvement
Branch. Seed must meet specific
collection, genetic diversity and
physical quality requirements to
be eligible for registration. Seed
that has been genetically modified
cannot be registered.
The standards require
persons to select seed with a genetic
worth (level of improvement) of
5% of greater for the trait that
best meets the forest management
objectives of the stand. Seed must
also be transferred from its source
to a planting site in accordance
with the limits prescribed in the
standards. The transfer limits are
specific to a species and seed source
(e.g. natural stand or parent trees
located in a seed orchard) and defined
by seed planning zones, and elevation,
latitudinal and longitudinal ranges.
Collectively, these
standards maintain the identity,
adaptability, diversity and productivity
of the province's tree gene resources.
Further information
on the standards may be found at: http://www.for.gov.bc.ca/code/cfstandards/
Forest Practices
Code of British Columbia Act
Seed used to establish
a free growing stand that remains
subject to the Forest Practices
Code of British Columbia Act (Code),
in accordance with FRPA sections
191 and 192, must be used in accordance
with the Code regulations.
Seed use under Code
is regulated under section 38 of
the Timber
Harvesting and Silviculture Practices
Regulation (THSPR) and section
82 of the Woodlot
Licence Forest Management Regulation
(WLFMR).
These regulations
require that seed used to establish
a free growing stand must be:
(a) registered with the ministry
in accordance with the Tree
Cone, Seed and Vegetative Material
Regulation.
(b) stored with the ministry
(c) of the best genetic quality
source available (i.e. of the highest,
and
(d) transferred in accordance with
the limits described in the Seed
and Vegetative Material Guidebook,
as amended from time to time.
Variances to the selection
(best quality) and transfer regulations
may be provided by a district manager
in accordance with THSPR section
2 or WLFMR section 82.
On May 1, 2005, the
entire Seed and Vegetative Material
Guidebook was repealed and replaced
with the transfer limits described
in the Chief Forester's Standards
for Seed Use (refer to Update
#8).
Following the repeal
of the Tree Cone and Vegetative
Material Regulation in January 2004,
persons are not longer required
to obtain a cone collection permit
or seed dealer's license. However,
authorization from a district manager
is still required if Crown timber
is to be cut or damaged in the process
of collecting cones. Further information
regarding regulatory changes governing
the collection, registration, processing
and disposition of seed may be found
in FRPA
General Bulletin #1.
GOVERNMENT OF CANADA
Seeds
Act
This act and its regulations govern
the testing, inspection, quality
and sale of seeds. The Seeds
Act also applies to seed derived
through biotechnology, including
plants with novel traits (which
includes genetically modified organisms).
Plant
Protection Act
The purpose of this act and it regulations
is to protect Canadian plant life
and the agricultural and forestry
sectors by preventing the importation,
exportation and spread of pests,
and by controlling or eradicating
pests in Canada.
Questions regarding
these federal regulations, including
the import and export of tree seed
and seedlings to, from and within
Canada should be directed to the Canadian
Food Inspection Agency.
