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Agenda - Standing Policy Committee on Community Services - December 2, 2025
REPORTS
Item No. 11
City of Winnipeg Tree By-law
WINNIPEG PUBLIC SERVICE RECOMMENDATION:
1.
That the Public Service report back by December 2026 with:
A.
a by-law to protect trees on public or City-owned property; and
B.
a City tree policy.
2.
That the Proper Officers of the City be authorized to do all things necessary to implement
the intent of the foregoing.
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Agenda - Standing Policy Committee on Community Services - December 2, 2025
DECISION MAKING HISTORY:
STANDING COMMITTEE RECOMMENDATION:
On September 8, 2025, the Standing Policy Committee on Community Services concurred in the
recommendation of the Winnipeg Public Service and granted an extension of time of up to 90
days to report back with a review of the City of Winnipeg Charter, in consultation with the
Province of Manitoba, to have a by-law brought forward to Council to enhance tree protection to
include private properties.
On June 13, 2025, the Standing Policy Committee on Community Services concurred in the
recommendation of the Winnipeg Public Service and granted an extension of time of 60 days to
report back on the matter.
On July 5, 2024, the Standing Policy Committee on Community Services concurred in the
recommendation of the Winnipeg Public Service and granted an extension of time of up to 300
days to report back on the matter.
David Grant submitted a communication with respect to the matter.
On March 6, 2024, the Standing Policy Committee on Community Services concurred in the
recommendation of the Winnipeg Public Service and granted an extension of time of 120 days
for the Winnipeg Public Service to report back on the matter.
On November 20, 2023, the Standing Policy Committee on Community Services directed the
Winnipeg Public Service to report back in 90 days on the following:
1.
A review of the City of Winnipeg Charter, in consultation with the Province of Manitoba,
to have a by-law brought forward to Council to enhance tree protection to include private
properties.
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ADMINISTRATIVE REPORT
Title:
City of Winnipeg Tree By-law
Critical Path: Standing Policy Committee on Community Services
AUTHORIZATION
EXECUTIVE SUMMARY
Winnipeg does not have a Tree By-law. The Public Service was told to review the City of
Winnipeg Charter (the "City Charter") and consult with the Province of Manitoba to determine
what would be required to develop a bylaw to protect trees on both private and public property.
Through this review, the Public Service determined four things:
-
The City's ability to protect public trees is varied and limited;
-
The City has limited authority to regulate trees on private property;
-
The Charter provides the City authority to regulate tree removal within the purview of
City zoning by-laws; and
-
Regulations around trees are not clear enough to be effective and have insufficient
enforcement.
As such the Public Service has submitted a request to the Province to amend the City Charter.
The amendment would grant the City more general authority to protect trees on private property.
In the interim, as the City has authority to regulate trees within the purview of the City zoning by-
laws, the Public Service will review the City's zoning by-laws in the comprehensive zoning by-
law review for amendments to regulate the removal, protection, compensation, and planting of
trees.
In the interim, the Public Service recommends:
-
No action on a private tree by-law until the Charter is amended
-
Development of a Public Tree By-law for Council consideration in Q4 2026 -
This by-law should include recommendations for both administration and enforcement.
-
Development of a City Tree Policy in Q4 2026
The Tree Policy would clarify rules for removing, protecting, planting, and getting
compensation for trees on City property.
The Comprehensive Urban Forest Strategy adopted by Council on December 14, 2023,
recommends adopting a Tree By-law and a City Tree Policy.
Author
Department Head
CFO
CAO
D. Domke
J. Berezowsky
N/A
J. Dunford
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RECOMMENDATIONS
1.
That the Public Service report back by December 2026 with:
A. a by-law to protect trees on public or City-owned property; and
B. a City tree policy.
2.
That the Proper Officers of the City be authorized to do all things necessary to
implement the intent of the foregoing.
REASON FOR THE REPORT
On November 20, 2023, the Standing Policy Committee on Community Services directed the
Winnipeg Public Service to report back in 90 days on the following:
1. A review of the City of Winnipeg Charter, in consultation with the Province of Manitoba,
to have a by-law brought forward to Council to enhance tree protection to include private
properties.
Subsequent extensions of time were provided to the Department to report back on the matter.
IMPLICATIONS OF THE RECOMMENDATIONS
There are no immediate implications with the recommendations of this report.
HISTORY/DISCUSSION
Recent concerns and discussions regarding City tree removal legislation and enhanced
protection of public trees can be traced back to 1993. In 1993, the Commissioner of Protection,
Parks and Culture requested a report from the Department of Parks and Recreation on tree
removal legislation. In 1994, the Public Service drafted a Public Tree By-law that addressed the
protection, planting and maintenance of trees and woody shrubs growing on public lands.
However, the draft by-law was not moved any further.
Since that time, there have been repeated concerns, discussions and reviews related to
enhancing tree protection, including minor revisions to various City by-laws and direction for
enhanced protection of the urban forest in Our Winnipeg, Complete Communities, the
Residential Infill Strategy, the Winnipeg Parks Strategy, and the Winnipeg Urban Forest
Strategy. Although injury to or removal of trees on public property is noted in some City by-laws,
tree protection is not well-defined, authority varies depending on the by-law, and enforcement is
very limited.
Tree by-laws have been enacted in many Canadian cities and towns, most with smaller urban
forests than Winnipeg. Examples of cities, towns and municipalities with tree by-laws are
Fredericton, Halifax, Toronto, Brampton, Burlington, Guelph, Kitchener, Langford, Mississauga,
Oakville, Aurora, Ottawa, Kingston, London, Richmond Hill, Vaughn, Markham, Regina,
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Saskatoon, Calgary, Edmonton, Burnaby, Coquitlam, Kelowna, Surrey, New Westminster, North
Vancouver, Vancouver, and Victoria. The by-laws in Fredericton and cities/municipalities in
Ontario and British Columbia, regulate the injury and removal of trees on public and private
property. The by-laws in Halifax and cities/municipalities in Alberta and Saskatchewan, regulate
trees only on public property. All of the by-laws include fines and penalties for violations. To
date, the City of Winnipeg does not have a tree by-law.
The City previously had a City Tree Removal Policy C222 dating back to 1984. This Policy
outlined the procedure for the removal of a tree located on a City street. During a
comprehensive review and consolidation of City policies and by-laws in and around 2009 by the
Public Service, processes in the City Tree Removal Policy were incorporated into some City by-
laws that refer to the regulation of City trees, and the City Tree Removal Policy was repealed.
Summary of City of Winnipeg by-laws related to trees
1. Public trees
At present there are five by-laws that refer to the protection and regulation of trees located on
City-owned property in Winnipeg. Tree protection is limited and variable with little to no
enforcement. These by-laws are listed below:
a)
Streets By-law No. 1481/77 - limited protection of boulevard trees from injury and
removal, limited enforcement.
b)
Neighbourhood Liveability By-law No. 1/2008 - limited protection of boulevard trees from
injury and removal, limited enforcement.
c)
Private Access By-law No. 49/2006 - regulates removal of public trees in the
construction or modification of private approaches via a private access permit
application.
d)
Winnipeg Zoning By-law No. 200/2006, Part 5 (Development and Design Standards) -
presents a credit system for private trees preserved on site during development,
although credits from preserved trees do not offset the number of trees already required
in street frontage landscaping on private land.
e)
Parks By-law No. 85/2009 - limited protection of park trees from injury and removal, with
no enforcement.
2. Private trees
Presently, there is no City legislation to protect trees located on privately-owned property other
than that noted in the Winnipeg Zoning By-law via a tree preservation credit system which has
little outcome for preserving and protecting trees.
In the public engagement workshops for the Residential Infill Strategy: Small-Scale and Low-
Rise Residential Development Guidelines for Mature Communities, participants identified as
one of the top priorities that the City needs to protect trees on private property.
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Winnipeg Urban Forest Strategy
On December 14, 2023, Council adopted the Winnipeg Comprehensive Urban Forest Strategy.
The Strategy provides a 20-year vision and strategic framework to direct future planning,
protection, growth, and management of the urban forest. It identifies key recommendations and
strategic actions to help protect, preserve, and enhance Winnipeg's tree canopy towards
achieving a canopy cover of 20 percent by 2045 and 24 percent by 2065. Strategic actions
include the adoption of a tree by-law and a City tree policy.
Current status and recommendations: Authority under the City Charter for a private tree
by-law
The Public Service has reviewed the City of Winnipeg Charter (the "Charter") in relation to its
authority to enact a by-law to regulate trees on private property. Under s. 131 of the Charter, the
City has authority to enact a tree by-law in respect of trees located on privately-owned property.
However, this authority is limited to property "adjacent to streets".
The Charter does provide authority to regulate the removal of vegetation (including trees) within
the purview of City's zoning by-laws. Hence, with existing authority, the Winnipeg Zoning By-law
could be amended to more clearly regulate tree removals on private properties related to this
by-law. A broader authority under a tree protection by-law would still be required to simplify the
process and to provide comprehensive protection of the urban forest canopy.
The Public Service has written to the Province of Manitoba (Minister of Natural Resources and
Indigenous Futures and Minister of Municipal and Northern Relations) to ask that the Charter be
amended to provide a more general authority to protect trees located on private property.
Additional information has been provided to the Province upon request by Provincial
representative. At the time of this report, no further response from the Province has been
received.
Due to the current limited authority for the City to adopt a private tree by-law under the Charter,
and the need for public engagement, the Public Service recommends revisiting the development
of a private tree by-law at a later date, if and when the Charter is amended as noted. However,
as the City currently has the authority to regulate trees within the purview of its y zoning by-
laws, the Public Service will review this authority in the comprehensive zoning by-law review.
Current status and recommendations: Public Tree By-law and City Tree Policy for City-
owned trees
Tree protection and replacement requirements are an important tool for maintaining and
growing tree canopy, which are priorities of the Winnipeg Urban Forest Strategy. City trees are
assets that accrue in value over time. Protection and replacement of public trees is diluted
amongst various by-laws with little enforcement. A public tree by-law would consolidate and
strengthen tree retention, protection and replacement requirements for public trees that are
impacted or removed for construction, development, services, or other reasons. Such a by-law
would aim to achieve outcomes that retain healthy trees when feasible, require replacement
trees or compensation to regenerate lost canopy cover and create a clear and consistent
process that is efficient for all parties to implement.
Although the City no longer has a City Tree Removal Policy, The City of Winnipeg Tree
Removal Guidelines and Compensation Requirements outline the process for the removal of
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and compensation for trees on City-owned land. The City also has details and specifications
and other guidelines for tree planting on streets and in parks (including regional and downtown
streets), tree protection procedures, and maintenance of trees on public property. However,
these processes are not consolidated or transparent resulting in inconsistent application related
to work occurring on public property. A City Tree Policy is necessary to consolidate these
processes into one Policy to more effectively manage the City's tree assets and to align with the
regulation of public trees under the public tree by-law.
A detailed review of tree by-laws in Canadian cities and best practices has been conducted in
consideration of Winnipeg's local context and values. Recommendations for the protection of
City-owned trees to be included in a Tree By-law for Winnipeg are summarized broadly below
and provided in more detail in Appendix 1 and Appendix 2.
1. General administrative recommendations - identify requirements in the administration of the
by-law outlined below:
a. scope of the by-law and actions that are prohibited unless a tree permit is obtained
(recommended language specific to the Tree By-law is described in Appendix 2),
b. submission requirements for permit applications,
c. tree protection requirements on construction sites,
d. replacement tree planting standards,
e. cash-in-lieu compensation, and
f.
enforcement.
2. Substantive recommendations - identify how the by-law will apply and function related to the
components listed below:
a. protected trees - defining which trees are regulated by the by-law (trees on City
lands),
b. tree retention - limiting the circumstances under which City trees may be removed,
c. tree replacement - requiring replacement trees to compensate for the removal of
City trees,
d. securities and fees - defining appropriate refundable securities and permit fees, and
e. an appeal and / or variance process for those seeking relief from the proposed tree
by-law regulations
Additional considerations
1. Updates to other by-laws
As part of the comprehensive review of the Zoning By-law, the items listed below should align
with the recommendations for a Public Tree By-law and with the intent of enhancing tree
protection under current authority in the City Charter:
-
Add a provision to the Zoning By-law covering both Downtown and the rest of the city
that specifies development permits are needed for removing trees of certain size and
categories.
-
Consider ways to address recently exempted significant building additions, to prevent
gaps in the administration of tree protection.
8
-
Include a provision that defines the conditions under which a development permit would
be issued to allow for tree removal.
Updates also will be required subsequently to the Private Access By-law, Streets By-law, Parks
By-law, and Neighbourhood Livability By-law to align and have consistent language with the
Public Tree By-law.
2. Cash-in-lieu compensation under the Public Tree By-law
On September 12, 2025, the Standing Policy Committee on Property and Development, referred
the Public Service recommendation for cash-in-lieu compensation for infill development
properties that do not meet tree planting requirements outlined in the City's zoning by-laws, at a
current value of $1,000 per tree not planted, to the comprehensive Zoning By-law review
process. This recommendation was related to the establishment of a public tree fund with
proposed compensation from infill development.
Cash-in-lieu compensation for the removal of public trees will also be a component of the Public
Tree By-law. Hence, it is recommended all cash-in-lieu compensation would be directed to
initiatives such as replanting trees on public property where suitable, acquisition of existing
natural stands of trees or of lands to expand these areas and/or for afforestation, and initiatives
to support planting trees on private properties in high poverty neighbourhoods.
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FINANCIAL IMPACT
Financial Impact Statement Date:
Project Name:
COMMENTS:
J. Ruby, 2025-10-22
J. Ruby CPA, CA
Manager of Finance & Administration
City of Winnipeg Tree By-law
There are no financial impacts associated with the recommendations of this report.
October 22, 2025
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CONSULTATION
This Report has been prepared in consultation with: Legal Services
OURWINNIPEG POLICY ALIGNMENT
The report aligns with the OurWinnipeg as noted below:
-
2.19 Leverage Green Infrastructure: Value, protect and integrate green infrastructure
solutions within the urban environment, to achieve highest and best use for biodiversity
and ecosystem integrity, mitigate servicing capacity constraints, and accommodate only
park, recreation, open space, or City ns related uses in City-owned land used as parks
or under parks jurisdiction. HW, CB
-
2.21 Leverage Green Infrastructure: Conserve, restore, and enhance the urban forest as
a key contributor to air quality, erosion control, carbon sequestration, storm water
management, efficient energy resource consumption, shade, improved health and
wellbeing, and mitigation of and adaptation to the urban heat island effect. HW, SE
-
2.23 Urban Soil Regeneration: Value, preserve and enhance the soil quality of
agricultural land, riverbank lands and natural areas, and on both previously developed
lands and in new developments. HW, CB
-
4.7 Community Safety: Provide capacity to prepare, mitigate, assess risk, respond to
and recover from the impacts of climate change, extreme weather, human or natural
emergencies, disasters, and diseases, to promote community resilience within a
changing hazard landscape. LG, ER, SE
WINNIPEG CLIMATE ACTION PLAN ALIGNMENT
The Report aligns with Strategic Opportunity #7 as noted below:
-
7.2 Increase and Preserve Tree Canopy (Primary Responsibility: Public Works
Department).
-
7.3 Preserve and Manage Parks and Natural Areas to Support Climate Change
Mitigation (Primary Responsibility: Public Works - Parks).
WINNIPEG POVERTY REDUCTION STRATEGY ALIGNMENT
This Report aligns with the Winnipeg Poverty Reduction Strategy as noted below:
-
Goal 6: All City Services are Equitable, Inclusive and Accessible.
SUBMITTED BY
Department: Public Works
Division:
Parks and Open Space
Prepared by: Martha Barwinsky
Date:
November 7, 2025
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Attachments:
Appendix 1 - General administrative and substantive recommendations
Appendix 2 - Recommended Tree By-law language
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APPENDIX 1 - General administrative and substantive recommendations
1. General administrative recommendations - recommended requirements in the
administration of the Public Tree By-law based on best practices and a detailed review of tree
by-laws across Canada.
a. Scope of application, prohibitions, and appeal process
-
Exemptions: Exemptions include city operations and agents performing work for city
operations (to be guided instead through a City Tree Policy), and activities directly
related to emergency response, for example.
-
Diameter at Breast Height measurement: Tree by-laws rely on a standard
arboricultural measurement to determine the stem or trunk diameter of a tree at breast
height (DBH) to determine compensation requirements and tree protection requirements.
-
Prohibitions: Actions that constitute tree damage to regulated trees would be prohibited
unless a tree permit is obtained. The list of prohibitions should include non-compliance
with the by-law or terms and conditions of a permit and damage to tree limbs, foliage,
trunk, and roots (see 02 for a detailed list of recommended prohibitions related to tree
damage).
-
Appeal process: An appeal and / or variance process for those seeking relief form the
proposed tree by-law regulations.
-
Administration and enforcement
-
Offences and penalties
b. Permit application submission requirements
The information requested at permit application is intended to allow efficient staff review of
how applications conform to by-law requirements. We recommend the following
requirements for applications:
-
Qualified arborist definition: To ensure that information is provided by qualified
professionals, define a qualified arborist as someone certified by the International
Society of Arboriculture and meeting the City of Winnipeg's general contractor
requirements (these are current requirements for arborists performing tree-related work
on City-owned trees).
-
Arborist information requirements: Allow staff to request tree surveys, arborist
reports, tree management plans, and tree replacement plans for complex applications,
such as development projects.
-
Shared tree: Clarify what is considered a shared tree (for example, a tree where its
trunk straddles City property and private property).
c. Tree protection on construction sites
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To successfully protect trees, the by-law must enact requirements to prevent impacts to tree
roots, trunks, and limbs on properties where construction or site disturbance is taking place.
Adequate protection can be achieved by including the provisions listed below:
-
Defining a Tree Protection Zone: This definition is used to determine a perimeter
around which protection measures must be installed to avoid damaging the tree. It also
serves to identify trees that may require removal due to unavoidable impacts of
construction activities.
-
Tree protection standards during construction:
o Tree protection barriers: Mandate the installation of protective barriers around
the Tree Protection Zone prior to the commencement of any site work. These
barriers should remain in place throughout the construction period to prevent tree
damage from equipment, material storage, and personnel activities, and to
ensure the long-term health and stability of the trees.
-
Require that confirmation of the installation of barriers be received by the
City prior to issuing a tree permit.
-
Enable the use of alternative protection measures, where the City
determines, with supporting information from the project's Qualified
Arborist, that barriers are not appropriate for the site or for a retained tree
either throughout or at a specific time during site construction. Such
measures would include arborist supervision and reporting for any work
within the Protected Root Zone.
o Arborist supervision: The by-law should integrate requirements for supervision
and reporting from a Qualified Arborist if any temporary disturbance requires the
removal of the tree protection barriers.
-
Other on-site measures:
o Permit posting: require the permit to be displayed on-site during the entire
execution of the work to inform those working at the site and community
members that a permit is in place.
o Tree identification: require that the trees to be removed be identified by paint or
flag tape to facilitate City inspections or enforcement.
d. Tree replacement best practices
-
Replacement tree planting standards: Require replacement trees to meet the City's
tree planting standards, including minimum spacing to allow trees to grow to maturity,
appropriate tree stock size, and use of suitable trees from a list of recommended
species.
-
Cash-in-lieu compensation: Define how cash-in-lieu compensation for the removal of
trees protected under the Tree By-law would be received. Compensation would be used
to purchase, plant, and maintain trees, improve sites where trees are to be planted, and
for the acquisition of land to preserve and grow the City's tree canopy.
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e. By-law enforcement
By-law enforcement mechanisms should deter by-law infractions and allow the City to collect
compensation when infractions result in damage to by-law-protected trees. Enforcement
mechanisms are recommended to include:
-
A list of fine provisions enforceable through the Provincial Offences Act in accordance
with the maximum amounts enabled under that Act, with amounts that are
commensurate to the gravity of such infractions. The highest fines should apply to
damage that results in tree removal (see 02 for a detailed list of recommended
infractions)
-
A stop work order provision that allows the City to issue a stoppage of work where such
work is creating (or has the potential to create) significant tree damage and until
remediation measures are taken.
2. Substantive recommendations - these recommendations are central to determining how
the by-law would apply and function. In addition to being informed by best practices and
precedents from other jurisdictions, they respond to Winnipeg's local context and community
values.
a. Protected trees: Definitions of by-law-protected trees
-
A tree of any size growing on lands owned or managed by the City
b. Tree retention: Circumstances under which the removal of by-law-protected trees
would be permitted:
-
Allow removal at discretion of the City and in accordance with the City Tree Policy
c. Tree replacement: Compensation for every by-law-protected tree removed:
-
Provide replacements or cash-in-lieu compensation in accordance with the City Tree
Policy
d. Securities and fees:
-
Require a minimum of $2,000 security per replacement tree to be refunded two years
after planting if the tree is in good condition as determined by the City.
-
For trees on, or adjacent to, a property where construction or site disturbance activities
will occur within 10 metres of the trunk of a City tree - collect a refundable tree
protection security (appraised value of tree) in accordance with the City Tree Policy to
be held for the duration of the construction project.
-
At the end of construction and site disturbance, refund the tree protection securities as
follows:
-
Where no damage occurred (as confirmed by the project's Qualified Arborist or tree
protection barriers having been maintained on site for the duration of the work),
refund 100% of securities
-
Where damage has occurred, but the tree is safe to retain (as confirmed by the
project's Qualified arborist or a lack of maintaining tree protection barriers on site for
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the duration of the work), retain 50% of securities and require mitigation work to
improve the tree's health
-
Where damage has occurred and the tree is dead or not safe to retain (as confirmed
by a Qualified Arborist), retain 100% of securities
iv.
Require permit fees commensurate to other types of permit applications in
Winnipeg.
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APPENDIX 2 - Recommended Tree By-law language
This appendix provides examples of detailed language to support recommendations made in
the General Administrative Recommendations section in Appendix 1.
1. By-law application / prohibitions
Recommendations for prohibitions to be considered in the Tree By-law are listed below:
-
General compliance
o Fail to comply with the terms and requirements of the By-law or a Tree Permit
o Alter, falsify, or misrepresent information on a permit or application
-
Tree damage:
o Pruning in a manner not in accordance with arboricultural best practice,
including:
i. removal of more than 25% of the tree's total live foliage or bud bearing
branches or limbs in any 12-month period
ii. crown raising where the lower branches of the live crown (green
branches) of the tree are removed to reduce the live crown to less than
50 percent of the total tree height
iii. topping, unless the tree in question has been previously topped and
regenerative growth has a high likelihood of failure that cannot be
mitigated other than by re-topping the tree
o Poisoning or burning a tree
o Raising or lowering the grade within the tree protection zone
o Shearing, harming or undermining the roots of the tree growing within the tree
protection zone
o Placing fill, building materials, asphalt, a building or structure or storing or
stockpiling of material within a tree protection zone
o Operating, staging or parking trucks, backhoes, excavators, mini-excavators,
hydro-excavators, mechanical trenchers or other heavy equipment within a tree
protection zone
o Denting, gouging, drilling, harming or affixing anything to the branches or the
trunk of a tree
o Removing bark from a tree
o Depositing concrete, washout or other liquid or chemical substances harmful to
the health of a tree in a tree protection zone
o Removing soil from a tree protection zone
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o Conducting blasting operations within a tree protection zone
o Conducting blasting or excavating operations outside of a protected root zone
that would harm roots or disturb soil inside a tree protection zone
2. By-law enforcement:
The categories of infractions that should be considered to enforce fines are listed below:
-
General compliance
o Failure to comply with the terms and requirements of the By-law or a Tree Permit
o Alteration, falsification, or misrepresentation of information on a permit or
application
-
Tree protection measures
o Failure to install and maintain tree protection barriers
o Failure to post the permit
-
Tree damage
o Improper pruning
o Disturbance within a tree protection zone
o Failure to plant or maintain a replacement tree
o Damage to a by-law-protected trees without a tree permit or in contravention to a
permit