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BY-LAW NO. 2025-103
A BY-LAW OF THE CORPORATION OF THE TOWN OF
BRACEBRIDGE TO PROHIBIT AND REGULATE THE INJURY
AND DESTRUCTION OF TREES ON CERTAIN LANDS
WHEREAS, Section 8 of the Municipal Act, S.O. 2001, c.25, as amended (the "Act") provides that the
powers of a municipality under the Municipal Act or any other Act shall be interpreted broadly so as to
confer broad authority on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS, Section 9 of the Act provides that a municipality has the capacity, rights, powers and
privileges of a natural Person for the purpose of exercising its authority under the Municipal Act or any other
Act;
AND WHEREAS, pursuant to Section 23.1(1) of the Act, Council may delegate legislative powers of a minor
nature, such as the power to issue and impose condition on a licence;
AND WHEREAS, pursuant to Section 23.1(2) of the Act, a by-law delegating any of the municipality's
powers or duties is subject to certain rules;
AND WHEREAS, pursuant to Section 135(1) of the Act, the Council of The Corporation of the Town of
Bracebridge may prohibit or regulate the destruction or injuring of Trees;
AND WHEREAS, pursuant to Section 135(7) of the Act, a by-law passed under Section 135(1) may require
that a permit be obtained to injure or Destroy Trees and the Corporation of the Town of Bracebridge may
impose conditions on a permit relating to the manner in which destruction occurs;
AND WHEREAS Section 284.11 (5) of the Act provides that if the head of council is of the opinion that all
or part of a by-law could potentially interfere with a prescribed provincial priority, the head of council may
veto the by-law by providing to the clerk, on the day of the veto, a written veto document that includes the
veto and the reasons for the veto;
AND WHEREAS Section 391 of the Act authorizes a municipality to impose fees or charges on Persons for
services or activities provided or done by or on behalf of it;
AND WHEREAS pursuant to Section 425 of the Act, a municipality may pass by-laws providing that a
Person who contravenes a by-law of the municipality passed under this Act is guilty of an offence;
AND WHEREAS pursuant to Section 426 of the Act, no Person shall hinder or obstruct, or attempt to hinder
or obstruct, any Person who is exercising a power or performing a duty under this Act or under a by-law
passed under this Act;
AND WHEREAS pursuant to Section 436 of the Act, the municipality may enter upon any land at any
reasonable time for the purpose of carrying out an inspection to determine compliance with this by-law;
BY-LAW NO. 2025-103
Page 2
AND WHEREAS pursuant to Section 446(1) of the Act, a municipality may direct or require a Person to do
a matter or thing and that, in default of it being done by the Person directed or required to do it, the matter
or thing shall be done at the Person's expense;
AND WHEREAS pursuant to Section 446(3) of the Act, a municipality may recover the costs of doing a
matter or thing under subsection (1) from the Person directed or required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS Section 284.11(5) of the Municipal Act provides that if the head of council is of the opinion
that all or part of a by-law could potentially interfere with a prescribed provincial priority, the head of council
may veto the by-law by providing to the clerk, on the day of the veto, a written veto document that includes
the veto and the reasons for the veto;
AND WHEREAS on December 22, 2008, the Council of the Corporation of the Town of Bracebridge passed
By-law 2008-130, being a by-law to prohibit and regulate the injury and destruction of trees on certain lands;
AND WHEREAS by motion 25-PD-105, the Council of The Corporation of the Town of Bracebridge deems
it expediate to repeal By-law 2008-130, and pass a new by-law to prohibit and regulate the injury and
destruction of trees on certain lands;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRACEBRIDGE
ENACTS AS FOLLOWS:
1.
IN THIS BY-LAW:
1.1.
Applicant means the Person who submits an application for a Permit under this by-law.
1.2.
Arborist means a Person who has graduated from an accredited college or university with
a diploma or degree in Urban Forestry, Arboriculture or equivalent, and satisfies at least
one of the following requirements:
1.2.1.
is certified by the Ministry of Advanced Education and Skills Development or the
International Society of Arboriculture;
1.2.2.
is currently accepted as a consulting Arborist with the American Society of
Consulting Arborists; or
1.2.3.
is a Registered Professional Forester (RPF) as defined in the Professional
Foresters Act, 2000, S.O. 2000, c. 18.
1.3.
Arborist Report means a report prepared and signed by an Arborist, which includes details
on the species, size, health, location of a Tree, and an assessment of the structural integrity
of the subject Tree using the "Tree Risk Assessment, Best Management Practices",
Companion publication to ANSI 300 part 9, standard practices, ISA, as may be amended
or replaced.
1.4.
Boundary Tree means a Tree, where any part of the trunk is growing across one or more
property lines.
1.5.
Building Permit means a building permit issued under the Building Code Act, 1992, S.O.
1992, c. 23, as amended.
1.6.
Charitable Organization means an organization or group, eligible for registration with the
Canada Revenue Agency and includes not-for-profit groups.
BY-LAW NO. 2025-103
Page 3
1.7.
Council means the Council of The Corporation of the Town of Bracebridge.
1.8.
Critical Damage means Destruction to a Tree such that there is serious and imminent risk
of the Tree (or part thereof) failing and causing Injury or damage to Persons, buildings,
infrastructure or other property. This may include:
1.8.1.
A large cracked or split trunk;
1.8.2.
A significant broken limb hanging in a hazardous position;
1.8.3.
A severely leaning Tree with root failure signs;
1.8.4.
Partial uprooting;
1.8.5.
Other observable structural failure indicators.
1.9.
Crown means the upper part of a Tree, which includes the branches and leaves.
1.10.
Destroy, Destroyed, Destroying or Destruction means the removal or Injuring of Trees
or parts of them, causing irreversible harm by breaking, cutting, burning, uprooting,
chemical application or other means.
1.11.
Diameter means the diameter of the stem of a Tree measured outside the bark at a
specified point of measurement.
1.12.
DBH means "Diameter at breast height" wherein the Diameter of the stem of a Tree is
measured outside the bark at a point 1.37 metres (4 feet, 6 inches) above the highest point
on the Tree where the ground meets the stump. In the case of double or multiple stemmed
Trees, the Diameter measurement is to be taken at a point 1.37 metres (4 feet, 6 inches)
above the highest point on the Tree where the ground meets the stump for each stem.
1.13.
Director means the Person appointed by Council as the Director of Planning and
Development of the Town, or their designate, provided such designate is an Officer of the
Town.
1.14.
Heritage Tree means a Tree that Council designates by resolution or by-law as being
unique and of importance to the Town in terms of distinctive form, size, age and/or historical
significance.
1.15.
High Water Mark means the boundary between a Navigable Waterway and land not under
water, at normal summer levels.
1.16.
Injure, Injured or Injuring means harming a Tree by human action including changing
grades, compacting soil in the root zone, severing roots, improper chemical use, use of
machinery or equipment, improper pruning, or removing branches or bark.
1.17.
Invasive Tree means a Tree species listed in Schedule "A" of this By-law.
1.18.
Major Damage means Destruction to a Tree caused naturally by weather or biological
processes (including wind, ice, snow, lightning, pests, disease, fungus, decay or rot), but
excluding Injuring, where one or more of the following conditions exist:
1.18.1. Loss of Crown foliage: broken or Destroyed branches exceeding 30% of the Tree's
Crown;
BY-LAW NO. 2025-103
Page 4
1.18.2. Root zone damage: exposure, severing or compaction affecting more than 25% of
the root area;
1.18.3. Trunk failure: split, broken, cracked, or partially uprooted trunk, or severe leaning;
1.18.4. Severe cut: cut exceeding one-third (1/3) of DBH or deeper than one-tenth (1/10)
of DBH;
1.18.5. Large wound: area greater than DBH² (cm²) or >1,000 cm²; or, if a wound contacts
the ground, more than 60% of those thresholds;
1.18.6. Evidence of advanced decay, rot, structural weakness, or compromised integrity
(as verified by a qualified Arborist); or
1.18.7. Active pest or disease damage that undermines structural stability to the extent of
the above thresholds or imminently so.
1.19.
Navigable Waterway shall mean a body of water that is capable of affording reasonable
passage of floating vessels of any description for the purpose of transportation, recreation
or commerce.
1.20.
Officer means the Person appointed by Council as a By-law Enforcement Officer of the
Town.
1.21.
Onsite Sewage Disposal System shall mean a "sewage system" as defined in the Ontario
Building Code, 2024, as amended.
1.22.
Owner shall mean the registered Owner of the property.
1.23.
Permit shall mean written authorization from the Town to Injure or Destroy Trees and such
Permit is issued in accordance with this by-law.
1.24.
Person shall mean any individual, corporation, partnership, association, firm, trust, or other
entity and includes anyone acting on behalf or under the authority of such entity.
1.25.
Site shall mean the area of land containing any Tree proposed to be Injured.
1.26.
Town or Town of Bracebridge shall mean The Corporation of the Town of Bracebridge.
1.27.
Tree shall mean a self-supporting, woody, perennial plant, including its root system, with a
Diameter greater than 20 centimetres (8 inches) DBH. In the case of a Tree or Tree stand
with multiple stems, if at least one stem measures 20 centimetres (8 inches) in Diameter
or greater, the entire Tree is subject to the regulations of this by-law.
1.28.
Tree Protection Plan means a plan that includes the prescribed information as set out in
Schedule "C" of this by-law and which is completed by an Arborist.
1.29.
Wetland shall mean lands that are seasonally or permanently covered by shallow water,
as well as lands where the water table is close to or at the surface where the presence of
abundant water has caused the formation of hydric soils (soils marked by considerable
moisture) and has favoured the dominance of swamps, marshes, bogs and fens.
Notwithstanding the foregoing, periodically soaked or wetlands being used for agricultural
purposes which no longer exhibit wetland characteristics are not wetlands for the purposes
of this by-law.
BY-LAW NO. 2025-103
Page 5
1.30.
Zoning By-law shall mean a by-law regulating land use within the Town of Bracebridge
enacted under the Planning Act, 1990 and in force but does not include holding by-laws.
2.
SHORT TITLE
2.1.
This By-law may be cited as the "Tree Cutting By-law".
3.
LANDS SUBJECT TO THIS BY-LAW
3.1.
This by-law applies to the following lands within the Town, except those portions of lands
designated as woodlands pursuant to a by-law enacted by the Council of the District
Municipality of Muskoka:
3.1.1.
Lands within 60 metres (196 feet, 10 inches) of the high-water mark of a Navigable
Waterway.
3.1.2.
Lands within 70 metres (229 feet, 8 inches) of the Highway 11 MTO right-of-way.
3.1.3.
Lands zoned as follows, pursuant to the Zoning By-law, as amended:
3.1.3.1.
Environmental Protection - EP1, EPW1 and EPW2;
3.1.3.2.
Flood Zones: Floodway, Phase 1 - F1; Flood Fringe, Phase 2 - F2; and
Flood Plain Phase 2 - F3.
3.1.4.
Lands within the boundaries of the Urban Centre and the Muskoka Falls
Community as set out in the Town's Official Plan.
3.1.5.
Despite Section 3.1.4, this by-law does not apply to lands zoned as RU (Rural) or
RR (Rural Residential) pursuant to the Zoning By-law, as amended.
3.1.6.
Lands that contain Heritage Trees as defined herein.
4.
GENERAL CONDITIONS
4.1.
No Person shall permit or cause the Injury or Destruction of a Tree, without first obtaining
a Permit under this by-law unless such Injury or Destruction occurs in accordance with an
applicable exemption as set out in Section 5 of this by-law.
4.2.
No Person shall fail to comply with any condition imposed as a requirement of a Permit
issued under this by-law.
4.3.
No Person shall fail to notify the Town of the Injury or Destruction of a Critically Damaged
Tree in accordance with Section 6.1.
4.4.
No Person shall fail to obtain the authorization of the Town for the Injury or Destruction of
a Tree within 5 metres (16 feet, 5 inches) of an occupied building, or within 6 metres (19
feet, 8 inches) of an existing Onsite Sewage Disposal System, where notification is
required in Section 6.2.
4.5.
No Person shall fail to obtain the authorization of the Town for the Injury or Destruction of
a Tree required for the construction or maintenance of a recreational trail in accordance
with Section 6.3.
BY-LAW NO. 2025-103
Page 6
4.6.
No Person shall fail to obtain the authorization of the Town for the Injury or Destruction of
an Invasive Tree where notification is required in Section 6.4.
4.7.
No Person shall permit or cause the Injury or Destruction of a Tree before the appropriate
approvals or Building Permits have been obtained in accordance with Section 5.1.5 or
5.1.16.
4.8.
No Person shall permit or cause the Injury or Destruction of a Tree contrary to the
provisions of any agreement entered into with the Town that is registered or approved for
the property on which such Injury or Destruction took place.
4.9.
No Person shall permit or cause the Injury or Destruction of a Boundary Tree without first
obtaining the consent of the adjacent affected property Owner.
5.
EXEMPT ACTIVITIES
5.1.
Despite Sections 3 and 4, this by-law does not apply to the following activities:
5.1.1.
Activities exempt under Section 135(12) of the Municipal Act, 2001.
5.1.2.
Activities or matters undertaken by a municipality or a local board of a municipality.
5.1.3.
Activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994.
5.1.4.
The Injuring or Destruction of Trees by a Person licenced under the Surveyors Act,
1990 to engage in the practice of cadastral surveying, or their agent, while making
a survey.
5.1.5.
The Injuring or Destruction of Trees 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, 1990, or as a requirement of a site plan agreement, consent
agreement or subdivision agreement entered into under those Sections.
5.1.6.
The Injuring or Destruction of Trees by a transmitter or distributor for the purpose
of constructing and maintaining a transmission system or a distribution system, as
those terms are defined in Section 2 of the Electricity Act, 1998.
5.1.7.
The Injury or Destruction of Trees by a natural gas distributor, as defined under
the Ontario Energy Board Act, 1998, for the purpose of constructing, maintaining,
or operating a natural gas distribution system.
5.1.8.
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, 1990.
5.1.9.
The Injuring or Destruction of Trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land:
5.1.9.1.
That has not been designated under the Aggregate Resources Act, 1990
or a predecessor of that Act; and
5.1.9.2.
Which a pit or quarry is a permitted land use under a by-law passed
under Section 34 of the Planning Act,1990.
BY-LAW NO. 2025-103
Page 7
5.1.10. The Injury or Destruction of Trees, subject to the Farming and Food Production
Protection Act, 1998, to continue or enlarge an agricultural operation. For the
purposes of this Section, agricultural operations include Tree farms of any kind.
5.1.11. The Injury or Destruction of Trees with a DBH of less than 20 centimetres (8
inches).
5.1.12. The Injury or Destruction of Trees to accommodate a legally permitted
entranceway and/or to ensure safe sight visibility for any such entranceway.
5.1.13. The Injury or Destruction of Trees that are part of a golf course operation.
5.1.14. The Injury or Destruction of Trees within lands assessed under the Managed
Forest Tax Incentive Program.
5.1.15. The periodic pruning of Tree branches in accordance with good arboricultural
practice to maintain, improve or protect Tree health and surrounding forest health
while maintaining the Tree's natural shape.
5.1.16. The Injury or Destruction of Trees located within 5 metres (16 feet, 5 inches) of a
new building or 6 metres (19 feet, 8 inches) of a new Onsite Sewage Disposal
System, provided a Building Permit has been issued for such building or system.
5.1.17. Where notification has been provided in accordance with Section 6.1, the removal
of Trees which have suffered Critical Damage.
5.1.18. Where authorization has been obtained in accordance with Section 6.2, the Injury
or Destruction of Trees within 5 metres (16 feet, 5 inches) of an existing occupied
building, or within 6 metres (19 feet, 8 inches) of an existing Onsite Sewage
Disposal System or any of its components.
5.1.19. Where authorization has been obtained in accordance with Section 6.3, the Injury
or Destruction of Trees required for the construction and maintenance of
recreational trails.
5.1.20. Where authorization has been obtained in accordance with Section 6.4, the
Injuring or Destruction of an Invasive Tree.
6.
NOTIFICATION REQUIREMENTS
6.1.
Where a Tree, or portion thereof, has suffered Critical Damage, the Owner may Injure or
Destroy it immediately to abate the hazard without first obtaining a Permit. However, within
48 business hours the Owner must notify the Town of this Destruction by submitting
photographic evidence of the condition before removal and must retain the stump or
removed parts for inspection. The Town may require an Arborist Report to validate the
Injury or Destruction of the Tree.
6.2.
Where a Tree, or portion thereof, is to be Injured or Destroyed within 5 metres (16 feet, 5
inches) of an occupied building, or within 6 metres (19 feet, 8 inches) of an existing Onsite
Sewage Disposal System or any of its components, the Owner shall submit to the Town a
PDF or other similar digital file including a sketch and/or photographs showing the Tree
and the building or system. An Officer shall review the submitted materials and, if satisfied
that the Injury or Destruction of the Tree is not prohibited under Section 7, shall issue
written authorization for its removal.
BY-LAW NO. 2025-103
Page 8
6.3.
Where a Tree, or portion thereof, is to be Injured or Destroyed in accordance with the
construction or maintenance of a recreational trail, the Owner shall submit to the Town a
PDF or other similar digital file containing a site plan and photographs showing the Tree
and the location of the recreational trail. An Officer shall review the submitted materials
and, if satisfied that the Injury or Destruction of the Tree is not prohibited under Section 7,
shall issue written authorization for its removal.
6.4.
Where an Invasive Tree, or portion thereof, is to be Injured or Destroyed, the Owner shall
submit to the Town a PDF or other similar digital file containing site plan and photographs
showing the Tree and clearly identifying its species. An Officer shall review the submitted
materials and, if satisfied that the Injury or Destruction is of an Invasive Tree, shall issue
written authorization for its removal.
7.
TREE CUTTING PROHIBITIONS
7.1.
No Person shall Injure or Destroy a Tree on lands comprising Wetlands.
7.2.
No Person shall Injure or Destroy a Heritage Tree.
7.3.
No Person shall permit or cause the Injury or Destruction of a Tree, within an area zoned
Environmental Protection - EP1, EPW1 and EPW2, Floodway, Phase 1 - F1; Flood Fringe,
Phase 2 - F2; and Flood Plain Phase 2 - F3 in the Towns Zoning By-law, except where
exempt in accordance with Section 5.
7.4.
No Person shall Injure or Destroy a Tree that is identified as an endangered, threatened,
or species at risk under the Endangered Species Act, 2007 or the Species at Risk Act,
2002, except where such Injury or Destruction is authorized under those Acts or regulations
made thereunder.
8.
APPLICATIONS FOR PERMITS
8.1.
Subject to Section 5, every Person who intends to Injure or Destroy a Tree, personally or
through another Person, shall apply for and obtain a Permit by submitting the following, in
PDF or similar digital format:
8.1.1.
A complete application in the form prescribed by the Director;
8.1.2.
Plans, drawings and/or photographs of the property clearly identifying:
8.1.2.1.
Lands owned by the Owner;
8.1.2.2.
Any and all significant features of the lands including lakes, rivers,
streams, steep slopes in excess of 20% slope and Wetlands;
8.1.2.3.
Scaled drawing(s) of the location of the Tree(s) proposed to be Injured,
Destroyed and/or retained; and
8.1.2.4.
Any erosion control, Tree preservation, or storm water management
measures to be implemented.
8.1.3.
Payment of a non-refundable fee as set out in Town's Fees and Charges By-law,
with the exception of those fee exemptions specified in Section 12;
8.1.4.
Any securities required as a condition of the issuance of a Permit;
BY-LAW NO. 2025-103
Page 9
8.1.5.
An Arborist Report where the Tree has suffered Major Damage, or where the
Arborist Report is required as a condition of the issuance of a Permit;
8.1.6.
A written consent from the adjacent property Owner if the Tree to be Injured or
Destroyed is considered a Boundary Tree; and
8.1.7.
A written consent from the Owner of the property where the subject Tree(s) are
located if the Applicant is not the Owner of that property.
8.2.
If an Applicant does not provide all the documentation required by an Officer of the Town
within the timeframe as may be specified by the Officer, or if the application is one (1) year
old and the Applicant has not taken any action to provide the Officer with all the
documentation in the preceding four (4) months, the Applicant shall be deemed to have
withdrawn their application and shall not be entitled to any refunds of any payments made.
The Officer may close the application file when the Applicant withdraws or is deemed to
have withdrawn the application.
8.3.
Following the receipt of an application, the Director and any Officer acting under the
Director's instructions may enter and inspect the land upon which the Tree(s) are located,
and the submission of the application shall constitute irrevocable permission to the Town
to enter the property for the purpose of administering this by-law.
9.
WHERE A PERMIT MAY BE ISSUED
9.1.
An Officer shall review the application, and all the documentation required and may issue
a Tree removal Permit if:
9.1.1.
The Tree proposed to be Injured or Destroyed is located within those lands
described in Section 3;
9.1.2.
The Tree proposed to be Injured or Destroyed is not located within lands where
slopes in excess of 20% exist, or where natural vegetation should be retained to
prevent erosion, particularly on lands adjacent to a shoreline, on a ridgeline, where
there is minimal soil or vegetative cover or in areas of unstable slopes with the
potential for erosion;
9.1.3.
The Tree proposed to be Injured or Destroyed is not a Tree subject to the
prohibitions contained in Section 7;
9.1.4.
The Tree has a DBH less than 38 centimetres (15 inches) and is within 60 metres
(196 feet, 10 inches) of a Navigable Waterway, or is within the Muskoka Falls
Community as defined in the Town's Official Plan, if:
9.1.4.1.
less than 6 other Permits have been issued for the Injury or Destruction
of Trees on the same lot within the same calendar year; and
9.1.4.2.
if it is located between 15 metres (49 feet 3 inches) of a Navigable
Waterway, and a minimum 75% shoreline buffer is maintained, in
accordance with the requirements of the Zoning By-law, as amended.
9.1.5.
The Tree has a DBH less than 38 centimetres (15 inches) and is within the Urban
Centre as defined in the Towns Official Plan, if:
9.1.5.1.
less than 10 other Permits have been issued for the Injury or Destruction
of Trees on the same lot within the same calendar year.
BY-LAW NO. 2025-103
Page 10
9.1.6.
No application for a zoning by-law amendment, consent, minor variance, plan of
subdivision, plan of condominium, or site plan approval has been submitted to the
Town with respect to the land on which the Tree is located, and that application
has not yet been finally approved.;
9.1.7.
The Tree is not required to be retained, protected or planted as a condition of an
approved site plan or any other or agreement with the Town; or
9.1.8.
The removal of the Tree is otherwise acceptable to the Director.
10.
CONDITIONS
10.1.
All Permits for the Injury or Destruction of Trees will be deemed not to be in effect during
the period of March 15 to April 30. The Director may grant exemptions to this requirement
in writing having regard to the potential for damage to soils, access routes and subsequent
damage to the ecology.
10.2.
An Officer of the Town may issue a Permit with conditions, including, but not limited to
those set out in Schedule "B".
10.3.
Where the planting of replacement Tree(s) has been imposed as a condition of a Permit,
the Director may require that:
10.3.1. the replacement Tree(s) be located on the same property in a location and of a
species to the satisfaction of the Director or their designate;
10.3.2. where replacement Tree(s) are not physically possible to properly grow on the Site,
the replacement Tree(s) be located at another suitable location to the satisfaction
of the Director or their designate;
10.3.3. a replanting plan be filed to the satisfaction of the Director or their designate;
10.3.4. a written undertaking by the Owner to carry out the replacement planting be
submitted on a form prescribed by the Director;
10.3.5. securities in the form of cash or a letter of credit satisfactory to the Director be
delivered to the Town to cover the costs of the replacement Tree(s), and the
maintenance of the Tree(s) for a period of up to two (2) years;
10.4.
The minimum replacement Tree size is a 3 centimetre (1.2 inch) DBH deciduous Tree, or
a 1.5 metre (4 feet 11 inch) height coniferous Tree in a five (5) gallon container or balled
and burlapped or in a wire basket.
10.5.
A Permit shall be valid for a maximum of one (1) year from the date of issuance.
10.6.
Every Permit issued under this by-law shall be deemed to include a condition permitting
the Town to access the lands referred to in the Permit for the purpose of ensuring
compliance with this by-law.
11.
REVOCATION OF PERMITS
11.1.
Failure to comply with any provision or condition of a Permit or an order issued under this
By-law or any other provision of this By-law may result in the revocation of the Permit by
the Director, in addition to any other enforcement proceedings undertaken against the
Permit holder as permitted by law.
BY-LAW NO. 2025-103
Page 11
11.2.
In addition to section 11.1, the Director may revoke a Permit at any time if it was issued
because of mistaken, false or incorrect information received from the Applicant or Owner.
11.3.
The Permit holder of a revoked Permit shall immediately cease or ensure the immediate
cessation of all the activities for which a Permit has been issued upon revocation of the
Permit.
12.
FEE EXEMPTIONS
12.1.
Notwithstanding any other provision of this By-law, no Permit fee is payable in any of the
following circumstances:
12.1.1. the Applicant is a Charitable Organization, not-for-profit corporation or other
community organization and the Tree is located on lands owned, leased or rented
by the organization;
12.1.2. the subject Tree(s) are identified as dead, infested with Emerald Ash borer (EAB),
Asian Long-Horned Beetle (ALHB) or another insect pest, and an Arborist Report
confirms that infestation and its removal is approved by an Officer of the Town; or
12.1.3. the subject Tree(s) have suffered Major Damage and an Arborist Report has been
submitted to the satisfaction of the Director.
13.
ORDERS
13.1.
Orders to Discontinue Activity
13.1.1. Where the Director is satisfied that a contravention of this by-law may be occurring,
the Director may make a Stop Work Order under the authority of Section 444 (1)
of the Municipal Act, 2001 requiring that the Injuring or Destruction of Trees be
immediately stopped.
13.2.
Remedial Orders
13.2.1. Where a Person has contravened this by-law, pursuant to Section 445 (1) of the
Municipal Act, 2001, the Director may make such remedial orders as they deem
appropriate.
13.3.
Service of Orders
13.3.1. An Order issued under Section 13.1 or 13.2 herein, may be served personally or
served by sending it by registered mail, in accordance with the latest revised
assessment roll, to the last known address of:
13.3.1.1. The Owner of the lands; and, if applicable,
13.3.1.2. The Person identified as Injuring or Destroying Trees.
13.3.2. Where service of an Order is made by registered mail, service shall be deemed to
have been served on the fifth day after the Order is mailed.
13.3.3. Where service cannot be carried out in accordance with Section 13.3.1, service is
deemed sufficient if the Officer places a placard containing the terms of the Order
in a conspicuous place on the affected lands and such placing of the placard shall
BY-LAW NO. 2025-103
Page 12
be deemed to be sufficient service of the Order on the Person to whom the Order
is directed.
13.3.4. No Person, through his or her own actions or through any other Person, shall:
13.3.4.1. Fail to comply with an Order issued under this by-law;
13.3.4.2. Remove or deface any Order that has been posted pursuant to this by-
law; or
13.3.4.3. Hinder or obstruct the Director or an Officer of the Town in the carrying
out of their duties under this by-law.
14.
OFFENCE AND PENALTIES
14.1.
Any Person who contravenes any section or provision of this by-law shall be guilty of an
offence, as set out in Appendix "D".
14.2.
Every Person who contravenes any provision of this by-law is guilty of an offence and upon
conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990,
Chapter P.33, exclusive of costs, for each offence, and the Town may recover any costs
associated with contravention as a debt owed by the Owner of the property on which the
contravention took place.
14.3.
If a Person is convicted of an offence for contravening this by-law or an Order issued under
this by-law, the court in which the conviction has been entered, and any court of competent
jurisdiction thereafter, may order the Person to rehabilitate the land or to plant replacement
Trees in such a manner and within such time period as the court considers appropriate.
14.4.
A separate offence shall exist for each day that a violation under this by-law continues.
15.
LIABILITY
15.1.
Any Person Injuring or Destroying a Tree, or on whose property a Tree is being Injured or
Destroyed, shall be liable for such Tree removal activities. The Town is hereby indemnified
from and against all manner of claims for damages, loss, expense or otherwise arising from
the Injury or Destruction of Trees undertaken in accordance with the provisions of this by-
law.
16.
CONFLICT
16.1.
If any provision of this Tree By-law conflicts with a Provincial or Federal Act or a regulation
made under such an Act, or with an instrument of a legislative nature made or issued under
such Act or regulation, the Act, regulation or instrument prevails, and the conflicting portion
of this By-law is inoperative to the extent of the conflict.
17.
VALIDITY AND SEVERABILITY
17.1.
If any provision or provisions of this by-law is held to be invalid, illegal, un-enforceable or
in conflict with the law of any jurisdiction, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby.
BY-LAW NO. 2025-103
Page 13
18.
REPEAL
18.1.
That By-Law 2008-130 is hereby repealed
READ AND PASSED THIS 10th DAY OF DECEMBER, 2025.
Mayor, Rick Maloney
Director of Corporate Services/Clerk,
Lori McDonald
BY-LAW NO. 2025-103
Page 14
SCHEDULE "A"
List of Invasive Tree Species
1.
Ailanthus or Tree of Heaven (Ailanthus altissima)
2.
Birch, European (Betula pendula)
3.
Elm, Siberian (Ulmus pumila)
4.
European or Common Buckthorn (Rhamnus cathartica)
5.
Locust, Black (Robina pseudo acacia)
6.
Maple, Norway (Acer platanoides)
7.
Mulberry, White (Morus alba)
8.
Olive, Autumn (Elaeagnus umbellate)
9.
Olive, Russian (Elaeagnus angustifolia)
10.
Pine, Scots (Pinus Sylvestris)
11.
Poplar, Silver (Populus alba)
BY-LAW NO. 2025-103
Page 15
SCHEDULE "B"
Conditions
On the issuance of a Tree cutting Permit, the Director may impose additional conditions including, but not
limited to:
1.
The requirement for planting of replacement Tree(s) as deemed appropriate by the Director having
regard for the existing canopy coverage on the subject Site;
2.
The requirement for posting of a security deposit to ensure mitigation measures and Tree protection
measures, as may be required, are implemented as determined by the Director. The security shall
be held by the Town for a minimum period of two (2) years from the date of planting. Following this
period, the Town shall conduct a final inspection of the replacement Tree(s). If the replacement
Tree(s) are determined to be alive, healthy, and in a state of vigorous growth, the security shall be
refunded in full. If any replacement Tree(s) are found to be dead, dying, or in poor condition, the
Town may retain part or all of the security to fund replanting, or require replanting at the Owner's
expense prior to release of any remaining security;
3.
Where the Injury or Destruction of Trees is permitted prior to the issuance of planning approvals,
or a required Building Permit, and the Director deems the Injury or Destruction of these Trees to
be appropriate to facilitate the development schedule through early Site works, soil sampling,
surveying, the creation of temporary access roads, or other pre-construction activities, the Director
may require the posting of securities as required to facilitate the revegetation of the Site if
necessary;
4.
Where securities have been provided in accordance with section 3 of this Schedule, the Town shall
review the approved planning approvals or Building Permit and assess whether any re-vegetation
or Tree replacement is required as a result of the pre-construction Injury or Destruction of Trees.
Where no such re-vegetation or Tree replacement is required, the securities shall be refunded in
full. Where re-vegetation or Tree replacement is required, the Town may retain all or a portion of
the security for a minimum period of two (2) years following the completion of planting, to ensure
survival and establishment of the replacement vegetation. Any unused portion of the security shall
be refunded following a satisfactory final inspection by the Town;
5.
Requiring the property to be cleaned or remediated to a state deemed acceptable to the Director;
6.
The requirement for measures to ensure the preservation of significant fish and wildlife habitat;
7.
The requirement for erosion control measures;
8.
The protection and preservation of features such as Wetlands and narrow waterbodies;
9.
The requirement to provide storm water management approaches and practices that will protect
the health of lakes and rivers;
10.
Restricting the timing of Tree cutting to periods when the ground is dry and not soft to reduce the
impact on forest soils and vegetation;
11.
Requiring a buffer up to 3 metres (9 feet, 9 inches) in width of uncut densely growing Trees beside
open areas or other hard edges to reduce windthrow and other damage to the forest interior and to
minimize invasion by exotic species;
12.
Requiring the maintenance of buffers and natural vegetation between cut area and waterbodies,
rare vegetation communities or significant wildlife habitats;
BY-LAW NO. 2025-103
Page 16
13.
Requiring Trees to be marked prior to any Injuring or Destroying of Trees taking place for visual
inspection purposes;
14.
Requiring that in no circumstances the height of any cut Tree limbs, Crowns or residue exceed 1
metre (3 feet, 3 inches) in height; and
15.
Requiring a Tree Protection Plan, containing the information prescribed in Schedule "C", be
submitted by an Arborist, and requiring that all measures therein be undertaken to the satisfaction
of the Director or their designate.
BY-LAW NO. 2025-103
Page 17
SCHEDULE "C"
Tree Protection Plan Requirements
Tree Protection Plans will include the following, but are not limited to:
1.
Accurate plotting and identification of all Trees on the plan, including:
a.
The Species of Tree;
b.
The DBH of the Tree;
c.
The Tree health/disease;
d.
Crown spread, measured in metres on a drawing indicating the appropriate scale, showing
extent of Tree foliage covering the lot;
e.
For each Tree identified as being preserved and each Tree recommended for Injury or
Destruction, the valuation as determined by the most recent International Society of
Arboriculture' s Guide for Plant Appraisal; and
f.
Tree protection zone limits and Tree protection barrier requirements.
2.
A grading plan, including all proposed erosion control measures, where Tree cutting is taking place
near, or on, significant features of the lands including lakes, rivers, streams, steep slopes in excess
of 20% slope or Wetlands. This may require collaboration of the Applicant's engineering and
arboricultural consultants;
3.
A site plan that marks existing or future service locations in proximity to where Tree cutting is taking
place including water, sewer/storm, hydro, gas, bell, cable and any other impacted utility. This may
require collaboration of the Applicant's engineering and arboricultural consultants;
4.
An implementation plan outlining mitigation measures for Tree protection and environmental
protection;
5.
The name and contact information for the Arborist responsible for monitoring the implementation
of the plan; and
6.
The signature of a qualified Arborist.
BY-LAW NO. 2025-103
Page 18
SCHEDULE "D"
Short Form Wording and Set Fines
Item
Column 1 (Short Form Wording)
Column 2
(Section)
Column 3
(Set Fine)
1
Injure or Destroy a Tree without first Obtaining a Permit
4.1
$500.00
2
Fail to comply with any condition of a Permit
4.2
$500.00
3
Fail to provide notification of the Injury or Destruction of a
Critically Damaged Tree
4.3
$500.00
4
Fail to obtain authorization for the Injury or Destruction of
a Tree near an existing building or septic system
4.4
$500.00
5
Fail to obtain authorization for the Injury or Destruction of
a Tree as part of a recreational trail
4.5
$500.00
6
Fail to obtain authorization for the Injury or Destruction of
an Invasive Tree
4.6
$250.00
7
Injure or Destroy a Tree prior to the issuance of a building
permit
4.7
$500.00
8
Injure or Destroy a Tree in contravention of an Agreement
with the Town
4.8
$750.00
9
Injure or Destroy a Boundary Tree without consent of
adjacent affected property owner
4.9
$500.00
10
Injure or Destroy a Tree in a Wetland
7.1
$750.00
11
Injure or Destroy a Heritage Tree
7.2
$1,000.00
12
Injure or Destroy a Tree in a prohibited zone
7.3
$750.00
13
Injure or Destroy an endangered, threatened or species at
risk Tree
7.4
$1,000.00
14
Fail to comply with Order
13.3.4.1
$750.00
15
Remove or deface an Order
13.3.4.2
$300.00
16
Obstruct the Director or an Officer of the Town
13.3.4.3
$500.00
THE HONOURABLE CECILE APPLEGATE
REGIONAL SENIOR JUSTICE
ONTARIO COURT OF JUSTICE
CENTRAL EAST REGION
1091 GORHAM STREET
NEWMARKET, ONTARIO L3Y 8X7
L'HONORABLE CECILE APPLEGATE
JUGE PRINCIPALE RÉGIONALE
COUR DE JUSTICE DE L'ONTARIO
RÉGION DU CENTRE-EST
1091, RUE GORHAM
NEWMARKET (ONTARIO) L3Y 8X7
TELEPHONE/TÉLÉPHONE (905) 853-4890
FAX/TÉLÉCOPIEUR (905) 853-4891
January 9, 2026
Mr. Alex Mulholland
Chief Building Official
1000 Taylor Court
Bracebridge, Ontario
P1L 1R6
Mr. Mulholland:
Re: Set Fines - Part I
The Corporation of the Town of Bracebridge
Enclosed herewith please find the Order and the schedule of set fines.
The setting of the fines does not constitute my approval of the short form of the
wording used to describe the offences.
Please forward a copy of the Order and the Schedule of set fines to the POA
Court in Bracebridge.
Yours truly,
Cecile Applegate
Regional Senior Judge | Juge principale régionale
Central East Region | Région du centre-est
Ontario Court of Justice | Cour de justice de l'Ontario
/mfr
Enclosures
PROVINCIAL OFFENCES ACT
Part I
IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the
Ontario Court of Justice that the amount set opposite each of the offences in the attached
schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-
Law 2025-103, for the Town of Bracebridge, attached hereto is the set fine for that offence. This
Order is to take effect January 9, 2026.
DATED at Newmarket this 9th
day of January 2026
_______________________________
Cecile Applegate
Regional Senior Judge | Juge principale régionale
Central East Region | Région du centre-est
Ontario Court of Justice | Cour de justice de l'Ontario
SCHEDULE "D"
TOWN OF BRACEBRIDGE
PART 1: PROVINCIAL OFFENCES ACT
BY-LAW 2025-103: Prohibit and Regulate the Injury and Destruction of Trees On Certain Lands
Item
Column 1 (Short Form Wording)
Column 2
(Section)
Column 3
(Set Fine)
1
Injure or Destroy a Tree without first Obtaining a Permit
4.1
$500.00
2
Fail to comply with any condition of a Permit
4.2
$500.00
3
Fail to provide notification of the Injury or Destruction of a
Critically Damaged Tree
4.3
$500.00
4
Fail to obtain authorization for the Injury or Destruction of
a Tree near an existing building or septic system
4.4
$500.00
5
Fail to obtain authorization for the Injury or Destruction of
a Tree as part of a recreational trail
4.5
$500.00
6
Fail to obtain authorization for the Injury or Destruction of
an Invasive Tree
4.6
$250.00
7
Injure or Destroy a Tree prior to the issuance of a building
permit
4.7
$500.00
8
Injure or Destroy a Tree in contravention of an Agreement
with the Town
4.8
$750.00
9
Injure or Destroy a Boundary Tree without consent of
adjacent affected property owner
4.9
$500.00
10
Injure or Destroy a Tree in a Wetland
7.1
$750.00
11
Injure or Destroy a Heritage Tree
7.2
$1,000.00
12
Injure or Destroy a Tree in a prohibited zone
7.3
$750.00
13
Injure or Destroy an endangered, threatened or species at
risk Tree
7.4
$1,000.00
14
Fail to comply with Order
13.3.4.1
$750.00
15
Remove or deface an Order
13.3.4.2
$300.00
16
Obstruct the Director or an Officer of the Town
13.3.4.3
$500.00
NOTE: The general penalty provision for the offences listed above is Section 14.2 of By-Law 2025-103,
a certified copy of which has been filed.