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By-law Number (2025) - 21059
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The Corporation of the City of Guelph
By-law Number (2025) - 21059
A by-law to prohibit or regulate the
injuring or destruction of trees on private
property within the City of Guelph and to
repeal By-law Number (2010)-19058.
Whereas sections 9 and 10 of the Municipal Act, 2001, S.0. 2001, c. 25, as
amended or replaced from time to time (the "Municipal Act"), provide that a
municipality has broad authority, including the authority to pass by-laws
respecting the economic, social and environmental well-being of the municipality;
And whereas section 135 of the Municipal Act provides that a local municipality
may prohibit or regulate the injuring or destruction of regulated trees, including
regulated trees within woodlands;
And whereas Part XIV (Enforcement) of the Municipal Act provides methods for a
municipality to enforce its by-laws;
And whereas trees within the City are valued for the economic, social and
environmental benefits and services they provide such as increased aesthetic and
property values, shade, contributions to physical and psychological well-being,
maintenance and enhancement of water quality, prevention of soil erosion and
water run-off, wildlife habitat, local climate moderation and improved air quality;
And whereas Council wishes to protect and enhance tree canopy cover in the City
and has endorsed a Climate Adaptation Plan which includes the objective of
protecting the urban forest and natural assets;
And whereas Council has determined that a by-law to prohibit or regulate the
injury and destruction of trees on private property within the City of Guelph
should be enacted;
The Council of the Corporation of the City of Guelph enacts as
follows:
Part 1 - Intent
1.1
The intention of the Private Tree Protection By-law shall be to:
a) Prevent the unnecessary loss of Trees on Private Lots;
b) Support the health and growth of the City's tree canopy cover by
requiring tree protection measures in accordance with the City's Tree
Technical Manual; and
c) Sustain and enhance the City's tree canopy cover by requiring
Replacement Trees and/or Replacement Tree Fees for Regulated Trees
permitted to be removed in accordance with this By-law.
Part 2 - Definitions
2.1
For the purposes of this By-law, the following terms shall have the
corresponding meanings:
"Administrator" means the Deputy Chief Administrative Officer (DCAO) of
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Public Services for the City;
"Applicant" means an Owner of a Tree or an Owner's authorized representative
who, pursuant to this By-law, applies for a Tree Permit;
"Application" means an application pursuant to this By-law for a Tree Permit;
"Application Fee" means the fee prescribed in the City's User Fees By-law,
required in connection with the submission of an Application;
"Arborist" means a professional who has gained recognized certifications,
qualifications and expertise in the care and management of trees. Recognized
certifications and qualifications for an Arborist include:
a) a Certified Arborist as certified by the International Society of Arboriculture
(ISA); or
b) a Registered Consulting Arborist as registered with the American Society of
Consulting Arborists (ASCA);
"Arborist Report" means a written letter or report prepared by an Arborist or
Forester that includes but is not limited to the species, health/condition of the
Regulated Tree and typically includes site information, description of the
proposed activities, a description of the Regulated Tree, tree care and protection
strategies and calculation of Replacement Trees and/or Replacement Tree Fees;
"Boundary Tree" has the meaning ascribed to that term by the Forestry Act, R.
S. O. 1990 (the "Forestry Act"), as amended;
"City" means both the geographical boundaries of the Corporation of the City of
Guelph and the Corporation of the City of Guelph and any of its designated
representatives;
"Committee" means the City's Committee of the Whole, or such successor
committee as Council may from time to time designate;
"Council" means the municipal council of The Corporation of the City of Guelph;
"Dead" means a Tree that has no living tissue;
"Destroy" or "Destruction" means directly or indirectly, including through
construction activities, neglect, remove, ruin, uproot, or kill a tree, whether by
accident or by design, and whether by cutting, burning, girdling, interfering with
its water supply, applying chemicals, puncturing, or compacting, regrading or
resurfacing within its Dripline, but shall not include Pruning;
"Diameter at Breast Height (DBH)" means the measurement, in centimetres,
of the diameter of the Trunk of a Tree from the outside bark at a height of 1.4
meters above the existing ground adjoining its base along the centre axis and,
where the Tree has multiple stems at a height of 1.4 meters above the existing
ground adjoining its base along the centre axis, the sum of all stems that are at
least the regulated size;
"Dripline" means the imagined line from the outer edge of a Tree's foliage
extending perpendicularly down to the ground;
"Dying" means a Tree that is in terminal decline resulting from pests, diseases,
Injury, age, catastrophic events or a combination of any of the aforementioned;
"Emergency Work" means work necessary to terminate an immediate danger
to life or property as determined by the Administrator or their delegate and
includes but is not limited to:
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a) work associated with water main repairs, utility repairs and structural
repairs to a building where the work is necessary to terminate an
immediate danger to life or property;
b) the Injuring or Destruction of Trees where the likelihood of tree failure is
imminent and a Tree or part of a Tree poses an extreme risk in which there
is a high likelihood of severe consequences, such as serious injury to
persons or property; and
c) the Injuring or Destruction of Trees presenting an extreme (imminent) risk
resulting from sudden natural events (including lightning, wind, hail or
extreme snow event) or unforeseen causes (including automobile
accident);
"Entry By-law" means the City's Power of Entry By-law, being By-law Number
(2009)-18776, as amended or replaced from time to time;
"Fee" or "Fees" means the fees prescribed in the City's User Fees By-law;
"Forester" means a Registered Professional Forester (RPF) in good standing with
the Ontario Professional Forester's Association (OPFA);
"Good Arboricultural Practices" means the proper implementation of
maintenance, renewal and removal activities known to be appropriate for
individual trees in accordance with American National Standards Institute A300
Tree Care Standards and related best management practices as outlined by the
ISA;
"Good Forestry Practices" has the meaning ascribed to that term by the
Forestry Act, as amended;
"High Risk" as it relates to a Tree, means there is a high probability of tree
failure with potentially significant or severe consequences of a combined tree
failure and target impact as assessed by an Arborist;
"Hoarding" means a fence or similar structure used to enclose land, trees and
other vegetation in order to protect trees, other vegetation, or the ground (soil);
"Injure" or "Injury" or "Injured" or "Injuring" means cause, directly or
indirectly, whether by accident or by design, lasting damage or harm to a Tree,
which has or is likely to have the effect of inhibiting or terminating its growth,
whether by:
a) cutting, burning, girdling, interfering with its water supply, applying
chemicals, puncturing or compacting, regrading or resurfacing within its
Dripline; or
b) construction works, including grading or storing any materials within the
Dripline of a Tree or a Tree Protection Zone and is considered to have the
potential to negatively affect the health of the Tree; but shall not include
Pruning in accordance with Good Arboricultural Practices;
"Inspector" means any person designated by the Administrator to administer
and enforce this By-law;
"Lot" means a parcel of land which:
a) is the whole of a lot or block on a registered plan of subdivision so long as
such registered plan of subdivision is not deemed, pursuant to section 50
of the Planning Act, R.S.O. 1990, c. P.13, (the "Planning Act") as amended
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or replaced from time to time, not to be a registered plan of subdivision for
subdivision control purposes;
b) is all land held or owned under distinct and separate ownership from the
ownership of the fee or equity of redemption in abutting land;
c) has the same description as in a deed which has been given consent
pursuant to section 53 of the said Planning Act; or
d) is the whole remnant remaining to an owner or owners after conveyance
made with consent pursuant to section 53 of the said Planning Act;
"Officer" means a person appointed as a Municipal Law Enforcement Officer to
enforce the provisions of by-laws in the City, including this By-law;
"Owner" means the person having any right, title, interest or equity in the
Regulated Tree and/or Private Lot for which a Tree Permit is being sought;
"Private Lot" means a Lot owned by anyone other than the City or another
governmental agency at the municipal, provincial or federal level;
"Property Standards By-law" means the City's Property Standards By-law,
being By-law Number (2000)-16454, as amended or replaced from time to time;
"Pruning" means the trimming or removal of branches, limbs or roots in
accordance with Good Arboricultural Practices, including for the purpose of
maintaining structural stability and balance and encouraging natural form, but
limited to the appropriate removal of no more than one-third of the live branches
that make up the leaf-bearing crown of the Tree within a three-year pruning
cycle, or as appropriate for the specific Tree species, in order to maintain the
health of the Tree;
"Regulated Tree" means:
a) a Tree of at least 10 cm DBH located on any Private Lot larger than 0.2
hectares (0.5 acres); and
b) a Tree of at least 30 cm DBH located on any Private Lot;
"Replacement Tree" means one or more Trees of a specified species and size
that is planted as a condition of a Tree Permit issued under this By-law and may
include other types of vegetation such as shrubs in accordance with the Tree
Technical Manual;
"Replacement Tree Fee" means the fee charged by the City, calculated in
accordance with the Tree Technical Manual, for payment as cash-in-lieu of
planting a Replacement Tree(s) under this By-law, as may be prescribed from
time to time in the City's User Fees By-law, which fee shall be deposited by the
Administrator into the Replacement Tree Planting Fund;
"Replacement Tree Security" means the fee charged by the City to the
Applicant, to be held as a security deposit, pending compliance with Tree
Replacement required under this By-law, as may be prescribed from time to time
in the City's User Fees By-law;
"Replacement Tree Planting Fund" means the fund established by the City for
the purpose of planting and maintaining Trees by City staff, or their designates,
in locations within the City other than the Lot where a Regulated Tree has been
Injured or Destroyed;
"Tree" means a woody, perennial plant, whether alive or Dead, healthy or
By-law Number (2025) - 21059
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unhealthy, including saplings or seedlings and including the root system, which
has reached, could reach or could have reached a height of at least 4.5 metres
from the ground at physiological maturity;
"Tree Permit" means a permit to Injure or Destroy a Tree, issued pursuant to
this Bylaw;
"Tree Inventory and Preservation Plan (TIPP)" means a report written and
signed by an Arborist or Forester that is accompanied by a plan that may be
completed by a Landscape Architect but must be overseen by an Arborist or
Forester. The TIPP must follow the guidance in the Tree Technical Manual;
"Tree Management Plan" means a written plan that sets out the scope,
rationale and management objectives for one or more Regulated Trees for a
period of one or more years, and must be prepared by an Arborist or Forester,
sometimes with the support of an interdisciplinary team;
"Tree Protection Zone" means the setback from a Tree (including above and
below ground level) required to protect the biological health and maintain the
structural integrity of a Tree with specific setback distances as prescribed by the
City's Tree Technical Manual;
"Tree Technical Manual" means the most current version of the City's Council-
approved Tree Technical Manual, as amended or replaced from time to time;
"Trunk" means the part of a Tree from its point of growth away from its roots up
to where it branches out to limbs and foliage;
"Vegetation Compensation Plan" means a plan completed by an Arborist,
Forester, Ecologist, Landscape Architect or another person with comparable
qualifications and in most cases will be overseen by an Arborist. This plan must
clearly identify how the calculation for the appropriate Replacement Trees and/or
Replacement Tree Fee, as applicable, have been calculated in accordance with
the Tree Technical Manual;
"Woodland" as defined by the City's Official Plan, as amended from time to
time;
"User Fees By-law" means City's User Fees By-law (2025)-21052, as amended
or replaced from time to time.
2.2
In this By-law, words importing the singular number include the plural and
vice versa, unless the context requires otherwise.
Part 3 - Scope of the By-law
3.1
This By-law applies to all activities in the City that could result in the Injury
or Destruction of one or more Regulated Trees.
3.2
Nothing in this By-law shall exempt any person from complying with any
other By-law or requirement of the City, or from obtaining any certificate,
license, permission, permit, authority or approval required by the City
including in any other City By-law.
3.3
Nothing in this By-law, or a Tree Permit issued pursuant to this By-law, is
to be construed as permitting anything which is prohibited under federal or
provincial legislation, including but not limited to matters regulated by the
Forestry Act (Ontario). Where there is a conflict in this respect between
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federal or provincial legislation and this By-law, the federal or provincial
legislation prevails.
3.4
Except as provided in this By-law, no person shall, without obtaining a
Tree Permit under this By-law, Injure or Destroy, or cause or permit the
Injuring or Destruction of any Regulated Tree.
3.5
If there is doubt as to whether a specific Tree is a Regulated Tree, the
Owner of the Tree may request a determination from an Inspector. The
Inspector may provide a written determination as to whether, on the date
of the determination, the Tree is a Regulated Tree or not.
3.6
In a case where a Regulated Tree has been Injured or Destroyed and part,
or all, of the remaining stump is too short for the DBH to be measured, the
diameter shall be measured at the height of the remaining Trunk.
Part 4 - Authority and Administration
4.1
Council delegates to the:
a) Administrator and their delegates the authority to carry out their
activities as set out in this By-law; and
b) Committee the authority to carry out its activities as set out in this By-
law.
4.2
The Administrator shall have authority over the administration and
enforcement of this By-law and shall delegate day-to-day administration
and enforcement of this By-law to Inspectors.
4.3
The Administrator is authorized to:
a) confirm the form of any notices, applications, Permits, policies,
guidelines, and documents required or permitted pursuant to this By-
law, and to amend or revise such notices, applications, Permits,
policies, guidelines or documents, from time to time;
b) impose, amend or revise the City standards and specifications relating
to this By-law; and
c) conduct reviews under Part 6 of this By-law and, when conducting a
review under Part 6, provide relief from Tree Permit application
requirements under Parts 7 and 9 of this By-law where the Applicant
has demonstrated substantial compliance and the intent of this By-law
has been met.
4.4
Inspectors and Officers are authorized, under this By-law, to:
a) issue a Tree Permit or refuse to issue a Tree Permit;
b) cancel, revoke or suspend a Tree Permit;
c) impose terms and conditions on a Tree Permit, including special
conditions;
d) extend, transfer or assign Tree Permits;
e) carry out inspections;
f) issue notices and orders;
g) impose other requirements as authorized; and
h) give immediate effect to any orders or other requirements.
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Part 5 - Exemptions
Statutory Exemptions
5.1
In accordance with the exemptions prescribed in subsection 135(12) of the
Municipal Act, this By-law does not purport to regulate;
a) activities or matters undertaken by a municipality or a local board of a
municipality;
b) activities or matters undertaken under a license issued under the Crown
Forest Sustainability Act, 1994;
c) the Injuring or Destruction of Trees by a person licensed under the
Surveyors Act to engage in the practice of cadastral surveying or his or
her agent, while making a survey;
d) the Injuring or Destruction of Trees imposed after December 31, 2002,
as a condition to:
(i) 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; or
(ii) 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;
e) 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;
f) the Injuring or Destruction of Trees undertaken on land:
(i) 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; or
(ii) to lawfully establish and operate or enlarge any pit or quarry on
land that has not been designated under the Aggregate Resources
Act or a predecessor of that Act, and on which a pit or quarry is a
permitted land use under a by-law passed under section 34 of the
Planning Act.
Tree Permit Exemptions
5.2
Under this By-law, the Injury or Destruction of a Regulated Tree is exempt
from the requirement for a Tree Permit if the Regulated Tree is:
a) Dead;
b) High Risk, as certified by an Arborist or a Forester;
c) Injured or Destroyed at the direction of Emergency Services or as part
of Emergency Work;
d) under order of removal by the City's Property Standards or Zoning By-
law;
e) a Tree located on a rooftop or elevated podium, or in a solarium;
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f) a specimen of Rhamnus cathartica (Common buckthorn), Rhamnus
frangula (European or Glossy buckthorn), Alnus glutinosa (Black alder),
Elaeagnus umbellata (Autumn olive) or Morus alba (White mulberry);
g) a Regulated Tree on lands owned and managed by the Arboretum at
the University of Guelph, provided that the Injuring or Destruction is for
scientific purposes, and in accordance with an approved Master Plan or
Tree Management Plan;
h) a Tree on lands operated for a railway; or
i) a Tree on Lots owned by, or under the care or control of, the Grand
River Conservation Authority, except for trees proposed for removal
under a Planning Act application.
Part 6 - Requirements for Notification and Tree Permit Application
Tree Permit Application Requirements
6.1
An Owner seeking to Injure or Destroy a Regulated Tree, or undertake an
activity which might Injure or Destroy a Regulated Tree, where the
exemptions set out in Part 5 of this By-law are not applicable, shall submit
the following:
a) a completed Application form; and
b) a non-refundable Tree Permit Application Fee.
6.2
The City may also require one or more of the following to support an
Application:
a) a drawing or sketch showing the showing the location of the Regulated
Tree to be Injured, Destroyed and/or retained on the Owner's Lot,
including the species, DBH, and Dripline;
b) information on a Regulated Tree with a Dripline within six (6) metres of
the Owner's Lot, including the approximate DBH if known;
c) photos of the Regulated Tree to be Injured, Destroyed, and/or retained
on the Owner's Lot;
d) the reason for the proposed Tree Injury or Destruction;
e) method of Tree Injury or Destruction;
f) alternatives, or why there are no alternatives, to the proposed Tree
Injury and/or Destruction;
g) an Arborist Report, TIPP, Vegetation Compensation Plan and/or Tree
Management Plan; and
h) any other information deemed necessary by the Inspector.
6.3
In the event that the Inspector requests additional information in support
of the Application, the Applicant must provide the information within ninety
(90) days of the request. Failing to do so shall result in the Application
becoming void.
6.4
It is an offence under this By-law to furnish false or misleading information
on or in support of an Application. A Tree Permit obtained through false or
misleading information is void ab initio.
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6.5
Submission of an Application shall constitute the granting of permission for
the City to enter the Applicant's Lot for the purposes of this By-law.
Part 7 - Issuance of Tree Permits
Tree Permit Issuance Considerations
7.1
In deciding whether to issue a Tree Permit, an Inspector shall consider the
following:
a) the species, condition and location of the Regulated Tree;
b) the reason(s) for the proposed Injury or Destruction of the Regulated
Tree;
c) alternatives to the Injury or Destruction of the Regulated Tree;
d) the protection and preservation of ecological systems and their
functions, including the protection and preservation of native flora and
fauna;
e) the proposed Tree protection measures, including Pruning, Hoarding
and/or Tree Protection Zones;
f) the proposed Replacement Tree(s) and/or Replacement Tree Fee;
g) erosion, flood control and sedimentation of watercourses;
h) the submission of additional information as the Inspector may consider
necessary for the proper review of the Application; and
i) any other legislation, City by-laws or City policies that may apply or
approvals that may be required.
Form of Tree Permit
7.2
Each Tree Permit issued under this By-law shall be in the form and manner
as provided by the Administrator and shall include the following
information:
a) the Tree Permit number;
b) the name of the Tree Permit holder;
c) the date the Tree Permit was issued and the date it expires;
d) the address of the Lot on which the Regulated Tree to be Injured or
Destroyed is located;
e) the number of Regulated Trees that are permitted to be Injured or
Destroyed;
f) the required Replacement Trees and/or Replacement Tree Fee; and
g) the reason for the approved Tree Injury or Destruction.
Tree Permit Conditions
7.3
The Inspector may impose conditions as a requirement for obtaining a Tree
Permit, including but not limited to one or more of the following:
a) the Tree Injury or Destruction is carried out in accordance with Good
Forestry Practices or Good Arboricultural Practices, by or under the
supervision of an Arborist and/or Forester;
b) the Tree Injury or Destruction occurs within a specified timing window;
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c) documentation from a qualified professional to support the reason for
Tree Injury or Destruction;
d) that Replacement Trees and/or a Replacement Tree Fee provided in
accordance with the Tree Technical Manual, or in accordance with
alternative terms approved by the Administrator or their delegate;
e) that the Replacement Tree Fee is based on the per tree fee established
in the City's User Fees By-law;
f) that a Replacement Tree Security be provided;
g) that Pruning, Hoarding and/or Tree Protection Zones be implemented
for retained any Trees to be retained be protected in accordance with
the Tree Technical Manual or approved plans; and
h) that specified measures be implemented to mitigate the direct and
indirect effects of the Injury or Destruction on other nearby Trees, land,
water bodies and/or natural areas.
Refusal of Tree Permits
7.4
The Inspector, at their discretion, may refuse to issue, may revoke,
suspend, or impose a term or condition on a Tree Permit on any one or
more of the following grounds but not limited to:
a) the proposed Tree Injury or Destruction may contravene other
applicable legislation, City policy, by-laws or approvals that may be
required;
b) the Applicant or Tree Permit Holder has not met one or more of the
requirements of this By-law or a requirement for a Tree Permit;
c) the Owner is undertaking activities that are in contravention of this By-
law;
d) there are reasonable grounds to believe that an Application or other
information provided by or on behalf of the Owner is false or
misleading;
e) there is an unresolved legal proceeding related to a Regulated Tree on
the Lot subject to an Application; or
f) the Applicant has failed to comply with or facilitate requests for further
information or access to their Lot by the Inspector following the
submission of the Application within the established time period (see
Section 6.3).
Part 8 - Written Notice of Decision
8.1
The City shall give written notice of the decision regarding the Tree Permit
to the Applicant or Tree Permit Holder by electronic mail or regular mail to
the last known address of that person and shall be deemed to have been
given on the third (3rd) day after it is mailed; written notice to a
corporation may be given by registered mail to the address of the
corporation's registered head office, or by electronic mail if requested by
the corporation.
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8.2
The written notice shall include the grounds for the decision, reasonable
particulars of the grounds, and be signed by the Administrator or their
delegate.
8.3
Where an application for a Tree Permit is voluntarily surrendered by the
Applicant or a Tree Permit is voluntarily surrendered by the Tree Permit
Holder, no notice shall be given of the resulting revocation.
Part 9 - Tree Permit Terms and Requirements
9.1
Following issuance of a Tree Permit, the Applicant shall immediately post a
copy of it:
a) in a conspicuous place on the Lot where the Regulated Tree is located
so that it is visible and legible to passers-by;
b) at least five (5) days prior to the Tree Injuring or Destruction; and
c) until the Tree Injuring, Destruction, or other related activities are
complete.
9.2
A Tree Permit is and remains the property of the City and may not be
transferred except with the approval of an Inspector.
9.3
An Inspector shall revoke a Tree Permit if it was issued based on false or
misleading information or if the Applicant fails to comply with any condition
attached to the Tree Permit or any provision of this By-law.
9.4
A Tree Permit shall expire ninety (90) days after its issuance unless
otherwise specified.
9.5
A one-time Tree Permit extension may be granted for up to an additional
ninety (90) days, unless otherwise specified, if the Applicant applies at
least thirty (30) days before the expiry date and the Inspector deems the
request to be appropriate and reasonable.
9.6
A Tree Permit holder cannot apply for more than one Tree Permit extension
and shall make a new Application for any continuation or resumption of
activities under an expired Tree Permit.
Part 10 - Right of Appeal
10.1 If an Inspector refuses to issue a Tree Permit, or if an Applicant objects to
a condition attached to a Tree Permit, the Applicant may appeal to the
Committee.
10.2 Such appeal shall be made by written notice received by the City within
seven (7) days after the date of the refusal or the issuance of the
conditional Tree Permit, as the case may be.
10.3 Upon considering the appeal, the Committee may recommend that the
Administrator or their delegate refuse the Tree Permit, issue the Tree
Permit or issue the Tree Permit upon such conditions as the Committee
considers appropriate.
10.4 Council shall consider the Committee's recommendation and make the final
decision on the appeal.
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Page 12 of 15
Part 11 - Entry and Inspection
11.1 The Entry By-law shall apply to activities under this By-law and for
purposes of the Entry By-law, each Inspector shall be considered an
"Officer" and a Tree Permit shall be interpreted as a "license".
11.2 The City may enter upon a Private Lot at any reasonable time in the
discharge of its powers and duties under this By-law.
Part 12 - Orders and Remedial Actions
12.1 If an Inspector confirms, after making an inspection, that there has been a
contravention of this By-law (including, but not limited to, the breach of an
order or a condition of a Tree Permit made pursuant to this By-law) then
he or she may make an order requiring the person who contravened it
(including the Owner, an Applicant or, if applicable, a contractor of the
Owner or Applicant) to discontinue the activity and/or to do work to correct
the contravention at the Owner's expense.
12.2 If a person is required, under an order pursuant to this By-law, to do a
matter or thing, and has failed to discharge those obligations, the matter
or thing may be done by the City, under the direction of an Inspector or an
Officer at the responsible person's expense.
12.3 The City may recover the costs of doing a matter or thing under section
12.2 from the person required to do it by adding the costs to the tax roll
for the subject Lot and collecting them in the same manner as property
taxes.
12.4 The expenses incurred by the City in connection with section 12.3,
together with interest if applicable, shall constitute a lien on the subject
Lot and may be registered against the Lot in the applicable land registry
office.
12.5 The lien mentioned in section 12.4 shall be in respect of all costs that are
payable at the time the notice is registered plus interest, which shall be
calculated in accordance with City practice at 1.5 per cent per month (18
per cent per annum) and will be added to the outstanding amount on the
first day of each month, accrued to the date payment is made.
12.6 An order under this By-law may be served:
a) personally, in which case it shall be deemed to have been served on the
date of that personal service;
b) by email, in which case it shall be deemed to have been served on the
date of that email; or
c) by prepaid ordinary mail to the last known address of the person being
served, in which case it shall be deemed to have been served on the
fifth day after the date it was mailed.
12.7 An order shall be served upon the Owner and upon, if known, any other
person or persons responsible for the Injury or Destruction of Regulated
Trees.
Part 13 - Enforcement
13.1 The following rules applies to the identification of guilty parties:
By-law Number (2025) - 21059
Page 13 of 15
a) any person who directly or indirectly contravenes or who causes or
permits a contravention of any provision of this By-law, an order issued
under this Bylaw or a condition of a Tree Permit, is guilty of an
offence;
b) any director or officer of a corporation who concurs in the contravention
of this By-law by the corporation is guilty of an offence; and
c) if a contravention of any provision of this By-law, an order issued under
this By-law or a condition of a Tree Permit occurs, the contravention
may be presumed to have been committed by the Owner of the Lot on
which the contravention occurred.
13.2 Without limiting Section 13.3(d) or 13.3 (e), the following applies to
multiple offenses:
a) All contraventions of any provision of this By-law, any order issued
under this By-law or any condition of a Tree Permit are designated as
multiple offences and continuing offences, pursuant to subsection
429(2) and (5) of the Municipal Act;
b) 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 this By-law and, for greater
certainty, when multiple Regulated Trees are Injured or Destroyed, the
Injury or Destruction of each Tree is a separate offence; and
c) If an order or Tree Permit issued under this By-law has not been
complied with, the contravention of the order or Tree Permit shall be
deemed to be a continuing offence for each day, or part of a day, that
the order or Tree Permit is not complied with.
13.3 The following rules apply to the system of fines:
a) A person convicted of an offence under this By-law is liable to a fine of
not less than $500.
b) A person convicted of an offence under this By-law is liable:
(i) on a first conviction, to a fine of not more than $10,000 or $1,000
per tree to a maximum of $100,000, whichever is greater; and
(ii) on any subsequent conviction, to a fine of not more than $25,000
or $2,500 per tree to a maximum of $100,000, whichever is
greater.
c) Where the person convicted of an offence under this By-law is a
corporation:
(i) the maximum fine in clause 13.3(b)(i) is $50,000 or $5,000 per
tree to a maximum of $100,000, whichever is greater; and
(ii) the maximum fine in clause 13.3(b)(ii) is $100,000 or $10,000 per
tree to a maximum of $100,000, whichever is greater.
d) In the case of a continuing offence for each day, or part of a day, that
the offence continues, the minimum fine shall be $500 and the
maximum fine shall be $10,000 and the total of all daily fines for the
offence is not limited to $100,000.
By-law Number (2025) - 21059
Page 14 of 15
e) In the case of a multiple offence, for each offence included in the
multiple offences, the minimum fine shall be $500 and the maximum
fine shall be $10,000 and the total of all fines for each included offence
is not limited to $100,000.
f) On conviction of an offence under this By-law, a person is liable to a
special fine in accordance with paragraph 429(2)(d) of the Municipal
Act. The amount of the special fine shall be the minimum fine as
provided for in subsection 13.3(a), to which may be added the amount
of economic advantage or gain that the person has obtained or can
obtain from the contravention of any provision of this By-law, any order
issued under this By-law or any condition of a Tree Permit. Pursuant to
paragraph 429(3)1 of the Municipal Act a special fine may exceed
$100,000.
13.4 Upon conviction for an offence under this By-law, in addition to any other
remedy and to any penalty imposed by this By-law, the court in which the
conviction has been entered and any court of competent jurisdiction
thereafter may make an order:
a) prohibiting the continuation or repetition of the offence by the person
convicted; and
b) requiring the person convicted to correct the contravention in the
manner and within the period that the court considers appropriate,
which correction may include:
(i) the planting or replanting and maintenance of any Regulated Tree
Injured or Destroyed;
(ii) the planting of any Replacement Tree(s) in a specified location and
within a specified period of time;
(iii) the application of any specified measures to remediate the direct
and indirect effects of the unauthorized Injury or Destruction
including Replacement Tree(s); and/or
(iv) in lieu of, or if appropriate, in addition to planting or replanting,
payment to the City in accordance with this By-law.
Part 14 - General
14.1 In the event of conflict between the provisions of this By-law and any other
City by-law, the provisions which are more protective of Trees shall apply.
14.2 If a court of competent jurisdiction declares any provision(s) or part(s)of
any provision or provisions of this By-law to be invalid, illegal,
unenforceable or of no force and effect, it is the intention of Council in
enacting this By-law that the remainder of the By-law shall continue in
force and be applied and enforced in accordance with its terms to the
fullest extent possible according to law.
14.3 The short title of this By-law is the "Private Tree Protection By-law".
14.4 By-law Number (2010)-19058 is hereby repealed.
14.5 This By-law shall come into force and take effect on the date this By-law is
passed.
By-law Number (2025) - 21059
Page 15 of 15
Passed this twenty-third day of April, 2025.
Cam Guthrie, Mayor
Dylan McMahon, Acting City Clerk
This by-law was approved by Guelph City Council on April 23, 2025.
Written approval of the by-law was given by Mayoral Decision 2025-A57
dated April 24, 2025.