WHEREAS subsection 135(2) of the Municipal Act, 2001 (the “Act”), as amended, provides that Regional Council may by bylaw prohibit or regulate the destruction or injuring of trees in woodlands designated in the bylaw;
AND WHEREAS subsection 135(10) of the Act provides that a lower-tier municipality may delegate all or part of its power to pass a bylaw respecting the destruction or injuring of trees to its upper-tier municipality with the agreement of the upper-tier municipality;
AND WHEREAS subsection 135(7) of the Act provides that the bylaw may require that a permit be obtained to injure or destroy trees and may impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees;
AND WHEREAS Regional Council has determined that it is desirable to enact such a bylaw for the purpose of achieving the objectives of the Regional Official Plan by sustaining a healthy natural environment while also having regard to good forestry practices;
NOW THEREFORE the Council of The Regional Municipality of York hereby enacts as follows:
1. DEFINITIONS
1.1 In this bylaw:
(a) “Act” means the Municipal Act, 2001, S.O. 2001, c.25, as amended;
(b) “building permit” means a building permit issued under the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
(c) “bush cord” means a volume of wood equivalent to 3.62 cubic metres (128 cubic feet);
(d) “DBH” means the diameter of the stem or trunk of a tree at a point of measurement 1.37 metres from the ground;
(e) “good forestry practices” means the proper implementation of harvest, renewal and maintenance activities known to be appropriate for the forest and environmental conditions under which they are being applied and that minimize detriment to forest values including significant ecosystems, important fish and wildlife habitat, soil and water quality and quantity, forest productivity and health and the aesthetics and recreational opportunities of the landscape;
(f) “injury to a tree” means lasting damage to a tree which has the effect of inhibiting or terminating its growth, but does not include pruning or removing branches for maintenance purposes;
(g) “lower-tier municipality” means each of the Corporations of the City of Vaughan, the Town of Aurora, the Town of East Gwillimbury, the Town of Georgina, the City of Markham, the Town of Newmarket, the Town of Richmond Hill, the Town of Whitchurch-Stouffville and the Township of King;
(h) “nursery stock” means coniferous or hardwood seedlings, transplants, grafts, or trees propagated or grown in a nursery and with the roots attached, and includes cuttings with or without the roots attached;
(i) “officer” means an individual employed by the Region, as provided under Bylaw A-0367-2005-080, for the administration and enforcement of this bylaw;
(j) “owner” means a person having any right, title, interest or equity in land or any such person’s authorized representative;
(k) “own use” means any use by the owner that does not include a sale, exchange or other such disposition of trees harvested;
(l) “permit” means a permit to destroy or injure trees issued under section 5 of this bylaw;
(m) “person” includes an individual, a corporation, and their respective heirs, executors, administrators, or other duly appointed representatives;
(n) “point of measurement” means a point on a tree measured from the highest point at which the tree meets the ground;
(o) “Region” means The Regional Municipality of York;
(p) “Regional Council” means the Council of The Regional Municipality of York;
(q) “silviculture” means the theory and practice of controlling forest establishment, and the composition, growth and quality of forests to achieve the objectives of forest management;
(r) “silvicultural prescription” means a site specific operational plan that describes the existing forest conditions and the forest management objectives for an area, and which prescribes the methods for harvesting the existing forest stand and a series of silvicultural treatments that will be carried out to establish a free growing stand in a manner that accommodates other resource values as identified;
(s) “tree” means any species of woody perennial plant, including its root system, which has reached or can reach a height of at least 4.5 metres at physiological maturity, provided that where multiple stems grow from the same root system, the number of trees shall be the number of stems that can be counted at a point of measurement 1.37 metres from the ground;
(t) “woodlands” means land at least 1 hectare in area with at least:
(i) 1000 trees, of any size, per hectare;
(ii) 750 trees, measuring over five (5) centimetres DBH, per hectare;
(iii) 500 trees, measuring over twelve (12) centimetres DBH, per hectare; or
(iv) 250 trees, measuring over twenty (20) centimetres DBH, per hectare;
but does not include a cultivated fruit or nut orchard, or a plantation established and maintained for the purpose of producing Christmas trees or nursery stock; and
(u) “woodlot” means land at least 0.2 hectare in area and no greater than 1 hectare in area, with at least:
(i) 200 trees, of any size, per 0.2 hectare;
(ii) 150 trees, measuring over five (5) centimetres DBH, per 0.2 hectare;
(iii) 100 trees, measuring over twelve (12) centimetres DBH, per 0.2 hectare; or
(iv) 50 trees, measuring over twenty (20) centimetres DBH, per 0.2 hectare;
but does not include a cultivated fruit or nut orchard, or a plantation established and maintained for the purpose of producing Christmas trees or nursery stock.
2. SCOPE OF BYLAW
2.1 This bylaw applies to all woodlands and to woodlots in those lower-tier municipalities which have delegated to the Region their power under subsection 135(10) of the Act, including any delegation made prior to the passing of this bylaw.
2.2 For the purpose of subsection 2.1 of this bylaw, the effective date of delegation by a lower-tier municipality shall be the date on which a resolution is passed by that lower-tier municipality authorizing the delegation.
3. EXEMPTIONS
3.1 Despite section 2 of this bylaw, this bylaw does not apply to :
(a) activities or matters undertaken by a municipality or a local board of a municipality;
(b) activities or matters undertaken under a licence issued under the Crown Forest Sustainability Act, 1994;
(c) the injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the practice of cadastral surveying, or his or her agent, while making a survey;
(d) the injuring or destruction of trees imposed after December 31, 2002 as a condition to the approval of a site plan, a plan of subdivision, or a consent under section 41, 51, or 53, respectively, of the Planning Act or as a requirement of a site plan agreement or subdivison agreement entered into under those sections;
(e) the injuring or destruction of trees imposed after December 31, 2002 as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation;
(f) the injuring or destruction of trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section;
(g) the injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act;
(h) the injuring or destruction of trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land,
(i) that has not been designated under theAggregate Resources Act or a predecessor of that Act; and
(ii) on which a pit or quarry is a permitted land use under a bylaw passed under section 34 of the Planning Act;
(i) the injuring or destruction of trees required in order to erect a building or structure, in respect of which a building permit has been issued, provided that the total area within which trees are injured or destroyed is within 15 metres of the outer edge of the building or structure or proposed building or structure;
(j) the injuring or destruction of trees that is reasonably required in order to install and provide utilities to the construction or use of a building or structure in respect of which a building permit has been issued, including the installation of a primary septic bed;
(k) the injuring or destruction of trees that is reasonably required in order to install and provide utilities to a single lane driveway for vehicular access to a building or structure in respect of which a building permit has been issued;
(l) the injuring or destruction of trees provided that no more than the equivalent of six (6) bush cords of wood are injured or destroyed in a calendar year from an owner’s property for the owner’s own use, and that the injuring or destruction of trees is consistent with good forestry practices;
(m) the injuring or destruction of Eastern White Cedar trees provided that no more than the equivalent of three (3) bush cords of wood are injured or destroyed in a calendar year from an owner’s property for the purpose of maintaining existing fencing, and that the injuring or destruction of trees is in accordance with good forestry practices;
(n) the injuring or destruction of trees along a property boundary to a maximum width of 2.5 meters for the purpose of installing or maintaining a property boundary fence; or
(o) the injuring or destruction of trees that are in a hazardous condition.
4. PROHIBITION
4.1 No person shall cause or permit the injuring or destruction of a tree growing in woodlands or a woodlot:
(a) unless exempted by section 3 of this bylaw; or
(b) except in accordance with a permit issued under section 5 of this bylaw.
4.2 No person shall:
(a) contravene the terms or conditions of a permit issued under this bylaw; or
(b) cause or permit the contravention of the terms or conditions of a permit issued under this bylaw.
5. PERMITS
5.1 Upon application by an owner, the Region may issue the following permits:
(a) Good Forestry Practices Permits; and
(b) Special Permits.
5.2 Regional Council hereby delegates to an officer the power to issue a permit under subsections 5.3, 5.4 and 5.7 of this bylaw and to impose conditions to such permits in accordance with good forestry practices and to mitigate the direct and indirect effects of the injuring or destruction of trees on the natural environment.
Good Forestry Practices Permits
5.3 The Region may issue a Good Forestry Practices Permit to permit the injuring or destruction of trees provided that the injuring or destruction of trees is conducted in accordance with good forestry practices as prescribed in a silvicultural prescription prepared by a Registered Professional Forester or an Associate Member of the Ontario Professional Foresters Association, as provided under the Professional Foresters Act, 2000, SO 2000, c 8. and provided further that the trees to be injured or destroyed are marked, in accordance with the prescription, by a person certified under the Ontario Ministry of Natural Resources Tree Marker Program, or a Member of the Ontario Professional Foresters Association who is qualified to perform tree marking.
5.4 The Region may issue a Good Forestry Practices Permit to permit the injuring or destruction of trees provided that the injuring or destruction of trees is conducted in accordance with a forest management plan prepared for the purpose of the Managed Forest Tax Incentive Program, and provided that:
(a) a copy of the approved forest management plan is submitted to the Region with the application;
(b) the trees are marked with paint in accordance with the management plan and to the satisfaction of an officer;
(c) the officer is satisfied that the injuring or destruction of trees is consistent with good forestry practices; and
(d) the officer is satisfied that the injuring or destruction of trees will be in compliance with agricultural and natural environment policies adopted by Regional Council from time to time.
Special Permits
5.5 Where a person intends to injure or destroy trees and the proposed activity does not meet the requirements set out in subsections 5.3 or 5.4 of this bylaw, an application may be made for a Special Permit.
5.6 The Region may issue a Special Permit to permit the injuring or destruction of trees provided that Regional Council is satisfied that the injuring or destruction of trees will be in compliance with agricultural and natural environment policies adopted by Regional Council from time to time.
5.7 An officer may issue a Special Permit to permit the injuring or destruction of trees provided that the total area of tree removal does not exceed 0.2 hectare, and provided that the officer is satisfied that the injuring or destruction of trees will be in compliance with agricultural and natural environment policies adopted by Regional Council from time to time.
6. APPLICATION PROCESS
6.1 Every person who intends to injure or destroy a tree where a permit to do so is required under this bylaw shall first complete and submit an application for a permit in the form approved by the Region from time to time.
6.2 An application for a permit shall:
(a) be accompanied by the applicable fee as prescribed in Schedule “A” and
(b) contain a description of the proposed activity.
6.3 An application for a permit shall be deemed incomplete, and no permit shall be issued if:
(a) the application has not been completed in full;
(b) the owner of the woodlands or woodlot has not signed the application;
(c) the party who will be undertaking or responsible for the injuring or destruction of trees has not signed the application; or
(d) the application fee has not been paid.
6.4 In addition to the requirements set out in subsections 6.1, 6.2 and 6.3 of this bylaw, an application for a Good Forestry Practices Permit shall include:
(a) a silvicultural prescription prepared in accordance with subsection 5.3 of this bylaw and the name of the person certified under the Ontario Ministry of Natural Resources Tree Marker Program, or a Member of the Ontario Professional Foresters Association who is qualified to perform tree marking and who marked the trees to be injured or destroyed in accordance with the prescription; or
(b) a copy of the approved forest management plan prepared for the purpose of the Managed Forest Tax Incentive Program, in accordance with subsection 5.4 of this bylaw.
6.5 In addition to the requirements set out in subsections 6.1, 6.2 and 6.3 of this bylaw, an application for a Special Permit shall include:
(a) an explanation of the necessity for the proposed activity and the rationale for selecting the area; and
(b) an environmental impact study which meets or exceeds the requirements prescribed by the Region from time to time.
6.6 Upon receipt by the Region of an application for a permit, the owner shall permit an officer to enter upon his or her property, at any reasonable time, without a warrant and without prior authorization, and undertake such site inspections as may be required to consider the application. An officer may undertake a site inspection prior to, during and after the proposed activity.
6.7 The Region may impose conditions to a permit that may include:
(a) the manner and timing in which the injuring or destruction of trees is to be carried out;
(b) the qualifications of persons authorized to injure or destroy trees;
(c) the species, size, number and location of replacement trees to be planted; and
(d) measures to be implemented to mitigate the direct and indirect effects of the injuring or destruction of trees on the natural environment.
6.8 A permit issued pursuant to this bylaw expires one year after the date of issuance, provided that an officer may, upon the request of the owner, renew the permit for a further period of one year.
6.9 A decision regarding an application for a permit shall not be made by the Region until such time as all the required documents have been received by the Region, the applicable fee has been paid and any required inspections have been undertaken.
6.10 An application for a permit shall not be deemed to be received by the Region until such time as all requirements under section 6 of this bylaw have been fulfilled by the applicant.
7. ENFORCEMENT
7.1 The provisions of this bylaw may be enforced by an officer.
7.2 Pursuant to subsection 436 of the Act, an officer may, at any reasonable time, without a warrant, enter and inspect any land to determine whether this bylaw, an order under this bylaw, a condition of a permit, or a court order made under section 431 of the Act is being breached or complied with.
7.3 For the purposes of an inspection under this bylaw, an officer may:
(a) require the production for inspection of documents or things relevant to the inspection;
(b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
(c) require information from any person concerning a matter related to the inspection including his or her name and address; and
(d) alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purpose of the inspection.
7.4 If a sample is taken under subsection 7.3 (d) of this bylaw, the sample shall be divided into two parts, and one part shall be delivered to the person from whom the sample is taken, if the person so requests at the time the sample is taken and provides the necessary facilities.
7.5 If a sample taken under subsection 7.3 (d) of this bylaw has not been divided into two parts, a copy of any report on the sample shall be given to the person from whom the sample was taken.
7.6 A receipt shall be provided for any document or thing removed under subsection 7.3 (b) of this bylaw and the document or thing shall be promptly returned after the copies or extracts are made.
7.7 Copies of or extracts from documents and things removed under this section and certified as being true copies of or extracts from the originals by the person who made them are admissible in evidence to the same extent as, and have the same evidentiary value as, the originals.
8. ORDERS TO DISCONTINUE ACTIVITY
8.1 Where an officer is satisfied that a contravention of this bylaw has occurred, the officer may issue an order requiring the person who contravened the bylaw or who caused or permitted the injuring or destruction of trees in contravention of the bylaw to discontinue the injuring or destruction of trees.
9. WORK ORDERS
9.1 Where an officer is satisfied that a contravention of this bylaw has occurred, the officer may issue a work order to the person who contravened or permitted the contravention of this bylaw, as well as to the owner of the property on which the contravention occurred, to do work to correct the contravention. The order shall set out the reasonable particulars of the contravention adequate to identify the contravention, the location of the property on which the contravention occurred, the work to be done and the date by which there must be compliance with the order. The order may also provide that if the person or owner fails to correct the contravention, the Region may do the work to correct the contravention, at the expense of the person and the owner. The order may be served in accordance with the service provisions contained in this bylaw.
10. SERVICE
10.1 An order issued under this bylaw may be served personally or served by sending it by regular mail to the last known address of:
(a) the person to whom the order is directed;
(b) the owner of the woodlands or woodlot; and
(c) any person injuring or destroying a tree.
10.2 Where service of an order is made by regular mail, service shall be deemed to have been effected on the fifth day after the order is mailed.
10.3 In addition to serving an order as per section 10.1 of this bylaw, an officer may also place a placard containing the terms of the order in a conspicuous place on the property.
10.4 Where service cannot be carried out under subsection 10.1 of this bylaw, the officer shall place a placard containing the terms of the order in a conspicuous place on the property where the trees are being injured or destroyed, and the placing of the placard shall be deemed to be sufficient service of the order on the person or persons to whom the order is directed.
11. PENALTIES
11.1 Any person who contravenes any provision of this bylaw, the terms or conditions of a permit, or an order issued under this bylaw or any court order is guilty of an offence.
11.2 If a corporation has contravened a provision of this bylaw, including any terms or conditions of any permit, any order issued under this bylaw, or any court order, every director and officer who knowingly concurred in such a contravention is guilty of an offence.
11.3 Every person who is guilty of an offence under this bylaw shall be subject to the following penalties:
(a) upon a first conviction, to a fine of not less than $100 and not more than $50,000;
(b) upon a second or subsequent conviction for the same offence, to a fine of not less than $400 and not more than $100,000;
(c) upon conviction for a continuing offence, to a fine of not less than $100 and not more than $10,000 for each day or part of a day that the offence continues. The total of the daily fines may exceed $100,000;
(d) upon conviction of a multiple offence, for each offence included in the multiple offence, to a fine of not less than $100 and not more than $10,000. The total of all fines for each included offence may exceed $100,000.
11.4 For the purposes of this bylaw, an offence is a second or subsequent offence if the act giving rise to the offence occurred after a conviction has been entered at an earlier date for the same offence.
11.5 If an order has been issued under this bylaw or by the court, and the order has not been complied with, the contravention of the order shall be deemed to be a continuing offence for each day or part of a day that the order is not complied with.
11.6 For the purposes of this bylaw, “multiple offence” means an offence in respect of two or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this bylaw.
11.7 In addition to the fines that may be imposed under subsection 11.3 of this bylaw, a special fine may be imposed in circumstances where more than 100 trees have been injured or destroyed in contravention of this bylaw. The total amount of the special fines may exceed $100,000. A special fine shall be calculated on the basis of:
(a) a fine of not less than $50.00 and not more than $1,000 per tree injured or destroyed for each tree in excess of 100 trees injured or destroyed.
12. REBUTTABLE PRESUMPTION
12.1 An owner shall be presumed to have injured or destroyed or caused or permitted to be injured or destroyed a tree growing in woodlands or a woodlot, or contravened or caused or permitted the contravention of the terms or conditions of a permit issued under this bylaw, as the case may be, which presumption may be rebutted by evidence to the contrary on a balance of probabilities.
13. INTERPRETATION
13.1 In this bylaw, wherever the singular is used, it is intended to include the plural.
14. REPEAL AND TRANSITION
14.1 Bylaw Number TR-0004-2005-036 is hereby repealed, effective October 1, 2013.
14.2 Despite the repeal of bylaw TR-0004-2005-36, that bylaw shall continue to apply to any injury or destruction of trees and to any permits issued prior to the passing of this bylaw.
15. GENERAL
15.1 Schedule “A” forms part of this bylaw.
15.2 The short title of this bylaw is the “Forest Conservation Bylaw”.
15.3 This bylaw shall come into effect on October 1, 2013.
ENACTED AND PASSED on September 26, 2013.
| Denis Kelly | Bill Fisch |
| Regional Clerk | Regional Chair |
Authorized by Clause 1, Report 3, of the Environmental Services Committee, adopted by Regional Council at its meeting on April 18, 2013.
