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The Corporation of the Town of East Gwillimbury
By-law 2024-077
Being a By-law to Prohibit or Regulate the Injuring or Destruction of Trees
on Private Property in the Town of East Gwillimbury
Whereas section 8(1) of the Municipal Act, 2001, 5.0. 2001, c. 25, as amended ("Municipal Act,
2001") provides that the powers of a municipality under any act shall be interpreted broadly so
as to confer broad authority on a municipality to enable it to govern its affairs as it considers
appropriate;
AND WHEREAS section 11(2)5 of the Municipal Act, 2001 provides that a local municipality
may adopt by-laws for the economic, social and environmental well-being of the municipality;
AND WHEREAS section 11(3)5 of the Municipal Act, 2001 provides that a local municipality
may pass a by-law in the areas of culture, parks, recreation and heritage;
AND WHEREAS without limiting the broad municipal powers, section 135 and sections 139 to
141 of the Municipal Act, 2001 provide municipalities with further authority to regulate and
prohibit the destruction or injuring of trees;
AND WHEREAS section 429(1) of the Municipal Act, 2001 provides that a municipality may
establish a system of fines for a by-law passed under this Act;
AND WHEREAS section 436 of the Municipal Act, 2001 provides that a municipality may pass
by-laws providing that the municipality may enter on land at any reasonable time for the purpose
of carrying out an inspection to determine compliance with a by-law or an order made pursuant
to the by-law;
AND WHEREAS section 444 of the Municipal Act, 2001 provides that a municipality may make
an order to require a Person to discontinue contravening a by-law and to do the work required to
correct the contravention;
AND WHEREAS section 445 of the Municipal Act, 2001 provides that a municipality may make
an order requiring a Person who contravened a by-law or who caused or permitted the
contravention or the owner or occupier of the land on which the contravention occurred to do
work to correct the contravention;
AND WHEREAS section 446 of the Municipal Act, 2001 provides that a municipality may
proceed to do things at a Person's expense which that Person is otherwise required to do under
a by-law but has failed to do and the costs incurred by a municipality may be recovered by
adding the costs to the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS Council may also require that a Permit be obtained for the injury or destruction
of trees within the Town of East Gwillimbury, and may prescribe the fees for the Permit, then
circumstances under which a Permit may be issued, and the conditions to such a Permit;
AND WHEREAS the Council of The Corporation of the Town of East Gwillimbury recognizes the
ecological and aesthetic value of trees and is desirous of managing the Injury and Destruction of
Trees.
SECTION 1.0 -- DEFINITIONS
In this by-law, the following definitions apply:
"Administrator" means the individual employed by the Town of East Gwillimbury who is
responsible for the administration of this by-law;
"Agricultural Operation" means an agricultural, aquacultural, horticultural or silvicultural
operation that is carried out with the expectation of gain or reward;
"Applicant" means the person who submits an application to the Town of East Gwillimbury for
a tree permit or a distinctive tree permit, as applicable;
"Arborist report" means a report prepared and signed by an arborist, which includes details on
the species, size, health, location of a Tree to be Destroyed, Injured or removed, and an
assessment of the structural integrity of the subject Tree using the "Tree Risk Assessment, Best
Management Practices", Companion publication to ANSI 300 part 9, standard practices, ISA, as
may be amended or replaced;
"Central Growth and Settlement Areas" means the settlement areas that includes the
communities of Sharon, Holland Landing and Queensville and Mount Albert as delineated in the
Town's Official Plan.
"Dead," "Dying" or "Diseased Tree" means a tree with no living tissue, a tree where seventy
(70) percent or more of its crown is dead or a tree infected by a lethal pathogen, as certified by
a Qualified Person;
"Designated Official" means an individual appointed by the Town to consult with residents and
businesses and enforce the provisions of this By-Law if required, and includes the Town Arborist
or a municipal by-law enforcement officer;
"Destroy" or "Destruction" means to cause directly or indirectly, the removal, ruin, uprooting
or death of a Tree whether by accident or by design, and includes the removal, ruin, uprooting
or death of a Tree caused by any one or more of the following activities:
(a) removing, cutting, girdling, or smothering of the Tree or roots;
(b) interfering with the water supply;
(c) setting fire to a Tree;
(d) the application of chemicals on, around, or near the Tree;
(e) compaction or re-grading within the tree protection zone up to any existing paved surfaces;
(f) damage caused by new development or construction related activities including driveways;
(g) storing any materials within a tree protection zone; or
(h) neglect.
"Diameter or DBH" means the diameter at breast height, measured outside the bark, of the
stem or trunk of a Tree, and shall be measured at a point 1.37 meters above the existing grade
of the ground adjoining its base or, where there are multiple stems to a Tree, means the total of
diameter of all stems at a point 1.37 meters above the existing grade, or alternate methods
approved by the Designated Official;
"Emergency Work" means any work required to be carried out immediately in order to prevent
imminent danger to life, health or property from natural events (including lightning, wind, hail or
an extreme snow event) or unforeseen circumstances (i.e. automobile accidents), and includes
work of an urgent nature which can be associated with drain repairs, utility repairs or structural
repairs to a building, and work required to prevent soil erosion, slipping of soil or damage to
Trees;
"Farm Operator" means the person(s) responsible for the management decisions in operating
an agricultural operation. Can be owners, tenants or hired managers of the agricultural
operation, including those responsible for management decisions pertinent to particular aspects
of the farm - planting, harvesting, raising animals, marketing and sales, and making capital
purchases and other financial decisions.
"Good Arboricultural Practice" means the proper implementation of removal, renewal and
Maintenance activities known to be appropriate for individual Trees in and around urban areas
to minimize detrimental impacts on urban forest values, 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;
"Government Body" means the Town of East Gwillimbury, Regional Municipality of York, a
Conservation Authority established under provincial legislation and any Ministry or agent of the
Federal or Provincial government;
"Hazard Tree" means a Tree that is severely damaged to the extent that it poses an immediate
safety threat to Persons or property;
"Hedgerow" means a row of shrubs or trees enclosing or separating fields;
"Hoarding" means a fence or similar structure used to enclose a portion of a property to protect
an existing Tree(s) or other vegetation;
"Injure" or "Injury" means to cause, directly or indirectly, whether by accident or design, lasting
damage or harm to a Tree, and includes any damage or harm to a Tree caused by one or more
of the following activities:
(a) removing, cutting, girdling, or smothering of the Tree or roots;
(b) interfering with the water supply;
(c) setting fire to a Tree;
(d) the application of chemicals on, around, or near the Tree;
(e) compaction or re-grading within the tree protection zone up to any existing paved surfaces;
(f) damage caused by new development or construction related activities including driveways;
(g) storing any materials within a tree protection zone; or
(h) neglect.
"Lot" means a parcel of land having specific boundaries which is capable of legal transfer;
"Maintenance" includes all work or operations related to trimming, Pruning, spraying, injecting,
fertilizing, treating, cabling and bracing a Tree in accordance with Good Arboricultural Practice;
"Normal Farm Practice" means a practice, as defined in the Farming and Food Production
Protection Act, 1998, SO 1998, c. 1, that is conducted in a manner consistent with proper and
acceptable customs and standards as established and followed by similar Agricultural
Operations under similar circumstances or a practice which makes use of innovative technology
in a manner consistent with proper advanced farm management practices;
"Normal Farm Practices Protection Board (NFPPB)" was established by the Farming and
Food Production Protection Act, 1998, to resolve disputes regarding agricultural operations and
to determine what constitutes a Normal Farm Practice.
"Nursery" means property on which the principal business of selling plants, shrubs, and Trees
occurs;
"Order" means an order issued pursuant to this by-law to stop the Injury or Destruction of
Tree(s);
"Owner" means the registered Owner of a Lot, and his or her respective successors and
assigns, or his or her agent;
"Permit" means a Permit issued under this by-law to Injure or Destroy a Tree on private
property within the Town;
"Person" means any individual, public or private corporation, partnership, association, firm,
trust, public agency, municipality, or other entity and includes any legal representative(s) acting
on behalf of or under the authority of such an entity;
"Private Property" means any property not owned by the Town;
"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 Practice;
"Qualified Person" means an individual with qualifications and/or credentials related to a field
of study and who is therefore appropriate for conducting a study and/or providing an expert
opinion that has been required by the Town. The qualifications and credentials of the Qualified
Person must be to the satisfaction of the Town, or where appropriate, may be defined by
relevant legislation, regulations and standards;
"Replacement Tree(s)" means a tree(s) that is required under this by-law to replace an existing
Tree that is approved for Destruction;
"Replacement Tree Planting Fund" means the fund set aside for the purpose of planting
Trees in locations within the Town other than the Lot where a Tree has been Injured or
Destroyed;
"Town" means The Corporation of the Town of East Gwillimbury, or where the context requires
the geographical jurisdiction of the Town of East Gwillimbury;
"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 physiological maturity;
"Tree Permit" means the formal written approval from the Administrator to Destroy or Injure
Trees, with or without conditions;
"Woodland" means land at least 1 hectare in area and with at least
(a) 1000 trees, of any size, per hectare;
(b) 750 trees measuring over five (5) centimetres DBH per hectare;
(c) 500 trees measuring over twelve (12) centimetres DBH per hectare; or
(d) 250 trees measuring over twenty (20) centimetres DBH per hectare;
but does not include a nursery, a cultivated fruit or nut orchard, or a plantation established
for the purpose of producing Christmas trees or nursery stock;
"Woodlot" means land at least 0.2 hectare in area and no greater than 1 hectare in area, with
at least:
(a) 200 trees of any size, per 0.2 hectare;
(b) 150 trees, measuring over five (5) centimetres DBH, per 0.2 hectare;
(c) 100 trees, measuring over twelve (12) centimetres DBH, per 0.2 hectare; or
(d) 50 trees, measuring over twenty (20) centimetres DBH, per 0.2 hectare; but does not include
a cultivated fruit or nut orchard, or a plantation established and maintained for the purpose
of producing Christmas trees or nursery stock.
SECTION 2.0 -- APPLICATION OF BYLAW
2.1 This by-law shall apply to all Trees equal to or greater than 20cm DBH on Private
Properties within the geographic limits of the Town.
2.2 Despite subsection 2.1, the provisions of this by-law do not apply to any Woodland with
an area of 1.0 ha or greater or to any Woodlot with an area of 0.2 ha up to 1.0 ha within
the Town, in accordance with Regional Municipality of York Forest Conservation Bylaw
2013-68.
SECTION 3.0 -- PROHIBITIONS
3.1 No Person shall Injure or Destroy a Tree or cause the Injury or Destruction of a Tree:
(a) Unless exempted by Section 4 of this by-law, or
(b) Unless in possession of a Tree Permit issued under this By-Law and in accordance with
its terms and conditions
(c) that has been planted as a Replacement Tree(s) as per the conditions of a Tree Permit,
until such time as the Replacement Tree(s) reach a size equal to or greater than 20cm
DBH and a Tree Permit for their Injury or Destruction has been granted.
3.2 No Person shall:
(a) Contravene the terms or conditions of a Tree Permit issued under this by-Law, or
(b) Fail to comply with an Order issued under this by-Law.
SECTION 4.0 -- EXEMPTIONS, NO PERMIT REQUIRED
4.1 Despite Section 2.1 and 2.2 of this by-law, this by-law does not apply to the following:
(a) Removal of up to three (3) live, healthy Trees that do not individually exceed 30cm DBH
in a one-year period;
(b) the Injury or Destruction of a Tree(s) as part of Emergency Work;
(c) the Pruning or Maintenance of any Tree(s) carried out in accordance with Good
Arboricultural Practice;
(d) the Injury or Destruction of, or where specifically noted in the following clauses, the
Maintenance of any Tree that:
I. is a Dead, Dying or Diseased Tree, as defined in this by-law;
II. is a Hazard Tree, as defined in this by-law;
III. is an invasive species as identified in Schedule A of this By-Law.
IV. Tree(s) that are causing, or are likely to cause, structural damage of load-bearing
walls
or other structures as determined by a Qualified Person
V. is a Tree with a diameter of less than 20cm DBH;
VI. is required under an Order under any Property Standards By-law of the Town;
VII. requires the Pruning, Maintenance or removal of branches or limbs, where the
branches or limbs interfere with existing utility conductors, buildings or structures,
provided such activities shall be carried out in accordance with Good Arboricultural
Practice;
VIII. is a Tree in a nursery or cultivated orchard, provided that it is a Tree devoted to the
nursery or orchard business and maintained for sale or propagation of Trees or fruits for
sale;
(e) the Tree is located within a building, a solarium, a rooftop garden or an interior courtyard;
(f) where an Owner is complying with the requirements of an approved Province of Ontario
Forest Management Plan that specifically encompasses the Owner's Lot.
(g) as a result of activities or matters undertaken by a Governmental Body or a school board
for the construction of a school building or part thereof;
(h) activities or matters are undertaken by a license issued under the Crown Forest
Sustainability Act, 1994, S.O. 1994, c. 25, as amended;
(i) the Injury or Destruction of any Tree located within a waste disposal site as defined in
Part V of the Environmental Protection Act, R.S.O. 1990, c. E.19, as amended;
(j) Trees are Injured or Destroyed by a Person licensed under the Surveyors Act, R.S.O.
1990, c. S.29, to engage in the practice of cadastral surveying, or his or her agent while
making a survey;
(k) Trees are Injured or Destroyed by a transmitter or distributor, as those terms are
defined in section 2 of the Electricity Act, 1998, S.O. 1998, C. 15, Sched. A, for the purpose
of constructing or maintaining a transmission system or distribution system, as defined in the
Electricity Act, 1998, as amended;
(l) The Injury or Destruction of a Tree(s) undertaken on land described in a license for a pit
or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate
Resources Act, R.S.O. 1990, c. A.8;
(m) The Injury or Destruction of a Tree(s) undertaken on land in order to lawfully establish
and operate or enlarge any pit or quarry on land that:
I.
that has not been designated under the Aggregate Resources Act, R.S.O. 1990,
c. A.8, 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, R.S.O. 1990, c. P.13;
(n) The Injury or Destruction of a Tree(s) that are protected under the Endangered Species
Act, 2007, S.O. 2007, c. 6, for which the landowner has obtained approval from the Ontario
Ministry of Natural Resources and Forestry to remove the Tree(s);
4.2 Exemptions for Normal Farm Practices
The following exemptions apply for Farm Operator(s) with a Farm Business Registration
Number in relation to the Injury or Destruction of Tree(s) due to Normal Farm Practices:
(a) The Injury or Destruction of a Tree(s) for Normal Farm Practice in an amount not to
exceed 5 trees per 50 acres per year.
(b) Injury or Destruction of Tree(s) for Normal Farm Practice that exceed the provision
in 4.2. (a), must be confirmed by the Town's Designated Official and will require a permit
if located within the Central Growth and Settlement Areas.
(c) Agricultural Operations outside of the Central Growth and Settlement Areas Injuring
or Destroying Tree(s) in accordance with Normal Farm Practices will be exempt from
compensation requirements.
SECTION 5.0 -- ADMINISTRATION
5.1 The Administrator of this by-law is responsible for the administration of this by-law and is
hereby delegated the authority to review applications for Permits, issue Permits, refuse
Permits and include conditions of Permits.
SECTION 6.0 - PERMIT
6.1 Except where otherwise stated in this by-law, an Owner who intends either himself,
herself or through an authorized representative or agent to Injure or Destroy a Tree is
required to apply for a Permit and shall submit:
I.
a completed Permit application to the Designated Official in the form provided by the
Town.
6.2 In circumstances where Agricultural Operations require urgent equipment access to farm
property as part of their Normal Farm Practices, a permit application is required to
be submitted within three business days (Monday to Friday 8:30 am to 4:30 pm) and shall
include photographic documentation of each tree removed; this can be completed in
concert with the Designated Official on-site.
6.3 Permit applications for Hedgerow removals in the Central Growth and Settlement Areas
require an initial visual assessment by the Designated Official. An arborist report and
compensation may still be required.
6.4 PERMIT APPLICATION REQUIREMENTS
(a) a report by a Qualified Person in support of a Permit application may be required by
the Designated Official as a condition of approval, but is not required as part of the initial
Permit application;
(b) where the base of the trunk of a Tree is shared between property lines, a Permit
application shall include the written permission of the adjacent property Owners;
(c) an Owner of lands used for a cemetery, golf course, or similar commercial or institutional
use, may file an application for a Permit for approval of a tree management plan and in
support of a Permit application shall submit a tree management plan, prepared by a
Qualified Person, in accordance with Good Arboricultural Practice, which at a minimum
shall itemize the existing number, species, location and condition of all Trees on the lands
and the proposed management schedule related to Pruning, Maintenance, Destruction
and removal requirements for a period of specified years;
(d) a Permit application may be submitted in person, electronically through the Town's
website or by pre-paid first-class mail to the Administrator.
6.5 ISSUANCE OF A PERMIT
The following provisions apply to the issuance of Permits:
(a) Following receipt of a Permit application, the Administrator, or any Person acting under the
Administrator's instructions, may inspect the lands and Tree(s) to determine whether or not
a Permit should be issued;
(b) When granting a Permit, the Administrator may include terms or conditions, including but
not limited to a qualified Arborist Report, replacement plantings and/or cash in lieu
compensation, grading plans, surveys, etc.
(c) The Administrator may issue a Permit to Injure or Destroy a Tree where the Administrator
is satisfied that:
I. the application satisfies the requirements of this by-law;
II. the application is to permit the establishment or extension of a building or structure
which requires the Tree(s) to be removed for the proposed works authorized under a
municipal building permit and there is no reasonable alternative to the injury or
destruction of the Tree(s);
(d) The Administrator may issue a Permit for a tree management plan sought under clause
6.4(c) where the Administrator is satisfied that:
I. the application satisfies the requirements of this by-law;
II. the proposed schedule for the injury or destruction of Trees as set out in the plan
represents Good Arboricultural Practice;
III. the proposed schedule for the injury or destruction of Trees as set out in the plan does
not contravene the general intent of this by-law.
(e) The Administrator may issue a Permit subject to conditions which may include but are not
limited to any one or more of the following:
I. the requirement for a Replacement Tree(s),
II. satisfactory plans for Tree preservation and planting, and
Ill. Hoarding to be provided around a Tree(s) not subject to Injury or Destruction, and
plans indicating the location and type of Hoarding to the satisfaction of the
Administrator.
(f) Where the planting of a Replacement Tree(s) has been imposed as a condition of a permit,
the Administrator may require any one or more of the following:
I. The Replacement Tree(s) rate is based on the Town's Fees By-Law 2015-078
Schedule L, and the Landscape and Open Space Standards.
II. the Replacement Tree(s) be located on the same Lot in a location, size, and/or species
to the satisfaction of the Administrator,
III. a planting plan be filed to the satisfaction of the Administrator;
lV. a written undertaking by the Owner to carry out the replacement planting;
V. monies or a letter of credit in a form satisfactory to the Administrator be delivered to the
Administrator to cover the costs of the Replacement Tree(s), and the Maintenance of
the Tree(s) for a period of up to two (2) years; or
VI. payment of each Replacement Tree not planted on the Owner's Lot be made into the
Town's Replacement Tree Planting Fund as per the Town's Fees By-Law 2015-078
Schedule L.
(g) Where the planting of a Replacement Tree(s) has been imposed as a condition of a permit,
for the Injury or Destruction of Tree(s) for Normal Farm Practices, the Administrator
will apply a Farm and Forest special Replacement and Compensation rate for Farmer
owned and operated lands within the Central Growth and Settlement Areas. The Farm
and Forest Special Compensation rate is provided in the Landscape and Open Space
Standards and in accordance with the Town's Fees By-law 2015 - 078 Schedule L.
(h) A Permit shall be valid for a maximum of:
I. one (1) year from the date of issuance.
II. the duration of the approved Tree Management Plan, prepared by a Qualified Person
as set out in S.6.4 (c).
6.6 REFUSAL OF A PERMIT
6.6.1 The Administrator may refuse to issue a Permit to remove a Tree where any one or
more of the following applies:
(a) where the application for a Permit is incomplete; or where an Arborist Report is
required or requested by the Administrator or Designated Official in support of the Permit
application and the report has not been provided;
(b) the information received from the Owner is false or incorrect;
(c) where an application for rezoning, a consent, a minor variance, a plan of subdivision or a
site plan to the land on which the Tree is located has been submitted to the Town but has
not received final approval;
(d) where the Tree is an endangered, threatened, or special concern Tree species as
defined in the provincial Endangered Species Act, 2007, S.O. 2007, c. 6, as may be
amended or replaced from time to time;
(e) where the Tree belongs to a Tree species of special concern, as defined in the Species
at Risk Act, 2002, S.C. 2002, c. 29, as may be amended or replaced from time to time;
(f) the Injury or Destruction of a Tree(s) can be avoided, or ought to be avoided, as
confirmed by the Administrator;
(g) where environmentally sensitive areas, ecological systems, natural landforms or
contours will not be adequately protected and preserved;
(h) the Injury or Destruction of a Tree(s) will negatively impact erosion or flood controls; or
6.6.2 If the Administrator refuses to issue a Permit, he or she shall advise the Owner and
provide the Owner with written reasons for the refusal.
6.7 PERMIT REVOCATION
6.7.1 The Administrator may revoke a Permit at any time, for one (1) or more of the following
reasons:
(a) the Permit was issued because of mistaken, false, or incorrect information received
from the Owner;
(b) the Owner has failed to comply with any conditions attached to the Permit;
(c) the Owner has failed to comply with any Order issued under this by-law; or
(d) the Owner has failed to comply with any of the provisions in this by-law.
6.7.2 the Permit holder of a revoked Permit shall immediately cease or ensure the immediate
cessation of all the activities for which a Permit has been issued upon revocation of the
Permit.
6.7.3 where a Permit holder of a revoked Permit has Injured or Destroyed any Tree under the
revoked Permit, the Permit holder may be ordered to replace the Tree at the expense of
the Permit holder.
6.7.4 If the Permit holder fails to comply with an Order made under Section 7.1 the Town may
replace the Tree and use any securities posted by the Permit holder under the revoked
Permit to pay for any costs associated with carrying out the work
6.7.5 If the costs incurred by the Town in carrying out any work under Section 7.0 are greater
than the securities posted by the Permit holder under the revoked Permit, any costs not
covered by the securities shall be a debt owed by the Permit holder to the Town and the
Town may recover the costs of carrying out the work by adding the costs to the tax roll of
the property in question and collecting them in the same manner as property taxes.
6.7.6 A Permit is the property of the Town and is not transferable unless otherwise authorized
by the Administrator.
SECTION 7.0 -- ORDERS
7.1 Where the Designated Official is satisfied that a contravention of this by-law has
occurred, the Designated Official may issue an Order requiring the Person who
contravened the by-law, or who caused or permitted the contravention, or the Owner or
occupier of the land on which the contravention of the by-law occurred, to discontinue the
contravening activity;
(a) The Order shall set out:
I. the name of the Owner, the municipal address and the legal description of the land or
property that is the subject of the contravention;
II. reasonable particulars of the contravention;
Ill. what the Owner or any other Person must do to rectify the contravention;
IV. a statement that if the work is not done in compliance with the Order within a specified
time period, the Town may have the work done at the expense of the Owner or other
Person;
V. the date and time by which the Order must be compliance with;
VI. information regarding the Town's contact Person.
7.2 The Order may require that any Injured or Destroyed Tree be replaced on the property
with a Replacement Tree, and further specify the species and location of any
Replacement Tree.
7.3 Where the Designated Official determines that an Injured or Destroyed Tree cannot be
replaced on the property, the Designated Official may order that the Replacement Tree
be located on Town property in an area to be determined by the Designated Official or
that payment in lieu of the Replacement Tree be provided to the Town's Replacement
Tree Planting Fund.
7.4 An Order issued under Section 7.1 may be served personally by the Designated Official,
may be posted in a conspicuous place on the property where the contravention occurred
or may be sent by registered mail to the Person contravening the by-law.
7.5 Where an Order under this by-law is served personally by the Designated Official, it shall
be deemed to have been served on the date of delivery to the Person or Persons named.
7.6 The posting of the Order on the affected lands shall be deemed to be sufficient service of
the Order on the Person to whom the Order is directed on the date it is posted.
7.7 Where an Order issued under the by-law is sent by registered mail, it shall be sent to the
last known address of:
(a) the Applicant;
(b) the Owner; or
(c) the Person or company retained to undertake the Injury or Destruction and shall be
deemed to have been served on the fifth day after the Order is mailed.
7.8 If a Person fails to comply with an Order issued pursuant to Section 7.1 of this by-law, the
Town may enter the lands at any reasonable time for the purposes of doing the things
described in the Order at the Person's expense.
7.9 If the Town enters on the lands and completes the work, the Town may recover its costs
to complete the work from the Person named in the Order by drawing upon the financial
security, or by action, or by adding the costs to the tax roll and collecting them in the same
manner as property taxes. Costs owing to the Town will accrue at a rate of fifteen (15)
percent annually and may also be registered as a lien against the property subject to the
Tree Permit.
SECTION 8.0 -- PENALTY
8.1 Any Person who contravenes any provision of this by-law or an Order issued pursuant to
Section 7 of this by-law is guilty of an offence.
8.2 All contraventions of any provision of this by-law or an Order issued under Section 7 of
this by-law are designated as multiple offences and continuing offences, pursuant to
subsection 429(2) of the Municipal Act, a multiple offence is an offence in respect of two or
more acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of a by-law and, for greater certainty, when multiple
Trees are Injured or Destroyed the Injury or Destruction of each Tree is a separate
offence
8.3 Any Person who contravenes any provision of this by-law or an Order is guilty of an
offence and is liable:
(a) on a first conviction, to a fine of not less than $250 to no more than $25,000; and
(b) on any subsequent conviction, to a fine of not less than $500.00 to no more than
$50,000.
8.4 Any Person that is a Farm Operator with a Farm Business Registration Number who
contravenes any provision of this by-law or an Order is guilty of an offence and is liable:
(a) on a first conviction, to a fine of not less than $250 to no more than $25,000; and
(b) on any subsequent conviction, to a fine of not less than $500.00 to no more than
$50,000.
8.5 Notwithstanding section 8.3 where the Person convicted is a corporation, it is liable:
(a) on a first conviction, to a fine of not less than $5,000 to not more than $50,000; and
(b) on any subsequent conviction, to a fine of not less than $10,000 to not more than
$100,000.
8.6 A special fine may be imposed, in addition to a fine under section 8.3 to 8.4, in
circumstances where there is an economic advantage or gain from the contravention of
this by-law or an Order under Section 7 of this by-law, and the maximum amount of the
special fine may not exceed $100,000.
8.7 If a Person is convicted of an offence for contravening the provisions of this by-law, or an
Order under Section 7 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:
(a) Planting Tree(s) in such manner and within such time period as the Court considers
appropriate, such as replacement of a comparable species and/or payment of the Tree(s)
amenity value as determined by the Designated Official.
SECTION 9 -- APPEALS
9.1 Appeals to permit decisions and/or conditions of a permit will be provided for through the
Town's administrative process.
9.2 In exceptional circumstances where there is a disagreement between the landowner and the
Town, as to what constitutes a Normal Farm Practice, either party may initiate a review by
the Normal Farm Practices Protection Board (NFPPB) for mediation on the matter. The
decision of the NFPPB is final and binding.
SECTION 10 -- ACCESS TO PRIVATE PROPERTY
10.1 The Designated Official shall only enter private property with the property owner or their
designate present and/or their permission to enter the property.
SECTION 11 -- SEVERABILITY
11.1 If a court or tribunal of competent jurisdiction declares any provision, provisions, or part of
a provision of this by-law to be illegal or unenforceable for any reason, such provision,
provisions or part of a provision shall be severed, and all other provisions of this by-law
shall be deemed to be separate and independent therefrom and shall be valid and
enforceable to the fullest extent permitted by law.
SECTION 12 -- IN FORCE
12.1 This by-law shall come into force and take effect on the date it is passed.
Enacted and passed this 19th day of November, 2024.
Virginia Hackson, Mayor
Tara Lajevardi, Municipal Clerk
Schedule A - Invasive Species
Invasive Species as per the Ontario Invasive Plant Council:
www.ontarioinvasiveplants.ca
- Autumn Olive
- Black Locust
- Buckthorn
- European Black Alder
- Invasive Honeysuckles
- Manitoba Maple
- Norway Maple
- Scots Pine
- White Mulberry