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Office Consolidation - Woodlot Conservation By-law - Page 1 of 14
Office Consolidation
Woodlot Conservation By-law 316-2012
A by-law to conserve and protect woodlots within the City of Brampton
and to repeal By-law 402-2005
RECITALS
Subsection 135(1) of the Municipal Act, 2001, R.S.O. 2001, c. 25, as amended (the
"Act"), provides that a local municipality may prohibit or regulate the destruction or
injuring of trees;
Subsection 135(2) of the Act provides that an upper-tier municipality may by by-law
prohibit or regulate the destruction or injuring of trees in woodlands designated in the
by-law;
Subsection 135(8) of the Act provides that an upper-tier municipality may delegate all or
part of its power to pass a by-law respecting the destruction or injuring of trees in
woodlands to one or more of its lower-tier municipalities with the agreement of the
lower-tier municipality;
The Region of Peel Council delegated its authority pursuant to Subsection 135(8) of the
Act to the City of Brampton on December 15, 2005;
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Subsection 135(7) of the Act provides that the by-law 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;
Council has determined that it is desirable to enact such a by-law to achieve the
objectives of the City's Official Plan and sustain a healthy natural heritage system with
regard for good forestry practices;
NOW THEREFORE, the Council of The Corporation of the City of Brampton ENACTS
AS FOLLOWS:
PART I - TITLE, SCOPE AND INTERPRETATION
1. The short title of this by-law is the "Woodlot Conservation By-law".
2. This by-law applies to all Woodlots in the City of Brampton, subject to the
exemptions noted in Part III of this by-law.
3. For the purposes of this by-law:
a. Wherever a word is used with its first letter capitalized, the term is being used
as it is defined in Part II of this by-law. Where any word appears in ordinary
case, the commonly applied English language meaning is intended.
b. Wherever a word defined in Part II of this by-law is used in the form of a noun,
verb, adverb or adjective, it shall be interpreted as having a corresponding
defined meaning even if it is in ordinary case.
c. References to items in the plural include the singular as the context requires.
PART II - DEFINITIONS
4. For the purposes of this by-law:
a. "Act" means the Municipal Act, 2001, S.O. 2001, c.25, as amended;
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b. "Certified Tree Marker" means:
i. an individual who has successfully completed the Ontario Ministry of
Natural Resources Certified Tree Marker course; or
ii. a Qualified Ontario Professional Forestry Association Member.
c. "City" means The Corporation of the City of Brampton or the land within the
municipal boundaries of the City of Brampton, as the context requires;
d. "Council" means the Council of The Corporation of the City of Brampton;
e. "Commissioner" means the Commissioner of the Planning, Design and
Development Department of the City of Brampton or his or her designate;
f. "DBH" or "diameter at breast height" means the Diameter of the stem or trunk
of a Tree at a point measured 1.37 metres (137 centimetres) at the highest
point on the ground touching the tree trunk;
g. "Destroy" means any action which causes or results in injury or death of a
Tree including to remove or cut down a Tree;
h. "Diameter" means a straight line passing through the center of a cross
section of a Tree trunk that is measured outside the bark at a specified point
of a Tree stem or trunk;
i. "Emergency Work" means any work necessary to protect life or property from
imminent danger related to any Tree including, to the extent not otherwise
addressed by applicable law, repairs related to soil erosion, utilities, buildings
or drainage works;
j. "Farming Business" means a farming business within the meaning of the
Federal Income Tax Act;
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k. "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 detriments 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;
l. "Hazardous Tree" means a destabilized or structurally compromised tree, or a
tree with pest infestation, that may cause damage or injury to life or property;
m. "Injure" means to injure or Destroy a Tree by any action that causes physical,
biological or chemical damage or death to a Tree, but does not include
pruning or removing branches for maintenance purposes;
n. "Normal Farm Practice" means activity that is consistent with common
agricultural practices, Good Forestry Practices and prioritizes retention of
existing woodland cover;
o. "Nursery" means a lot on which the principal active business is the growing of
plants, shrubs and trees for sale to the public;
p. "Officer" means an individual appointed by Council for the administration and
enforcement of municipal by-laws;
q. "Orchard" means a lot on which the principal active business is the growing of
fruit for sale to the public;
r. "Order" means any Order authorized by the Act;
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s. "Owner" means a person having any right, title, interest or equity in land or
any such person's authorized representative and includes the person
managing or receiving the rent of the land and includes a lessee or occupant
of the land;
t. "Permit" means a valid permit to Injure Trees issued pursuant to Section 5 of
this by-law;
u. "Person" includes an individual, an association, a partnership, or a
corporation;
v. "Qualified OPFA Member" means a Registered Professional Forester or
Associate Member of the Ontario Professional Foresters Association under the
Professional Foresters Act 2000, R.S.O. 2000 c.18, as amended, to practice
professional forestry, unless a suspension, term, condition or limitation of
certification applies which would restrict the Member from carrying out
responsibilities under this By-law;
w. "Silviculture" means the theory and practice of controlling forest
establishment, composition, growth and quality of forests to achieve the
objectives of forest management;
x. "Silvicultural Prescription" means a site specific operational plan or woodlot
management plan that describes the existing forest conditions and the
ecosystem management objectives for both the forest community and the
natural heritage system, 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 protects other natural
heritage resource values as identified;
y. "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
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physiological maturity. For clarity, 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 highest point on the
ground touching the trunk;
z. "Woodlots" means land at least 0.2 hectares 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;
and includes Woodlands as defined in the Act, but does not include a
cultivated fruit or nut orchard or plantation established and maintained for
the purpose of producing Christmas trees.
PART III - PROHIBITIONS
5. No person shall Injure, cause or permit the injuring of a Tree growing in Woodlots:
a. unless exempted pursuant to Part IV of this by-law; or
b. except in accordance with a Permit issued pursuant to Part V of this by-law.
6. No Person shall:
a. contravene the terms or conditions of a Permit issued under this by-law; or
b. cause or permit the contravention of the terms or conditions of a Permit
issued under this by-law.
7. Every person shall comply with an Order issued under this by-law.
8. No person shall remove or deface any Order that has been posted pursuant to this
by-law.
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PART IV - EXEMPTIONS
9. This by-law does not apply to:
a. Hazardous Trees;
b. Injury to a Tree that is necessary for Emergency Work; or
c. Injury to a Tree by a Farming Business as part of an agricultural operation
that constitutes a Normal Farm Practice as defined in this by-law.
10. Despite any other section of this by-law, this by-law does not apply to activities
exempted by Subsection 135(12) of the Act as follows:
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 of subdivision 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;
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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; or
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 the Aggregate Resources Act or a
predecessor of that Act; and
ii. on which a pit or quarry is a permitted land use under a by-law passed
under Section 34 of the Planning Act.
11. Despite any other section of this by-law, an Owner may request an exemption to this
by-law from Council and upon such request Council may:
a. grant an exemption;
b. grant an exemption subject to conditions; or
c. refuse an exemption.
12. When evaluating a request for an exemption, Council shall consider if the proposed
activity conflicts with City natural heritage and environmental policies, any other
relevant City policies and the appropriate use of the land.
13. If granting an exemption, Council may impose such conditions as it deems
appropriate and shall have regard for:
a. the manner and timing of the injuring of a Tree;
b. the qualifications of persons authorized to Injure a Tree;
c. the species, size, number and location of replacement trees to be planted;
and
d. measures to mitigate the effects of the injuring of a Tree on the natural
environment including to protect trees on adjacent lands.
14. An Owner requesting an exemption to this by-law shall at least six (6) weeks before
the proposed injuring of Trees to submit to the City Clerk a completed, signed
request form with the fee prescribed by the City.
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15. The City Clerk shall notify the Owner and all owners of lands abutting the subject
property of the exemption request at least seven (7) days prior to Council
considering the requested exemption.
16. The City Clerk shall notify the Owner in writing of Council's decision.
PART V - PERMITS
17. The City hereby delegates to the Commissioner the power to issue a Permit and to
impose conditions to such Permits in accordance with Good Forestry Practices and
Part V of this by-law.
18. The Commissioner may issue a Permit to Injure Trees within Woodlots provided that
the applicant for a Permit demonstrates that:
a. the injuring of Trees shall be conducted in accordance with Good Forestry
Practices as prescribed in a Silvicultural Prescription prepared by a member
in good standing of the Ontario Professional Foresters Association who is
authorized to prepare Silvicultural Prescriptions;
b. the Trees to be injured shall be marked, in accordance with the Silvicultural
Prescription, by a Certified Tree Marker;
c. the injuring of the Trees shall be conducted in the manner prescribed by the
Permit application;
d. the date(s) and time(s) when the injuring of Trees may be occur has been
identified to the City;
e. those Persons authorized to Injure Trees have been identified to the City;
f. the species, size, number and location of replacement Trees to be planted
have been identified to the City's satisfaction; and
g. measures to mitigate the direct and indirect effects on the natural
environment from the injuring of Trees shall be implemented to the City's
satisfaction.
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19. The Commissioner may impose conditions to a Permit to address:
a. any matters identified in Section 18 of this by-law;
b. the manner and timing of the injuring of Trees;
c. the qualifications of Persons authorized to Injure Trees;
d. the species, size, number and location of replacement trees to be planted;
e. measures to mitigate the effects of the injuring of Trees on the natural
environment including to protect trees on adjacent lands; and
f. any other conditions relevant to the injuring of Trees.
PART VI - APPLICATION
20. A Person who intends to Injure a Tree within a Woodlot shall file an application for a
Permit by submitting the following to the Commissioner:
a. a complete application in the form required by the City, signed by the Owner
of the Woodlots and the party responsible for the injuring of Trees;
b. information relevant to the conditions of a Permit required in Part V of this by-
law; and
c. the applicable fee as prescribed in the City's User Fee By-law 380-2003, as
amended.
21. Upon receipt by the Commissioner of an application for a Permit, the Owner shall
permit an Officer to enter upon his or her property 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.
22. A Permit issued pursuant to this by-law shall expire one (1) year after the date of
issuance and the Commissioner may, upon the request of the Owner prior to expiry,
renew the Permit for a further period of one (1) year.
23. A decision regarding an application for a Permit shall not be made by the
Commissioner until such time as all the required documents have been filed, the
applicable fee has been paid and any required inspections have been completed.
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PART VII - ORDERS
24. Where an Officer believes that a contravention of this By-law has occurred, the
Officer may issue:
a. an Order to discontinue the contravening activity; or
b. a work Order to correct the contravention including but not limited to the
planting or re-planting of trees.
25. The Orders contemplated in Section 24 shall set out:
a. the name of the Owner and the municipal address or the legal description of
the land;
b. reasonable particulars of the contravention;
c. the date by which there must be compliance with the Order;
d. the work to be done and the date by which the work must be done, if
applicable; and
e. a statement as applicable that if work is not done in compliance with the
Order within a specified time period, the City may have the work done at the
expense of the Owner, if applicable.
26. An Order issued under this by-law may be served personally or served by mail to the
last known address of the Owner and such other persons affected by it as
determined by the Officer and a copy of the Order may be posted on the land.
27. If an Order is served by registered mail, the service shall be deemed to have been
made five (5) days after mailing.
28. Where service cannot be carried out in accordance with the process in Section 26 of
this by-law, the Officer shall place a placard containing the terms of the Order in a
conspicuous place on the Owner's property, 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.
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PART VIII - ENFORCEMENT
29. The provisions of this by-law may be enforced by an Officer of the City.
30. An Officer may, at any reasonable time, enter and inspect any land to determine
whether this by-law, an Order under this by-law, a condition to a Permit or a court
Order pursuant to Section 431 of the Act is being complied with.
31. An Officer performing a duty under this By-law may be accompanied by a Person
under his direction.
32. No Person shall hinder or obstruct an Officer or attempt to hinder or obstruct an
Officer who is performing a duty under this By-law.
33. Any Person who provides false information to an Officer shall be deemed to have
hindered or obstructed the Officer in the execution of his or her duties.
PART IX - PENALTIES
34. Any Person who contravenes any provision of this by-law including an Order issued
pursuant to this by-law or Sections 444 or 445 of the Act is guilty of an offence.
35. Any person who obstructs an Officer in carrying out an inspection under this by-law
is guilty of an offence.
36. All contraventions of the by-law or Order issued pursuant to this by-law are
designated multiple and continuing offences pursuant to Subsection 429(2) of the
Act.
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37. Upon conviction of an offence under this by-law, a Person is liable to a fine as
follows:
a. the minimum fine for an offence is $500 and the maximum fine for an offence
is $100,000;
b. in the case of a continuing offence, in addition to the penalty mentioned in
clause (a), for each day or part of a day that the offence continues, the
minimum fine shall be $500 and the maximum fine shall be $10,000, and the
total of all daily fines for the offence is not limited to $100,000;
c. in the case of a multiple offence, for each offence included in the multiple
offence, the minimum fine shall be $500 and the maximum fine shall be
$10,000 and the total of all fines for each included offence is not limited to
$100,000; and
d. If a Person is convicted of an offence under this by-law, the potential for
economic advantage from the injury of Trees on the affected lands may be
considered an aggravating factor for sentencing purposes which may attract a
special fine and the maximum amount of the special fine may exceed
$100,000 or such other maximum amount permitted by the Act.
38. If a Person is convicted of an offence under this by-law, in addition to any other
remedy or any penalty imposed, the court in which the conviction has been entered,
and any court of competent jurisdiction thereafter, may make an Order:
a. prohibiting the continuation or repetition of the offence by the Person
convicted; and
b. requiring the Person convicted to correct the contravention in the manner and
within the period that the court considers appropriate, including any
Silvicultural treatment necessary to re-establish the woodland community.
PART X - GENERAL
39. If any section, subsection or part or parts thereof are declared by a court of
competent jurisdiction to be illegal, invalid or otherwise unenforceable, such
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provision shall be deemed to be severable and the remainder of this by-law shall be
declared to be separate and independent and enacted as such.
40. By-law No. 402-2005 is repealed effective on the date this by-law is adopted.
41. Despite Section 41 of this by-law, By-law No. 402-2005, as amended shall continue
to apply to proceedings in respect of matters that were initiated prior to its repeal.
42. This by-law shall come into effect on November 14, 2012.
READ a first, second and third time and PASSED in OPEN COUNCIL, this 14th day of
November 2012.
THE CORPORATION OF THE CITY OF BRAMPTON
Original signed by:
Susan Fennell - Mayor
Peter Fay - Clerk