Good Forestry Practices By-law 70-21 (as amended by By-law 101-23)
Brant, Ontario
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This is an office consolidation of By-Law 70-21 and amendments thereto. For accurate reference
you should consult the original by-laws that are retained by the Clerk
BY-LAW NUMBER 70-21 (As amended by By-Law 101-23)
- of -
THE CORPORATION OF THE COUNTY OF BRANT
GOOD FORESTRY PRACTICES BY-LAW
To prohibit or regulate the destruction or injuring of trees within and adjacent to natural heritage
features and areas in the County of Brant.
WHEREAS Section 135(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, hereinafter
referred to as the Act permits the enactment of a By-Law by the Council of the Corporation of the
County of Brant to prohibit or regulate the destruction or injuring of trees;
AND WHEREAS Section 135(7) of the Act provides that the By-Law may require that a permit be
obtained to destroy or injure trees and impose conditions on a permit, including conditions relating to
the manner in which destruction or injuring occurs and the qualification of persons authorized to destroy
or injure trees;
AND WHEREAS Section 429 of the Act authorizes a municipality to establish a system of fines for
offences under a By-Law passed under the Act;
AND WHEREAS the Council of the Corporation of the County of Brant has determined it is desirable to
enact such a By-Law for the purposes of:
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Conserving and improving the health of natural heritage features and areas in the County by
controlling and reducing clear cutting.
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Improving the County's resilience and adaptation to climate change.
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Implementing the County's strategic priority for Sustainable and Managed Growth by protecting and
enhancing the natural environment.
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Promoting good forestry practices that sustain and improve healthy natural heritage features and
areas and their related long-term social, economic, and environmental values.
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Protecting, promoting, and enhancing the many benefits that trees contribute to the County in terms
of aesthetics, human health, recreation, and the overall enjoyment and quality of life.
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Reducing airborne pollution, protecting and improving the quality and quantity of water, preventing
soil and wind erosion, reducing water run-off, and providing cooler temperatures in the summer.
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Promoting and implementing the objectives and policies in the County's Official Plan, Provincial
Policy Statement and the Growth Plan for the Greater Golden Horseshoe on climate change and
green infrastructure, in which green infrastructure includes natural and human-made components
that provide ecological and hydrologic functions and processes through components such as
natural heritage features and systems, urban forests, and natural channels.
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Supporting and implementing the vision, objectives and policies in the County's Official Plan, the
Provincial Policy Statement, and the Growth Plan for the Greater Golden Horseshoe with regard to
the protection, maintenance, and restoration of natural heritage features, areas, and systems.
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE COUNTY
OF BRANT ENACTS as follows:
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SECTION 1
DEFINITIONS
In this By-Law:
Agricultural Operation means an agricultural, aquacultural, or horticultural operation that is carried
on in the expectation of gain or reward. The lands must be assessed as farmland, having a valid Farm
Business Registration number.
Amenity Area means the outdoor area situated in the rear yard of a property used for residential
purposes intended for recreational use for residents, and may include landscaped areas, patios,
decks, balconies, swimming pools, play areas and similar uses but does not include any area
occupied at grade by a building's service areas, parking areas or driveways.
Applicant means the owner or the owner's authorized representative who submits an application for
a permit under this By-Law.
Building Permit means a building permit as issued under the Building Code Act or any successor
thereof.
Bush Cord means a measure of stacked wood measuring 3.63 cubic meters in volume.
Business Day means any day falling on or between Monday and Friday of each week but does not
include a statutory holiday or a day that the County is closed.
Calendar Year means the timeframe from the beginning of January 1 to the end of December 31 of
the same year.
Canopy means the extent of the outermost boundary on the surface of the ground directly below and
which corresponds with the outermost edge of the branches of the crown of an individual tree or group
of trees.
Certified Arborist means an individual who is currently certified by the International Society of
Arboriculture and/or by the Province of Ontario unless a suspension, term, condition, or limitation of
certification applies which would restrict the individual from carrying out responsibilities under this By-
Law.
Certified Tree Marker means an individual who has full certification in good standing for marking
trees under the Ontario Ministry of Natural Resources and Forestry Certified Tree Marker Program or
any successor thereof, unless a suspension, term, condition or limitation of certification applies which
would restrict the individual from carrying out responsibilities under this By-Law.
Christmas Tree Plantation means the intentional planting of trees that are maintained or established
for the purpose of producing Christmas trees as part of an agricultural operation, but does not include
plantations that have ceased to exist be harvested for such purposes for a period of ten years or
more.
Clear Cutting means a break in the canopy of trees in natural heritage features and areas in which
the cumulative area of the canopy of trees injured or destroyed exceeds 0.1 hectare, with or without a
permit. Clear cutting shall include the cumulative incremental or continuous injury or destruction of
trees since the enactment of this By-Law.
Clerk means the Clerk of the County or their designate.
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Common Property Tree: Every tree whose trunk is growing on the boundary between adjoining
lands is the common property of the owners of the adjoining lands.
Council means the Council of the County.
County means the Corporation of the County of Brant, or the geographic area under the jurisdiction of
the Corporation of the County of Brant.
Cultivated Fruit or Nut Orchard means the intentional planting of trees that are maintained for food
production as part of an agricultural operation, but does not include orchards that have ceased being
managed or harvested for their intended purpose for a period of ten years or more.
Designated Official means the Manager of Parks and Forestry for the County or authorized
designates acting on their authority.
Destroy means any action which causes or results in the irreversible injury or death of a tree. The
terms destroyed, destroying, and destruction shall have a corresponding meaning.
Diameter at Breast Height (dbh) means the diameter of the stem of a tree measured outside the
bark at a point of measurement that is 1.37 metres above the ground. If a tree consists of two or more
stems forking below breast height, each stem is measured separately, at breast height, or if a tree
forks at breast height, or slightly above, the diameter measurement is taken below the enlargement
that is caused by the fork.
Environmental Impact Study means an analysis completed in accordance with the County Official
Plan and/or as per guidelines approved by the County by a qualified expert in ecology, forestry,
hydrology and/or other specialties based on specific circumstances. Where required, the
Environmental Impact Study shall be completed in accordance with a Terms of Reference approved
by the County. The study shall include an assessment of potential hydrologic and ecological impacts,
which is to include information such as: an inventory and evaluation of natural heritage features and
areas, natural heritage systems, water resource systems and associated ecological and hydrologic
functions on and adjacent to a project site; identification of environmental constraints including
features, systems, linkages and vegetation protection zones; demonstration of conformity with
applicable legislation and policies including but not limited to this By-Law, the County Official Plan,
Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and Endangered
Species Act; identification of potential impacts; and recommended solutions to avoid, minimize and
mitigate removal of natural heritage features and areas. An Environmental Implementation Plan is
required to demonstrate how recommendations will be implemented.
Environmental Implementation Plan means a plan completed in accordance with guidelines
approved by the County by qualified experts in ecology, forestry, hydrology and/or specialties based
on specific circumstances. In the absence of guidelines, the Plan shall provide in the form of a short
report and accompanying site plans information that incorporates all of the following information,
unless otherwise directed by the Designated Official:
a) The purpose of the destruction or injuring of trees;
b) Demonstration that there is:
i. No reasonable alternative to the destruction or injuring of trees and the injury and destruction
of trees has been minimized and mitigated to the maximum extent possible;
ii. The injury or destruction is in conformity with vision, objectives and policies in this By-Law,
the County Official Plan, Provincial Policy Statement, and Growth Plan for the Greater
Golden Horseshoe with regard to climate change, green infrastructure, and protecting,
maintaining, and improving natural heritage features and areas, natural heritage systems,
and water resource systems; and
iii. Natural landforms or contours, erosion hazards will be adequately protected.
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c) History of tree removal on the property in conjunction with all previous violations, permits,
exemptions, planning approvals, regulations, and other removal of trees in natural heritage
features and areas;
d) Photographs of trees to be injured or destroyed;
e) An inventory of trees including the location, size, species, general age, and health;
f) Identification of trees to be removed and retained;
g) Identification of natural heritage features and areas and vegetation protection zones;
h) An assessment on whether any trees proposed for injury or destruction contain species and/or
the habitat of threatened, endangered or special concern species listed in the Endangered
Species Act and any required compliance measures;
i)
Timing windows and/or any other measures necessary to ensure compliance with the Migratory
Birds Convention Act;
j)
A site plan of any proposed development including buildings, structures, services/utilities,
grading, drainage, and limits of construction;
k) Details on how natural heritage features and areas will be identified on site for removal and
retention;
l)
Protection measures for natural heritage features and areas to be retained such as tree
protection fencing;
m) A proposal for replacement trees outlining if the applicant will provide replacement trees on lands
subject to the clearing, on alternate lands approved by the County, and/or as cash-in-lieu to the
Replacement Tree Planting Fund. The proposal must include the total area of the canopy of trees
to be injured or destroyed, and the aerial extent of replacement trees required to be planted. The
aerial extent of replacement trees required to be provided by the applicant shall be at a ratio
equal to the greater of: two times the aerial extent of the canopy of trees injured or destroyed; a
ratio approved through an Environmental Impact Study; or a ratio as established by County
approved guidelines;
n) Where replacement trees are to be planted on the subject lands or on alternate lands approved
by the County, details of the proposed replacement trees must be described in the report and
illustrated on a drawing. Replacement trees must meet the definition of replacement trees and
details must be provided on planting, maintenance and monitoring for a minimum of two years;
and
o) A statement on the drawing that the injury or destruction of the trees will only be carried out in
accordance with good forestry practices under the supervision of a certified arborist or Qualified
OPFA Member.
Good Arboriculture Practices means the proper implementation of removal, renewal, and
maintenance activities known to be appropriate for individual trees and includes pruning of trees to
remove dead limbs, maintain structural stability and balance, or to encourage their natural form,
provided that such pruning is limited to the appropriate removal of not more than one-third of the live
branches or limbs of a tree, but does not include pruning to specifically increase light or space.
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. (as defined in the Forestry Act).
Provincial Silvicultural Guidelines shall be used for direction on applying good forestry practices.
Hazard Tree means any tree or other growth that is dead, decayed or damaged and the branches
and limbs thereof which create an unreasonable hazard or unsafe condition.
Hedgerow means a linear row or group of trees that are attached to woodlots, woodland or that
consist of an isolated row or group of trees, the area of which is 0.2 hectares or greater in size and
meets the density criteria of trees for a woodland or woodlot.
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Injure means any action that causes physical, biological, or chemical damage to a tree, including any
lasting damage which has the effect of inhibiting or terminating its growth. The terms injury, injured, or
injuring shall have a corresponding meaning.
Natural Heritage Features and Areas means lands containing any of the following how-so-ever as
described in this By-Law, Provincial planning policies and plans established under the authority of the
Planning Act, or the County Official Plan whereby the direction that provides the greatest protection to
natural heritage and features shall prevail:
a) A woodland or woodlot;
b) Significant woodlands;
c) A regionally or provincially Life Science Area of Natural and Scientific Interest identified by the
Province;
d) A provincially significant wetland evaluated, non-provincially significant wetland evaluated, and
unevaluated wetlands identified by the Province; and other wetlands;
e) Habitat of endangered or threatened species as per the Endangered Species Act unless written
authorization has been obtained from the Province;
f) Significant wildlife habitat that has been identified by the Province and/or using criteria
established by the Province;
g) Sand barrens, savannahs, tallgrass prairies, and alvars;
h) Valleylands in a natural area that occur in a valley or other landform depression that has water
flowing through or standing for some period of the year;
i)
Erosion hazards due to human or natural processes that pose a threat to life and property. The
erosion hazard shall include at a minimum the lands within 10 metres of the top of bank; and/or
j)
Vegetation Protection Zone which includes the natural area maintained in a natural predeveloped
state that is contiguous with and within 15 metres of the water's edge of a wetland, lake,
intermittent stream, or permanent stream.
Officer means a person designated, appointed, and authorized by Council to administer or enforce
the provisions of this By-Law.
Order means a Work Order or an Order to Discontinue an Activity pursuant to Section 444 and 445 of
the Municipal Act.
Owner includes the person for the time being managing or receiving the rent of the land or premises,
whether on the person's own account or as agent or trustee of any other person or who would so
receive the rent if such land and premises were let, and shall also include a lessee or occupant of the
property who, under the terms of a lease, is required to repair and maintain the property in
accordance with the standards of maintenance and occupancy for the property.
Own Use means the use of a tree or sections of a tree injured or destroyed solely for the personal
use by the owner and may include the accessory sale of no more than three bush cords of wood in a
calendar year.
Permit means written authorization for the destruction or injuring of a tree issued by the Designated
Official or Council pursuant to this By-Law.
Person means an individual, association, firm, partnership, corporation, trust, organization, trustee or
agent, and the heirs, executors, or legal representatives of a person to whom the context can apply
according to law.
Plant Nursery means the use of land, buildings or structures, or portions thereof, where trees are
grown for the purpose of retail or wholesale trade but does not include a nursery that has ceased
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being managed or harvested for its intended purpose for a period of ten years or more.
Prohibited Clear Cutting Area means lands containing any of the following how-so-ever as
described in this By-Law, Provincial planning policies and plans established under the authority of the
Planning Act, or the County Official Plan whereby the direction that provides the greatest protection to
natural heritage and features shall prevail:
a) Significant woodlands, unless the applicant has demonstrated to the satisfaction of the
Designated Official that:
i.
the significant woodland is part of an agricultural operation that is located outside of a
settlement area; and
ii.
the proposed injury or destruction of trees in the significant woodland is considered
necessary to operate the agricultural operation as part of normal farm practices as
determined by the County, and where required by the Designated Official as determined
by the Normal Farm Practices Protection Board; and
iii.
the purpose of the proposed injury or destruction of trees in the significant woodland is
not to increase productive farmland unless determined by the Normal Farm Practices
Protection Board to be a normal farm practice, as the County does not consider clear
cutting for such purposes to be a normal farm practice; and
iv.
the injury or destruction of trees meets all criteria under Section 6 g);
b) A regionally or provincially Life Science Area of Natural and Scientific Interest identified by the
Province;
c) A provincially significant wetland evaluated, non-provincially significant wetland evaluated, and
unevaluated wetlands identified by the Province; and other wetlands;
d) Habitat of endangered or threatened species as per the Endangered Species Act unless written
authorization has been obtained from the Province;
e) Significant wildlife habitat that has been identified by the Province and/or using criteria
established by the Province;
f) Erosion hazards due to human or natural processes that pose a threat to life and property. The
erosion hazard shall include at a minimum the lands within 10 metres of the top of bank;
g) Vegetation Protection Zone which includes the natural area maintained in a natural predeveloped
state that is contiguous with and within 15 metres of the water's edge of a wetland, lake,
intermittent stream, or permanent stream.
Property means a parcel of land having specific boundaries, which is capable of legal transfer.
Pruning means the removal, as appropriate, of not more than one-third of the live branches or limbs
of a tree in accordance with good arboricultural practices.
Qualified OPFA Member means a Registered Professional Forester, Associate Member or
Temporary Member of the Ontario Professional Foresters Association under the Professional
Foresters Act, certified 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.
Rear Yard means the outdoor amenity area on a property extending across the full width of a lot
between the rear lot line of a property and the nearest part of the primary dwelling unit.
Replacement Trees means planting non-invasive native trees and plants through reforestation or
afforestation to replace trees injured or destroyed. The aerial extent of the replacement trees shall be
at a ratio equal to the greater of: two times the aerial extent of the canopy of trees injured or
destroyed; a ratio approved through an Environmental Impact Study; or a ratio as established by
County approved guidelines. The applicant has the option of providing replacement trees in the form
of planting on lands subject to the clearing, on alternate lands approved by the County, and/or as
cash-in-lieu to the Replacement Tree Planting Fund. Replacement trees may include a mixture of
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native trees, plants, ground covers, savannahs and tallgrass prairies, and seed mixes. The minimum
density of replacement trees must meet the number of trees per hectare required to meet the
definition of a woodland or a woodlot. Replacement trees shall have a minimum height of 1.0 metres
and circumference of three inches, unless otherwise approved by the Designated Official.
Replacement Tree Planting Fund means the fund set aside for the purpose of planting trees in the
County other than on the lot where a tree has been injured or destroyed.
Residential Dwelling means a single detached residential dwelling, semi-detached residential
dwelling or rowhouse residential dwelling where the principal use of the dwelling is as a place of
residence occupied by one or more people for living, sleeping, eating and food preparation use.
Silviculture means the art, science, theory and practice of controlling forest establishment, and the
composition, growth and quality of forests to achieve the objectives of good forestry practices and
forest management.
Silvicultural Prescription means the site specific operational plan, signed and sealed by a Qualified
OPFA Member, that describes the existing forest conditions and the forest management objectives for
an area and which prescribes the methods for harvesting the existing forest stand and a series of
silviculture treatments that will be carried out to establish a free-growing stand in a manner that
accommodates other resource values as identified.
Tree means any species of woody perennial plant, including the root system, where the plant has
reached or can reach a height of at least 4.5 metres at physiological maturity.
Unforested Corridor means a break in a forest canopy not wider than 20 metres, including but not
limited to roads, paths, buildings and structures, or natural features such as a creek, wetland, or
watercourse.
Unsafe Condition shall mean a condition that poses or constitutes an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the property.
Wetland means 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. In either case the presence of abundant water has
caused the formation of hydric soils and has favoured the dominance of either hydrophytic plants or
water tolerant plants. The four major types of wetlands are swamps, marshes, bogs and fens.
Windbreak means row or group of trees that are used to block and direct wind in which the area of
the windbreak is 0.2 hectares or greater in size and meets the density criteria of trees for a woodland
or woodlot.
Woodland means forested areas, treed areas, and plantations that are at least 1.0 hectares or more
in area with at least:
a) 1,000 trees of any size per hectare;
b) 750 trees, measuring over 5 cm at dbh, per hectare;
c) 500 trees, measuring over 12 cm at dbh, per hectare; or
d) 250 trees, measuring over 20 cm at dbh, per hectare.
A hedgerow or windbreak that meet the size and density criteria are considered a woodland. A
woodland does not include a tree located within a cultivated fruit or nut orchard, Christmas tree plantation,
or plant nursery. For the purpose of this By-Law, the boundary of a woodland shall be defined by the
ecological limit of the canopy of the woodland and not by property boundaries. Where a woodland is
dissected by an unforested corridor, the boundary of the woodland shall be deemed to cross the
unforested corridor.
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Woodlot means forested areas, treed areas, and plantations that are at least 0.2 hectares and less
than 1.0 hectares in area with at least:
a) 988 trees of any size per hectare;
b) 741 trees, measuring over 5 cm at dbh, per hectare;
c) 494 trees, measuring over 12.7 cm at dbh, per hectare; or
d) 247 trees, measuring over 20.3 cm at dbh, per hectare.
A hedgerow or windbreak that meets the size and density criteria are considered a woodlot. A woodlot
does not include a tree located within a cultivated fruit or nut orchard, Christmas tree plantation, or plant
nursery. For the purpose of this By-Law, the boundary of a woodlot shall be defined by the ecological
limit of the canopy of the woodlot and not by property boundaries.
SECTION 2
APPLICATION OF THE BY-LAW
a) This By-Law shall apply to all trees in natural heritage features and areas in the County.
b) Where a provision of this By-Law conflicts with a provision of another by-law in force in the
County, the provision that establishes the higher standard shall prevail to protect the health, safety
and welfare of the general public.
c) Nothing in this By-Law serves to prohibit the following:
i.
A normal farm practice under the Farming and Food Production Protection Act.
ii. Removal of a noxious weed in accordance with the Weed Control Act
iii. Removal of a tree classified as prohibited or restricted as defined in the Invasive Species Act.
iv. Removal of a hazard tree approved by designate.
d) Notwithstanding any provisions in this By-Law, no person shall cause or permit the injuring or
destruction of a tree in contravention of the Endangered Species Act, Species at Risk Act,
Fisheries Act, Migratory Birds Convention Act and/or any other applicable provincial or federal
legislation.
SECTION 3
GENERAL PROHIBITION
a) No person through their own actions or through the actions of others under the care and control of
that person, shall injure, destroy, cause, or permit to be injured or destroyed, any tree located in
natural heritage features and areas, unless:
i.
The tree may be injured or destroyed pursuant to County of Brant Highways By-Law 275-99
or Property Standards By-Law 205-02, as may be amended or updated;
ii. Exempted under the provisions of this By-Law; or
iii. They are in possession of a valid permit that has been issued pursuant to the provisions of
this By-Law and in accordance with its terms or conditions.
b) No person through their own actions or through the actions of others under the care and control
of that person, shall fail to comply with the terms or conditions of a permit issued pursuant to
Section 5 or Section 6 of this By-Law.
SECTION 4
EXEMPTIONS
The provision of this By-Law shall not apply to the following:
Statutory Exemptions as per the Municipal Act:
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,
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1994.
c) The injuring or destruction of trees by a person licensed under the Surveyors Act to engage in the
practice of cadastral surveying or his or her agent, while making a survey.
d) The injuring or destruction of trees imposed after December 31, 2002, as a condition to the
approval of a site plan, a plan of subdivision or a consent under Section 41, 51 or 53, respectively,
of the Planning Act or as a requirement of a site plan agreement or 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.
g) The injuring or destruction of trees undertaken on land described in a licence for a pit or quarry or
a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act.
h) The injuring or destruction of trees undertaken on land in order to lawfully establish and operate or
enlarge any pit or quarry on land:
i.
That has not been designated under 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, 2001, c.25, s.135 (12); 2002, c.17, Schedule a, s.27 (3,4).
Other Exemptions:
i)
Pruning necessary to maintain the health and condition of a tree provided the pruning is in
accordance with good arboricultural practices.
j)
The injury or destruction of a tree for the construction and maintenance of municipal drainage
works under the Drainage Act, or any successor thereof.
k) The injury or destruction of a tree as part of an activity or matter undertaken by the Grand River
Conservation Authority or Long Point Region Conservation Authority on land owned or managed
by the Conservation Authority provided that the injury or destruction does not result in clear
cutting; reduce the density of trees in a woodland or woodlot below the minimum number of trees
per hectare required to be considered a woodland or woodlot; and the destruction or injury is
consistent with good forestry practices.
l)
The injury or destruction of a tree as part of an activity by a federally regulated pipeline company
for the purpose of constructing and maintaining such infrastructure and associated right-of-way
defined in the Onshore Pipeline Regulations, or any successor thereof.
m) The injury or destruction of a tree as part of an activity of a provincially regulated pipeline company
for the purpose of constructing and maintaining such infrastructure and associated right-of-way
defined in the Technical Standards and Safety Act, or any successor thereof.
n) The injury or destruction of a tree located in a:
i.
Cultivated fruit or nut orchard, Christmas tree plantation, or plant nursery;
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ii. Building, solarium, rooftop garden or interior courtyard; or
iii. A landscaped area being an area containing trees planted for aesthetic purposes whereby the
landscaped area is located in close proximity to an existing building, is generally less than 0.1
hectares in size and is approved in writing by the Designated Official as being a landscaped
area.
o) The injury or destruction of a tree located within 2 metres of an existing building, driveway,
sidewalk, parking lot, domestic well, sewage system or a tree certified by a building inspector or
engineer as causing structural damage to a drain, utility, domestic well, sewage disposal system,
load-bearing structure or roof structure.
p) For any of the following purposes, provided that the tree was not planted as a replacement tree as
a condition of a permit issued pursuant to this By-Law or as a condition of a Planning Act
application, and the destruction or injury of the tree is in accordance with good forestry practices:
i.
The injury or destruction of a tree located in an amenity area that is within the rear yard and
within 10 metres of a residential dwelling, provided the injury or destruction does not constitute
clear cutting and the tree is not in a wetland, area of natural and scientific interest, or
vegetation protection zone.
ii. The injury or destruction of a tree to construct an existing building, structure, or thing including
any associated driveway, access, servicing and utilities for which a building permit has been
issued provided that the injury or destruction does not constitute clear cutting and the tree is
not in a wetland, area of natural and scientific interest, or vegetation protection zone.
iii. The injury or destruction of a tree through selective harvesting, subject to the following
provisions:
1. For properties less than 5 hectares in area that no more than 20 trees or 6 bush cords
plus associated fuel wood from the tops of the aforementioned trees are injured or
destroyed within a calendar year; or
2. For properties 5 hectares or greater in area that no more than 40 trees or 12 bush cords
plus associated fuel wood from the tops of the aforementioned trees are injured or
destroyed within a calendar year; and
3. The injury or destruction does not constitute clear cutting, or reduce the density of trees in
a woodland or woodlot below the minimum number of trees per hectare required to be
considered a woodland or woodlot.
iv. The injury or destruction of a tree where land has been previously cleared as part of an
agricultural operation which has become overgrown with young early-successional tree
species (e.g. sumac, hawthorn, apple, scots pine, poplar, white birch, ash) that are less than
10 years old and have a dbh of less than 10 cm, provided that the land is to be used as part of
an agricultural operation.
v. The injury or destruction of a tree where trees are impeding the passage of agricultural
equipment along an existing laneway or to construct a new laneway where the lands do not
contain an existing laneway and there is no feasible location outside of natural heritage
features and areas as verified in writing by the Designated Official, where the lands are used
as part of an agricultural operation, provided that the injury or destruction does not constitute
clear cutting.
q) The injury or destruction of a tree growing in contaminated soil and, by its presence, preventing
remediation of the contaminated soil, provided that proof of remediation efforts in the form of a
remediation plan prepared by a qualified person defined in Ontario Regulation 153/04, or any
successor thereof.
r) The injury or destruction of a tree as part of a Normal Farm Practice that is recognized by the
Normal Farm Practices Protection Board.
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s) The injury or destruction of a tree for activities that create or maintain infrastructure authorized
under an environmental assessment process.
t) The injury or destruction of a tree for flood or erosion control projects undertaken by the municipal,
provincial or federal government including that of a conservation authority provided it has been
demonstrated to be necessary in the public interest and after all alternatives have been
considered.
u) The injury or destruction of hazard trees as approved by the designate.
SECTION 5
GOOD FORESTRY PRACTICES PERMIT
a) The County may issue a permit entitled a Good Forestry Practices Permit to allow the injuring or
destruction of trees in natural heritage features and areas provided that:
i.
The Good Forestry Practices Permit Application Form is completed in accordance with Section
5 b) of this By-Law;
ii. The person who is injuring or destroying trees does so in accordance with a silvicultural
prescription prepared and approved by a Qualified OPFA Member in accordance with good
forestry practices;
iii. A permit has been issued by the Designated Official; and
iv. The person who is injuring or destroying trees has complied with all the requirements of this
By-Law.
b) An applicant who intends to injure or destroy trees in accordance with good forestry practices
shall complete and deliver, or send by email, to the Designated Official, a legible and signed
Good Forestry Practices Permit Application Form, by:
i.
Submitting a complete application form, in the form prescribed by the Designated Official, and
signed by the applicant and owner;
ii. Submitting the prescribed fee as set out in the County Fees and Charges By-Law;
iii. Submitting a copy of the silvicultural prescription signed by and identifying the person who
prepared and approved the prescription; and
iv. Clearly marking the trees to be injured or destroyed by a Certified Tree Marker with a vertical
line of paint in a visible location approved by the Designated Official.
c) Upon receipt of a complete application, the Designated Official shall, within a reasonable time,
return to the mailing address or email address provided in the application form, a receipted copy of
the permit.
d) The applicant shall erect and display a notice sign at the entrance to the natural heritage features
and areas in a location that is clear and visible to all persons, and the notice shall be in the form
prescribed by the Designated Official. The public notice shall remain on display until either the
application has been denied or the approved injury or destruction of trees has been completed.
e) The applicant shall notify the Designated Official, by telephone or email, no more than seven
business days and no less than 24 hours prior to the date upon which the injury or destruction of
trees is to begin advising of the date upon which the injury or destruction of trees is to start.
f) The permit is valid for a term of two years and is not transferable. If the activity for which the permit
was issued has not taken place within the time frame of the permit, such permit shall lapse and
shall be of no effect.
g) Prior to the expiry of the permit, the applicant may request in writing, that the permit be renewed.
Such renewals may, at the discretion of the Designated Official shall not be unreasonably denied.
Permits may be renewed one time only for an additional period of not more than one year.
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SECTION 6
CLEAR CUTTING PERMIT
a) Where an applicant intends to injure or destroy trees that are not exempt under Section 4 of this
By-Law or approved in accordance with a permit issued for a Good Forestry Practices Permit
pursuant to Section 5, an application may be made for a Clear Cutting Permit provided the injury
or destruction is not proposed in a prohibited clear cutting area, by applying for a permit to the
Designated Official at least 45 days prior to the intended destruction or injury of trees, by:
i.
Submitting a complete Clear Cutting Permit Application Form, in the form prescribed by the
Designated Official, signed by the applicant and owner;
ii. Submitting the prescribed fee as set out in the County Fees and Charges By-Law;
iii. Where the tree is a common property tree, a letter from the adjacent property owner agreeing
to proposed injuring or destruction;
iv. Clearly marking the trees proposed to be injured or destroyed by a Certified Tree Marker in a
visible location approved by the Designated Official;
v. Submitting an Environmental Implementation Plan;
vi. Submitting an Environmental Impact Study in addition to an Environmental Implementation
Plan where specified by the Designated Official. An Environmental Impact Study is required
where the injury or destruction of trees is proposed in or within 120 metres of known or
potential natural heritage features and areas, unless otherwise directed by the Designated
Official;
vii. Submitting a proposal for replacement trees on the lands subject to the injury or destruction of
trees, on alternate lands approved by the Designated Official, and/or as a cash-in-lieu
payment to the Replacement Tree Planting Fund. The aerial extent of the replacement trees
required to be provided by the applicant shall be at a ratio equal to the greater of: two times
the aerial extent of the canopy of trees injured or destroyed; a ratio approved through an
Environmental Impact Study; or a ratio as established by County approved guidelines; and
viii. Any other information as deemed necessary by the Designated Official.
b) Once the required information has been submitted in Section 6 a) to the satisfaction of the
Designated Official, the applicant will be notified in writing that the application is deemed complete.
c) Within fifteen business days of the application being deemed complete and at least fifteen
business days prior to consideration of the application, the Designated Official shall send by
regular mail or by personal delivery, written notice of the application to all assessed owners of
each parcel of land that abuts the subject property from which trees are proposed to be injured or
destroyed.
d) At least fifteen business days prior to consideration of the application, the applicant shall erect and
display a public notice sign at the entrance to the natural heritage features and areas in a location
that is clear and visible to all persons, and the notice shall be in the form prescribed by the
Designated Official. The public notice shall remain on display until either the application has been
denied or the approved injury or destruction of trees has been completed.
e) The Designated Official may confer with representatives of the County, Ministry of Natural
Resources and Forestry, Ministry of Agriculture Food and Rural Affairs, relevant Conservation
Authority, and any such other government agencies, or experts as are deemed necessary for the
purpose of obtaining comments and determining whether a permit should be issued.
f) In considering an application for a permit for a Clear Cutting Permit, the Designated Official may:
i.
Issue a permit for the injury or destruction;
ii. Issue a permit for the injury or destruction with modifications and/or conditions; or
iii. Refuse to issue a permit for the injury or destruction request.
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g) A permit for a Clear Cutting Permit will not be issued for the injury or destruction of trees unless
the applicant has demonstrated to the satisfaction of the Designated Official that all of the
following will be achieved, taking into consideration the proposed injury or destruction of trees in
conjunction with the cumulative impacts of all previous permits, planning approvals, exemptions,
violations, regulations and other removal of natural heritage features and areas:
i.
The intent, purpose, and provisions of the By-Law will be maintained;
ii. There is no reasonable alternative to the destruction or injuring of trees, and the injury and
destruction of trees has been minimized and mitigated to the maximum extent possible;
iii. The amount of tree destruction or injury would not reduce the area of a woodland below the
minimum area to be considered a significant woodland how-so-ever as described in the
County Official Plan;
iv. The proposed injury or destruction of trees is not in a prohibited clear cutting area;
v. Natural heritage features and areas, ecological systems, hydrological functions, natural
landforms or contours, erosion and flooding hazards will be adequately protected;
vi. The injury or destruction is in conformity with the vision, objectives and policies in the County
Official Plan, Provincial Policy Statement, and Growth Plan for the Greater Golden Horseshoe
with regard to climate change and green infrastructure and protecting, maintaining, restoring
and improving natural heritage features and areas, natural heritage systems, and water
resource systems;
vii. Replacement trees will be provided in accordance with the provisions of this By-Law;
viii. Authorization has been obtained pursuant to the Endangered Species Act for the injury or
destruction of a tree that is a species or contains the habitat of endangered or threatened
species;
ix. Where an application for an official plan or zoning amendment, consent, minor variance, plan
of subdivision, plan of condominium, or site plan to the land on which the tree is located has
been submitted that a final decision has been made pursuant to the Planning Act; and
x. A site alteration permit is not required pursuant to the County of Brant Site Alteration By-Law.
h) The Designated Official may impose such terms and conditions to the permit that are reasonable
and desirable for the appropriate development of the land on which the permit is granted that may
include but not be limited to:
i.
Implementation and inspections regarding recommendations in the Environmental
Implementation Plan;
ii. Written confirmation from a Qualified OPFA Member or another qualified professional
approved by the Designated Official, confirming completion of the Environmental
Implementation Plan;
iii. A written undertaking by the owner to plant and maintain replacement trees as approved as
part of the Environmental Implementation Plan;
iv. Providing replacement trees at the ratio required by this By-Law on the lands subject to the
Clear Cutting Permit, on alternate lands approved by the County, and/or as cash-in-lieu to be
provided to the Replacement Tree Planting Fund;
v. Posting a letter of credit or alternative form of financial securities for a specified period of time
to ensure implementation of the Environmental Implementation Plan;
vi. Entering into an agreement with the County and/or registering a restrictive covenant on title of
the property;
vii. A requirement that any injury or destruction of trees for an agricultural operation must be put
into agricultural use within a specified time period;
viii. The injury or destruction of trees be carried out in accordance with good forestry practices
under the supervision of a certified arborist or Qualified OPFA Member; and/or
ix. Any other conditions as deemed necessary by the Designated Official.
i)
The owner or applicant shall be notified in writing with respect to the decision regarding the
application for a permit.
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j)
The decision of the Designated Official shall be final, unless the application for a permit is
appealed to Council or a Committee of Council in accordance with Section 7.
k) The applicant shall notify the Designated Official, by telephone or email, no more than seven
business days and no less than 24 hours prior to the date upon which the injury or destruction of
trees is to begin advising of the date upon which the injury or destruction of trees is to start.
l)
The permit is valid for a term of two years and is not transferable. If the activity for which the permit
was issued has not taken place within the time frame of the permit, such permit shall lapse and
shall be of no effect.
m) Prior to the expiry of the permit, the owner may request in writing, that the permit be renewed.
Such renewals may, at the discretion of the Designated Official shall not be unreasonably denied.
Permits may be renewed one time only for an additional period of not more than one year.
SECTION 7
APPEAL
a) The applicant for a permit under Section 6, may appeal to Council or a Committee of Council, and
shall submit the prescribed fee in the Fees and Charges By-Law:
i.
Within 14 days of a written refusal from the Designated Official to issue a permit;
ii. Within 45 days after the application is deemed complete, if the Designated Official fails to
make a decision; or
iii. Within 14 days of a written decision by the Designated Official, if the owner or applicant
objects to a term or condition of the permit.
b) Where an Order has been served, the owner or person to who the Order is being served may
appeal the Order to Council or a Committee of Council within 30 days of being served the Order.
c) An appeal made under this section does not act as a stay of any Order issued, which shall take
effect on the day it is served or deemed served and shall continue to be effective until Council or a
Committee of Council renders a decision indicating otherwise.
d) Circulation of Notice of Hearing:
i.
The Clerk shall circulate by personal service, regular mail or email not less than 14 days prior
to the Council or Committee of Council meeting notice of a hearing.
ii. The notice of hearing shall be circulated to the owner, applicant and to all assessed owners of
land that are within 120 metres of the property subject to the application.
iii. The Notice shall contain the following information:
1. Name of the owner;
2. The address of the lands subject to the hearing;
3. Purpose of the application and appeal;
4. The date or dates for which the application is sought;
5. The date and time the matter will be heard by Council or a Committee of Council; and
6. Contact information should an individual wish to address Council or a Committee of
Council regarding the matter.
e) In hearing the matter, Council or a Committee of Council shall give the applicant and any person
an opportunity to be heard and may consider such other matters as it deems appropriate.
f) Where a permit is appealed to Council or a Committee of Council, Sections 6 f) to m) shall apply
with necessary modifications.
g) The proceedings at the hearing held by the Council or a Committee of Council shall be in
accordance with the provisions of the Statutory Powers Procedures Act, R.S.O. 1990, c.22.
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h) The decision of Council or a Committee of Council shall be final.
SECTION 8
ORDER TO DISCONTINUE ACTIVITY
a) Pursuant to Section 444 of the Municipal Act, where an Officer is satisfied that a contravention of
this By-Law has occurred, the Officer may issue an Order requiring the person who contravened
the By-Law or who caused or permitted the injuring or destruction of trees in contravention of the
By-Law to stop and discontinue the injuring or destruction of trees.
b) The Order to Discontinue Activity shall set out:
i. The name of the owner and the municipal address or the legal description of the land;
ii. Reasonable particulars of the contravention; and
iii. The date by which the Order must be in compliance with the By-Law.
SECTION 9
WORK ORDERS
a) Pursuant to Section 445 of the Municipal Act, 2001, where the County is satisfied that a
contravention of a By-Law of the municipality passed under this or any other Act has occurred, the
County may make an Order requiring the person who contravened the By-Law or who caused or
permitted the contravention or the owner or Occupant of the land on which the contravention
occurred to do work to correct the contravention. An Order may require work to be done even
though the facts which constitute the contravention of the By-Law were present before the By-Law
making them a contravention came into force.
b) The Order shall set out:
i. Reasonable particulars of the contravention adequate to identify the contravention and the
location of the land on which the contravention occurred; and
ii. The work to be done and the date by which the work must be done.
SECTION 10 OFFENCE-CONTRAVENE WORK ORDER
a) No person shall contravene an Order issued pursuant to this bylaw.
SECTION 11 REMEDIAL ACTION
a) Pursuant to Section 446 of the Municipal Act, 2001, where the County has the authority under this
By-Law or under any Act to direct or require a person to do a matter or thing, in default of it being
done by the person directed or required to do it, the County may enter upon land at any
reasonable time, to perform the work at the person's expense and may recover the costs 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.
SECTION 12 POWERS OF ENTRY
a) Pursuant to Sections 435 and 436 of the Municipal Act 2001, R.S.O. 2001, c.25 any Officer,
employee, or agent of the County may without notice, and upon producing the proper identification
upon request, enter on land at any reasonable time for the purpose of carrying out an inspection to
determine whether or not the following are being complied with:
i. This By-Law or any other By-Law passed by the municipality;
ii. Any direction or Order of the Municipality made under the Municipal Act 2001, R.S.O. 2001,
c.25, or this By-Law;
iii. A condition of a license issued by the Municipality; or
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iv. An Order to discontinue or remedy a contravention of this By-Law for which a conviction has
been entered by a court of competent jurisdiction.
SECTION 13 ENFORCEMENT AND INSPECTIONS
a) An Officer may enforce the provisions of this By-Law.
b) An Officer may enter on land at any reasonable time for the purpose of carrying out an inspection
to determine whether any provision of this By-Law is being complied with.
c) For the purposes of conducting an inspection pursuant to this By-Law, an Officer may:
i. Require the production for inspection of documents or things relevant to the inspection;
ii. Inspect and remove documents or things relevant to the inspection for the purpose of making
copies or extracts;
iii. Require information from any person concerning a matter related to the inspection; and
iv. Alone, or in conjunction with a person possessing special or expert knowledge, make
examinations or take tests, samples or photographs necessary for the purposes of the
inspection.
d) 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, including refusing to identify themselves when requested to
do so by an Officer.
e) Any person who provides false information on an application or to an Officer shall be deemed to
have hindered or obstructed the Officer in the execution of their duties.
SECTION 14 PENALTY
a) Every person who contravenes any provision of this By-Law, including failing to comply with an
Order made under this By-Law, is guilty of an offence and is liable to a fine, and such other
penalties, as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended (the
"Provincial Offences Act") and the Municipal Act, 2001.
b) Any contravention of any provision of this By-Law is hereby designated as a continuing offence.
c) As per Section 429(3) of the Municipal Act:
i. A minimum fine shall not exceed $500 and a maximum fine shall not exceed $100,000.
However, a special fine may exceed $100,000.
ii. In the case of a continuing offence, for each day or part of a day that the offence continues, a
minimum fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However,
despite paragraph i., the total of all of the daily fines for the offence is not limited to $100,000.
iii. In the case of a multiple offence, for each offence included in the multiple offence, a minimum
fine shall not exceed $500 and a maximum fine shall not exceed $10,000. However, despite
paragraph i., the total of all fines for each included offence is not limited to $100,000.
a) In addition to any other remedy or penalty imposed, for contravention of any provision of this By-
Law, any person, and any director or officer of a corporation who is convicted of an offence under
this By-Law is liable to a fine of not less than $500 for each day or part of a day that the offence
continues, and not more than $10,000 for each day or part of a day that the offences continues,
and the total of all daily fines is not limited to $100,000.00.
b) In addition to any other remedy or penalty imposed for contravention of any provision of this By-
Law, the court in which the conviction has been entered or any court of competent jurisdiction
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thereafter may make an Order prohibiting the continuation or repetition of the offence by the
person convicted and requiring the person convicted to correct the contravention in the manner
and within the period that the court considers appropriate.
c) In addition to any other remedy or penalty imposed for contravention of any provision of this By-
Law, the contravention may be restrained by application by the County or by any County taxpayer.
d) The County may designate that the injuring or destruction of each tree is one offence in a series of
multiple offences.
e) 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 or replant trees in
such a manner and within such period as the court considers appropriate to re- establish the trees.
f) If a court makes an Order under Section 11 "Remedial Action" of this By-Law, the County relies on
Section 446(3) of the Municipal Act, as amended, for the recovery of costs.
SECTION 15 GENERAL PROVISIONS
a) The issuance of a permit does not relieve the owner, applicant, or permit holder from any
responsibility to obtain all other approvals that may be required from any other level of government
or authority having jurisdiction or any agencies thereof.
b) If any section or sections of this By-Law or parts thereof are found by any Court to be illegal or
beyond the power of the Council to enact, such section or sections or parts thereof shall be
deemed to be severable and all other sections or parts of this By-Law shall be deemed to be
separate and independent there from and continue in full force and effect unless and until similarly
found illegal.
c) In this By-Law, unless the context otherwise requires words importing the singular shall include the
plural.
d) This By-Law shall be known as the "Good Forestry Practices By-Law".
e) By-Law 197-07 shall be repealed effective on the coming into force and effect of this By- Law.
f) Despite subsection 15 e) of this section, By-Law 197-07 of the County shall continue to apply to
proceedings in respect of offences that occurred before its repeal.
READ a first and second time, this day of
, 2023.
READ a third time and finally passed in Council, this day of
, 2023.
THE CORPORATION OF THE COUNTY OF BRANT
Mayor
Clerk