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unofficial consolidation, the official version is held by the municipal clerk.
OFFICE CONSOLIDATION
This is a consolidation of the Town's by-law to prohibit or regulate
the destruction of trees in woodlands being By-law 2000-100 as
amended by By-law 2004-54, 2021-64 and 2026-066. This is
prepared for reference and information purposes only. The
following consolidation is an electronic reproduction made available
for information only. It is not an official version of the by-law.
Official versions of all by-laws can be obtained from the Legislative
Services section by calling (905) 584-2272. If there are any
discrepancies between this consolidation and By-laws 2000-100,
2004-54, 2021-64 and 2026-066 the By-laws shall prevail.
THE CORPORATION OF THE TOWN OF CALEDON
BY-LAW NO. 2000-100
A by-law to prohibit or regulate the
destruction of trees in woodlands
WHEREAS Section 223.2 of the Municipal Act, R.S.O. 1990 c. M.45, as amended, enables
Council to pass by-laws for prohibiting or regulating the injury or destruction of trees of any class
of trees specified in the by-law in any defined area or on any class of land; and, to require that a
permit be obtained for the injuring or destruction of trees specified in the by-law; and, prescribing
fees for the permit, and conditions under which a permit may be issued;
AND WHEREAS certain policies in the Town of Caledon Official Plan require and encourage the
protection, maintenance, enhancement and sound management of woodlands;
NOW THEREFORE the Council of the Corporation of the Town of Caledon enacts as follows:
SECTION 1 TITLE OF BY-LAW
This by-law may be cited as the "Woodland Conservation By-law".
SECTION 2 DEFINITIONS
In this by-law,
[By-law 2004-54
effective Apr 6/04
[By-law 2004-54
effective Apr 6/04
[By-law 2004-54
effective Apr 6/04
"agricultural operation" means land used for the commercial production of
crops or raising of livestock and includes cultivation, seeding, and
harvesting;
"applicant" means the owner who submits an application under this by-law;
"application" means the application form for a permit under this by-law;
"Christmas tree farm" means land on which coniferous trees are grown
and maintained for sale as Christmas trees;
"clerk" means the clerk of the Corporation of the Town of Caledon;
"council" means the council of the Corporation of the Town of Caledon;
"dbh" means 'diameter breast height', and is the diameter of the stem of a
tree measured at a point 1.37 metres above ground level';
"destroy" means the removal, injury or ruin of a tree by cutting, burning,
uprooting, chemical application or other means;
"director" means the director of Building and By-law Enforcement for the
Town of Caledon;
"diseased tree" means a tree injured or affected by a disease caused by a
vertebrate or invertebrate animal, virus, fungus, bacterium, or other
organism, or any combination thereof;
"environmental policy area" means land that is defined as Environmental
effective Policy Area (EPA) in the Town of Caledon Official Plan, as
amended;
[By-law 2004-54
effective Apr 6/04
[Amended by By-law
2021-64 effective July
13/21]
"fence row" means a narrow linear strip of trees that defines a laneway
boundary between fields or properties;
"forest management plan" includes a plan for forest management
prepared by a forestry consultant; or a plan prepared by an owner or his
agent which is approved by a managed forest plan approver designated
by the Ministry of Natural Resources; which is in accordance with the
guidelines set by the Ministry of Natural Resources or other recognized
guidelines, which provides for the management of forests for the
production of wood and wood products, and the maintenance, protection,
restoration and enhancement of ecosystem integrity;
"forestry consultant" means a Registered Professional Forester or an
Associate Registered Professional Forester in good standing with the
Ontario Professional Forester's Association;
"good forestry practices" means the proper implementation of harvest,
renewal and maintenance activities known to be appropriate for the
woodlot and the environmental conditions under which it is being applied
and which maintains woodlot values, including: significant ecosystems;
important fish and wildlife habitat; soils; water quality and quantity; woodlot
productivity and health; and the aesthetic and recreational values of the
landscape;
"horticultural nursery" means land used for the growing of sod, flowers,
bushes, trees or gardening, landscaping or orchard stock for wholesale or
retail sale;
"municipality" means the Corporation of the Town of Caledon;
"officer" means a person appointed and designated an officer under this
by-law;
"Official Plan" means the Official Plan of the Town of Caledon;
"owner" includes the registered owner of the land on which the trees are
growing or located;
"permit" means the written authorization from the director to destroy trees
under this by-law;
"person" means an individual, a corporation and the heirs, executors,
administrators, or other legal representatives of a person to whom the
context can apply according to law;
"tree" means any species of single or multi-stemmed perennial woody
plant, which has reached or can reach a height of at least (6) metres at
physiological maturity. This definition does not include sumac, hawthorne
and wild apple trees, except where these species form an integral
component of a forest ecosystem;
"tree cutting contractor" shall mean any person who enters into a contract
with the applicant for the purposes of destroying trees;
"woodland" means different trees, shrubs, ground vegetation and soil
complexes that provide habitat for plants and animals which is a minimum
of 0.5 hectares (1.2 acres) in area and contains at least:
(i)
370 trees measuring more than 5 centimetres dbh; or
(ii)
250 trees measuring more than 12 centimetres dbh; or
(iii)
125 trees measuring more than 20 centimetres dbh;
but shall not include:
(iv)
an orchard that is being actively managed and harvested for
the purposes for which it was planted;
[By-law 2004-54
effective Apr 6/04
(v)
a Christmas tree farm that is being actively managed and
harvested for the purposes for which it was planted;
(vi)
a horticultural nursery that is being actively managed and
harvested for the purposes for which it was planted;
(vii)
or a landscaped area being an area containing trees
planted for aesthetic and not forestry purposes;
(viii)
a nut tree farm;
(ix)
trees planted as a feedstock for ethanol, pulp or veneer;
(x)
a fence row.
SECTION 3 SCOPE OF BY-LAW
3.1
AREA OF APPLICATION OF BY-LAW
This by-law applies to all trees in a woodland.
3.2
EXEMPTIONS
This by-law does not apply to:
(i)
activities or matters undertaken by the provincial or federal
government or their agents;
(ii)
activities or matters authorized under the Crown Forestry
Sustainability Act, 1994;
(iii)
activities or matters prescribed by regulation by the Lieutenant
governor in Council;
(iv)
activities or matters authorized under the Forest Tree Pest Control
Act, R.S.O. 1990, c. F.25;
(v)
trees on land described and authorized for removal in a licence for
a pit or quarry or licence for a wayside pit or wayside quarry issued
under the Aggregate Resources Act, R.S.O. 1990, c. A.8;
(vi)
trees located within waste disposal sites defined in part V of the
Environmental Protection Act, R.S.O. 1990, c. E.19;
(vii)
activities undertaken by Ontario Hydro or any public utility board or
commission performing its functions;
(viii)
activities authorized under the Environmental Assessment Act
R.S.O. 1990, c. E.18;
(ix)
works lawfully undertaken by the Regional Municipality of Peel;
(x)
trees destroyed in accordance with the conditions of an approval
granted under the Planning Act R.S.O. 1990, c. P.13;
(xi)
activities undertaken by Conservation Authorities on lands owned
by the authority;
(xii)
trees destroyed due to emergency work authorized by the Chief
Building Official or the Director of Infrastructure.
SECTION 4
GENERAL PROVISIONS
4.1
No person shall destroy a tree on any lands in a woodland without
first obtaining a permit where required under this by-law.
4.2
Where a permit has been issued under this by-law, no person shall
destroy a tree except in compliance with the permit and the
conditions attached thereto.
SECTION 5
ADMINISTRATION AND ENFORCEMENT
5.1
ADMINISTRATION
5.1.1 The director shall be responsible for the administration of this by-
law and is hereby delegated the authority to receive all permit
applications and fees, and shall issue permits and may impose
conditions to a permit in accordance with this by-law.
5.2
ENTRY
5.2.1 Every officer appointed for purposes of enforcement of this by-law
shall have the power to enter and inspect any land to which this by-
[Section 5.2.2 added
by By-law 2021-64
effective July 13/21]
[Section 6.1.1 Deleted
and Replaced by By-
law 2021-64 effective
July 13/21]
[Amended by By-law
2021-64 effective July
13/21]
law applies provided that the entry occurs during daylight hours
and the Certificate of Designation is produced prior to entry.
5.2.2
No person shall hinder or obstruct, or attempt to hinder or obstruct
an officer carrying out an inspection under this by-law.
SECTION 6
APPLICATION FOR PERMIT TO DESTROY TREES
6.1
SUBMISSION OF APPLICATION
6.1.1 An owner who intends to destroy a tree where a permit is required
under this by-law shall complete the application form prescribed by
the Director and deliver the completed application and non-
refundable payment of the applicable fee as outlined in the Town of
Caledon Fees By-law at least forty five (45) days prior to the
destruction of a tree.
6.1.2 An applicant shall provide all the information required to complete
the application form, and shall furnish such plans, specifications,
documents and other information that may be required by the
director so that he may be able to determine whether or not the
proposed tree destruction conforms to any applicable statute,
regulation or by-law.
Section 6.1.3 deleted in its entirety by By-law 2021-64, effective July 13,
2021.
6.2
OWNER'S AUTHORIZATION
6.2.1 Where there is more than one owner, only one owner shall be
considered the applicant and the other owners shall complete and
submit with the application the authorization form prescribed by the
Director.
6.3
CONSULTATION
6.3.1 After the director receives an application he may confer with
representatives of the Ministry of Natural Resources, relevant
Conservation Authority or, with a forestry consultant, or such other
officials as are necessary to determine whether or not a permit
should be issued to the applicant and whether any conditions
should be imposed.
6.4
INSPECTION PRIOR TO PERMIT ISSUANCE
6.4.1 Following receipt of an application, an officer and any person acting
under the officer's instructions may inspect the lands and shall
make his recommendation to the director as to whether or not a
permit should be issued and if so, under what conditions, if any, the
destruction of any tree may be carried out under the permit.
SECTION 7
PERMITS
7.1
ISSUANCE OF PERMIT
7.1.1 A permit for the destruction of trees shall not be required where:
(i)
the destruction of trees is on lands under a forest
management plan and a copy of the plan has been given to
the director at least 30 days before the destruction and, the
destruction is in accordance with good forestry practices; or
(ii)
the destruction of trees is necessary to install a building,
domestic well or a sewage disposal system authorized by a
building permit issued by the chief building official or an
approval under the Ontario Water Resources Act, R.S.O. c.
O.40, where the total area from which trees are cleared
does not exceed 0.4 hectares (0.98 acres); or
(iii)
the destruction of trees is for the personal use of the owner,
not including a sale, exchange or other disposition of the
trees that are cut, provided that no more than twenty (20)
trees are to be destroyed in any 12 month period, and the
trees are destroyed in accordance with good forestry
practice, and will not reduce the number of trees in the
woodland below the minimum number of trees necessary to
constitute a woodland; or
(iv)
the destruction of trees is necessary to remove a diseased
tree which may negatively affect the ecological integrity of
the woodland, or a tree which is a hazard to human health
or property.
[By-law 2004-54
effective Apr 6/04
[By-law 2004-54
effective Apr 6/04
[By-law 2004-54
effective Apr 6/04
7.1.2 A permit to destroy a tree shall be issued to the owner within 45
days of the date the application is deemed to be received when:
(i) (the destruction of trees is in accordance with good
forestry effective practice according to a written certificate
from a forestry consultant,
(ii) the destruction of trees would permit the establishment or
effective expansion of a use permitted by the Official Plan
and the Zoning By-law, if the director is satisfied that the
intent of the Official Plan and this by-law is maintained,
and a report has been prepared by a forestry consultant
stating that there is no alternative to the destruction of the
trees, or
(iii) the destruction of the trees would permit the expansion of
effective an existing agricultural operation and can be
reasonably
i. demonstrated to the director that:
(a)
the destruction of trees will provide for the
reclaiming of and increase in productive farm
land;
(b)
the woodland is on land that is contiguous with
the agricultural operation;
(c)
the owner of the land is actively engaged in a
viable agricultural operation and owns, actively
works and resides on an agricultural operation;
and
(d)
the destruction of trees does not occur within
an Environmental Policy Area.
7.1.3 An application is deemed to be received by the director when the
following have been submitted to the director:
(i)
the completed application form; and,
(ii)
the prescribed fee; and
(iii)
all required reports.
7.1.4 NON-ISSUANCE OF PERMIT
A permit to destroy a tree shall not be issued to the owner when:
(i)
the application is incomplete; or
(ii)
the required fee has not been paid; or
(iii)
the director requires a report from the forestry consultant
and the report has not been submitted or in the opinion of
the director, is not satisfactory; or
(iv)
the lands on which the tree is located are subject to an
application for an approval under the Planning Act, R.S.O.
1990 c. P.13, which has been submitted to the approval
authority and not approved; or
(v)
the lands on which the tree is located are subject to an
application to amend the Niagara Escarpment Plan and/or a
Development Permit application under the provisions of the
Niagara Escarpment Plan, and the application has not
received
approval
from
the
Niagara
Escarpment
Commission; or
(vi)
the tree is an endangered species as defined in the
Endangered Species Act, R.S.O. 1990, c. E. ; or
(vii)
flood or erosion control, or the ecological integrity of the
woodland, will be negatively affected as determined by the
staff of the Ministry of Natural Resources, conservation
authority, forestry consultant, or other officials as may be
consulted by the director; or
(viii)
the destruction of trees will not be in accordance with good
forestry practices as determined by a forestry consultant or
an Officer.
7.2
DURATION OF PERMIT
7.2.1 A permit shall be issued in the name of the owner and shall expire
one hundred and eighty (180) days after the date of issuance.
7.3
NOTICE OF COMPLETION
7.3.1 When the destroying of trees is completed under the permit, the
owner shall forthwith notify the director in writing.
7.4
CONDITIONS OF PERMIT
7.4.1 The director may attach any or all of the following conditions to the
permit which may include and are not restricted to the following:
(i)
the species, size, number and location of replacement trees
to be planted by the applicant;
(ii)
the date by which any replacement trees are to be planted;
and/or
(iii)
the maintenance and care of any replacement trees.
7.5
PERMIT EXTENSION
7.5.1 The director may extend the expiration date of a permit for a period
up to one (1) year from the date of the issuance if a written request
for an extension is received by the director at least five (5) working
days before the date the permit expires.
7.5.2 When considering whether or not to grant a permit date extension,
the director shall consider the extent to which the work authorized
by the permit has occurred and the extent to which the conditions
of the permit have been adhered to.
Section 8 Appeal to the Ontario Municipal Board deleted in its entirety by
By-law 2021-64, effective July 13, 2021.
[Section 8 renumbered
by By-law 2021-64
effective July 13/21]
[Section 8.1.2 Added
by By-law 2021-64
effective July 13/21]
[Section 10 Deleted
and Replaced with
Section 9 by By-law
2021-64 effective July
13/21]
[Section 9.6 added,
By-law 2026-066,
effective June 23,
2026]
SECTION 8
NON-COMPLIANCE WITH BY-LAW
8.1
ISSUANCE OF ORDER
8.1.1 If an officer is satisfied that a contravention of this by-law, including
non-compliance with the conditions attached to the permit, has
occurred, the officer may make an order requiring the person to
stop destroying the tree.
8.1.2 Every person to whom an order is issued shall comply with the
order.
8.2
SERVICE OF ORDER
8.2.1 An order issued under this by-law shall be served either
personally on the owner or by sending it by pre-paid registered or
by ordinary mail to the last known address of the owner or by
sending it by facsimile to the owner to the transmission number
shown on the application.
8.2.2 The officer may also post a placard containing the terms of the
order in a conspicuous place on the affected lands.
Section 8.3 Appeal to Council deleted in its entirety by By-law 2021-64,
effective July 13, 2021.
SECTION 9
PENALTY
9.1
Every person who contravenes any provision of this by-law
including the condition of a permit or an order issued by an officer
is guilty of an offence.
9.2
Every person who is charged with an offence under this by-law by
the filing of a certificate of offence under Part 1 of the Provincial
Offences Act, R.S.O. 1990, c. P.33, as amended, upon conviction
is liable to a fine provided for by the aforesaid act.
9.3
Every person who is charged with an offence under this by-law by
the laying of an information under Part III of the Provincial Offences
Act, R.S.O. 1990, c. P.33, as amended, upon conviction is liable,
pursuant to the fine provisions of the Municipal Act, 2001, to a fine
as follows:
(i)
on a first conviction, to a maximum fine of
$10,000.00,
(ii)
on any subsequent conviction, to a fine of not more
than $20,000.00.
9.4
If a person is convicted of an offence for contravening the
provisions of this by-law, or an order issued pursuant to this by-law,
the court in which the conviction has been entered may order the
person to correct the contravention, which may include but is not
limited to: planting or replanting such tree(s) in such manner and
within such time period as the court considers appropriate, such as
replacement of a comparable number, size and tree species as
determined by a forestry consultant.
9.5
Any costs payable or associated with an order of the court in
subsection 9.4 are in addition to, and not in substitution for, the
payment of any penalty imposed by the court for the commission of
an offence under this by-law or any other applicable legislation.
9.6
Every Person who contravenes any provision of this By-law,
including an Order issued under this By-law, is guilty of an offence
and is liable to pay to the Town an Administrative Penalty and any
Administrative
Fees,
where
applicable,
pursuant
to
the
Administrative Monetary Penalty System By-law 2024-086, as
amended.
SECTION 10 EFFECTIVE DATE OF BY-LAW
10.1
This by-law shall come into force and take effect on the day of
enactment by Council.
Section 12 deleted in its entirety by By-law 2021-64, effective July 13,
2021.
Read a first, second and third time and passed this 31st day of July 2000
"Carol Seglins"
Carol Seglins, Mayor
"Marjory Morden"
Marjory Morden, Clerk