City of Ottawa Tree Protection By-law 2020-340, consolidated
Ottawa, Ontario
· No. 2020-340
· adopted 2020-11-25
· summary & facts
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Snapshot 3282fe412c63 · verified 2026-10-25 ·
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archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
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Tree Protection (By-law No. 2020-340)
Disclaimer
By-laws contained in this section have been prepared for research and reference purposes only. Original by-laws are
available for consultation at the City of Ottawa Archives and the Ottawa Public Library Main branch. For legal purposes,
certified copies of by-laws may be obtained from the City of Ottawa Archives.
City Archives
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Ottawa, Ontario
Telephone: 613-580-2857
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Ottawa Public Library
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Tree Protection
A by-law of the City of Ottawa respecting the protection of municipal trees and municipal natural areas in the City of
Ottawa and trees on private property in the urban area of the City of Ottawa, and to repeal By-laws 2009-200 and 2006-
279.
WHEREAS the Council of the City of Ottawa has approved a strategic Urban Forest Management Plan with a goal to
maintain and grow Ottawa's urban forest;
AND WHEREAS the protection of trees is key to realizing the objectives and principles of Ottawa's Urban Forest
Management Plan and Ottawa's tree canopy cover goals and tree policies outlined in the City's Official Plan;
AND WHEREAS 135 of the Municipal Act provides that a municipality may prohibit or regulate the destruction or injury of
trees;
THEREFORE, the Council of the City of Ottawa enacts as follows:
Part I - General
Section 1 - Definitions, interpretation and general
In this by-law:
"adjacent tree" means a tree, of which the trunk is growing on a property sharing a boundary with the subject site;
"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 City for a tree permit or a distinctive tree permit, as
applicable;
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"arborist" means an expert in the care and maintenance of trees and includes an arborist qualified by the Ontario Ministry
of Training, Colleges and Universities, a certified arborist with the International Society of Arboriculture, a consulting
arborist registered with the American Society of Consulting Arborists, a Registered Professional Forester or a person with
other similar qualifications as approved by the General Manager;
"boundary tree" means a tree, of which any part of the trunk is growing across one or more property lines;
"building permit" means a building permit issued pursuant to the Building Code Act, 1992, S.O. 1992, c. 23, as amended;
"caliper" means the above ground diameter or a distinct part of a nursery stock stem;
"camp" means to stay overnight and erect a structure, hut or tent for the purpose of providing shelter;
"cash value" means the monetary value of a replacement tree as determined by the General Manager;
"City" means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context
requires;
"compensation value" means the monetary value, plus all applicable taxes, of the tree determined to be injured or
destroyed or to be replaced, and to be calculated by the City in accordance with the Council of Tree and Landscape
Appraisers (CTLA) Plant Appraisal Guide, or at a value determined by the General Manager and in effect at the time the
injury took place, based on the tree as it existed prior to being injured or destroyed, further to Schedule "B";
"condominium" means a corporation created upon registration of a declaration and description under the provisions of the
Condominium Act, 1998, S.O. 1998, c. 19; (2011-418)
"Consent to Enter Permit" means written approval through which the General Manager gives permission for use of a
municipal natural area;
"critical root zone" means the area of land within a radius of ten (10) cm from the trunk of a tree for every one (1) cm of
trunk diameter;
"DBH" or "diameter at breast height" means the measurement of a trunk of a tree at a height of one hundred and
thirty (130) cm from the ground;
"destroy" means to remove, cut down or in any other way damage a tree to such an extent that the tree cannot recover
and it is deemed necessary to remove or cut down the tree, and "destruction" has a corresponding meaning;
"distinctive tree" means any tree located on private property with a DBH of 30 cm or greater within the urban area;
"distinctive tree permit" means a permit issued by the General Manager authorizing the injury or destruction of a
distinctive tree in accordance with this by-law;
"farming business" means a farming business within the meaning of the federal Income Tax Act, RSC 1985, c. 1 (5th
Supp);
"forest access road" means a permanent road that provides access for service, emergency, and other vehicles through
municipal conservation forests;
"General Manager" means the General Manager of the Public Works Department or the General Manager of the Strategic
Initiatives Department of the City of Ottawa, or their designate, except as otherwise specified in this by-law;
"good arboricultural practice" means the proper planting and care of trees in accordance with the standards set by the
International Society of Arboriculture;
"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 aesthetics and recreational opportunities of the landscape;
"highway" means a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct, or
trestle, any part of which is intended for, or used by, the general public for the passage of vehicles and includes the area
between the lateral property lines thereof;
"infill development" means low rise residential development that is not subject to site plan control, plan of subdivision, or
plan of condominium;
"injure" means to do any act that will harm a tree's health in any manner, including failure to protect in accordance with
standards set by the General Manager, and "injury" has a corresponding meaning;
"License of Occupation Agreement" means a written agreement through which the Director of Corporate Real Estate
Office, on behalf of the City of Ottawa gives permission to a person for use of municipal property;
"motor vehicle" means a motor vehicle as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8;
"motorized snow vehicle" means a motorized snow vehicle as defined in the Motorized Snow Vehicles Act, R.S.O. 1990, c.
M.44;
"Municipal Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
"multi-residential development" means land used for residential purposes that has seven or more self-contained units
under a single ownership;
"municipal conservation forest" means a large City-owned landscape of contiguous forest in the rural area;
"municipal law enforcement officer" means a person appointed by Council to enforce the provisions of this by-law and
who may be referred to as an Inspector or Officer;
"municipal natural area" means municipal property designated as a natural environment area, urban natural feature, rural
natural feature, significant wetland or major open space in the City of Ottawa Official Plan and includes a municipal
conservation forest, municipal greenspace and community woodland;
"municipal property" means any City-owned land and includes, but is not limited to, lands designated as municipal natural
areas, parks and highways;
"municipal tree" means any tree, including a boundary tree, that is located completely or partially on municipal property;
"normal farm practice" means a practice that,
1. 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
2. makes use of innovative technology in a manner consistent with proper advanced farm management practices;
"off-road vehicle" means an off-road vehicle as defined in the Off-Road Vehicles Act, R.S.O. 1990, c. O.4;
"owner" means the registered owner on title of the land or the agent of the registered owner duly authorized by the
registered owner in writing;
"park" means a playground, playing field, ball diamond, sports field, beach, recreation centre, community building, facility,
square, garden, water, pedestrian walkway or any other area owned, leased or used by the City and devoted to active or
passive recreation and includes any lane or walkway or public parking area leading thereto;
"person" means any individual, association, firm, partnership, corporation, agent or trustee and the heirs, executors or
other legal representatives of a person to whom the context can apply according to law;
"Planning Act" means the Planning Act, R.S.O. 1990, c. P.13, as amended;
"plant" means any specimen, whether living or dead, of any species of flower, shrub or tree and includes any seed, spore,
pollen or tissue culture of any such flower, shrub or tree;
"plant nursery" means the use of lands, buildings or structures, or portions thereof, where plants are grown for the
purpose of retail or wholesale trade and which may include the accessory sale of soil, planting materials, fertilizers, garden
equipment, ornaments and similar material;
"protect" means to prevent the injury or destruction of a tree;
"protected tree" means any tree indicated in this by-law as requiring an approval, a tree permit or a distinctive tree permit
for its injury or destruction, and includes a retained tree;
"replacement tree" means the nursery stock used to replace a tree, being deciduous nursery stock with a minimum caliper
of fifty (50) mm measured no less than fifteen (15) cm above ground level, or coniferous nursery stock no less than two
hundred (200) cm in height as measured from ground level to midway between the tip of the leader and the uppermost
whorl, or as otherwise approved by the General Manager;
"retained tree" means a tree that has been identified for retention and protection in an approved Tree Conservation Report
or Tree Information Report and includes a tree for which an approval, a tree permit, or a distinctive tree permit has not
been requested;
"rural area" means the lands shown on Schedule "A", Rural Policy Plan, of the City's Official Plan, as amended, or any
successor schedule thereto;
"Stop Work Order" means an order issued pursuant to this by-law to stop the injury or destruction of trees;
"trail" means hiking trails, walking paths, snowshoeing paths, cross country ski trails and bicycle trails;
"tree" means any species of woody perennial plant, including its root system, which has reached or can reach a minimum
height of four hundred and fifty (450) cm at physiological maturity;
"tree conservation report" means a report prepared by an arborist that contains information as required by Schedule "E";
"tree information report" means a report prepared by an arborist that contains information as required by Schedule "C";
"tree paint" means a specialized paint that is applied to a cut surface of a tree after pruning or that is used to mark trees
for removal;
"tree permit" means a permit issued by the General Manager authorizing the injury or destruction of a tree in accordance
with this by-law;
"urban area" means the lands shown on Schedule "B", Urban Policy Plan, of the City's Official Plan, as amended, or any
successor schedule thereto and those lands within the hatched areas as shown on Schedule "A" inclusive to this by-law;
"waste" means paper, bottles, broken glass, cans, rags, garbage, any plant matter, animal carcass, rubbish, debris, or
refuse.
Section 2 - Interpretation
(1) This by-law includes Schedules "A" to "P" inclusive annexed hereto, and the Schedules are hereby declared to form part
of this by-law.
(2) Reference to items in the plural include the singular, as applicable, unless used with a number modifying the term.
(3) In this by-law, the word "centimetre" shall be represented by the abbreviation "cm", the word "millimetre" shall be
represented by the abbreviation "mm", and the word "hectare" shall be represented by the abbreviation "ha".
(4) If any section, subsection, paragraph, or part thereof is declared by any Court to be bad, illegal or ultra vires, such
section, subsection, paragraph or part thereof shall be deemed to be severable and all parts of this by-law are declared
to be separate and independent and enacted as such.
Section 3 - General
(1) Unless otherwise specified, this by-law applies to all lands within the geographical limits of the City of Ottawa
(2) Any permit issued under this by-law is non-transferable.
(3) The holder of any permit issued under this by-law shall comply with all applicable federal and provincial legislation and
regulations and all applicable municipal by-laws.
(4) Where a boundary tree straddles City property and private property, the tree shall be considered a municipal tree and
the provisions of Part II of this by-law shall
Part II - Trees on municipal property
Section 7 and 8 - Scope
Section 7
The provisions of this Part shall apply to municipal trees.
Section 8
For the purposes of this Part, "General Manager" means the General Manager of the Public Works Department.
Section 9 and 10 - Tree planting
Section 9
No person shall plant a tree or install associated infrastructure on municipal property without the written approval of the
General Manager.
Section 10
The General Manager may approve the planting of a tree on municipal property subject to conditions as determined by the
General Manager.
Section 11 to 16 - Tree protection
Section 11
Unless authorized by the General Manager, no person shall:
(1) injure or destroy the trunk, branches or roots of a municipal tree;
(2) affix a poster, notice or sign to a municipal tree;
(3) affix any guy line or other fastening or fixture to a municipal tree;
(4) apply tree paint to a municipal tree;
(5) remove branches, trim or alter any municipal tree; or
(6) perform any operation or activity within the critical root zone of a municipal tree that may result in injury or destruction
of a tree.
Section 12
No person shall carry out work within the critical root zone of a municipal tree that may result in injury or destruction to a
municipal tree, including, but not limited to, grade changes and soil compaction.
Section 13
Despite Section 12, work within the critical root zone of a municipal tree is permitted where the General Manager has
issued written approval for such work.
Section 14
An applicant for approval pursuant to Section 13 shall provide the following information to the General Manager:
(1) the nature of the work to be carried out;
(2) the location of the work;
(3) the name of the person(s) undertaking the work;
(4) the proposed method of carrying out the work; and
(5) any additional information as requested by the General Manager.
Section 15
The General Manager may require the person who has requested written approval pursuant to Section 13 to agree in
writing to the following conditions prior to the commencement of the work:
(1) in the event of injury to any municipal tree as determined by the General Manager, to reimburse the City for the cost of
treatment for the municipal tree or to cause the tree to be repaired by a qualified arborist and bear the cost of repairs
and labour;
(2) in the event that the municipal tree is irreparably injured as determined by the General Manager, to reimburse the City
for the cost of removal and replacement of the municipal tree and pay the City the compensation value of the injured
municipal tree and the cash value of a replacement tree pursuant to Schedule "B" of this by-law, or other provisions
deemed appropriate by the General Manager;
(3) to implement the tree protection measures outlined in Part VI of this by-law where applicable;
(4) where excavation is requested within the critical root zone of a municipal tree, to utilize tunneling or boring or other
excavation methods, as approved by the General Manager; and
(5) such other conditions deemed appropriate by the General Manager to protect the municipal tree.
Section 16
No person shall fail to comply with the conditions of an approval issued by the General Manager pursuant to Section 15.
Section 17 - Tree removal by City
The General Manager may approve the removal from municipal property by the City of,
(1) a dead tree;
(2) a tree that poses an immediate threat to public health and safety;
(3) a diseased, dying, decayed or broken tree;
(4) a tree that is causing, or likely to cause in the future, serious damage to private property where other mitigation
measures are unlikely to prevent future damage; or
(5) a tree that, in the opinion of the General Manager, requires removal.
Section 18 to 26 - Tree removal by other persons
Section 18
No person shall destroy a municipal tree.
Section 19
Despite Section 18, the destruction of a municipal tree is permitted where the General Manager has issued a tree permit
allowing for such destruction.
Section 20
An applicant for a tree permit pursuant to Section 19 shall provide the following information in an application to the
General Manager:
(1) the name, address and contact information of the applicant;
(2) the name, address and contact information of the arborist hired by the applicant to complete the tree information
report;
(3) the name, address and contact information of the contractor undertaking the work as set out in the approved tree
information report, if known;
(4) the municipal address of the private property adjacent to the location upon which the municipal tree is proposed to be
destroyed;
(5) the purpose for which the permit is required;
(6) a tree information report consistent with the City's guidelines as prescribed in Schedule "C";
(7) tree protection measures identified for retained trees, if any, as per Part VI of this by-law;
(8) a schedule for the proposed works, including the start and end dates and the construction period;
(9) the fee prescribed in Schedule "D"; and
(10) such other information as deemed necessary by the General Manager.
Section 21
The General Manager shall review the complete tree permit application and may,
(1) issue a tree permit;
(2) issue a tree permit with conditions; or
(3) refuse to issue a tree permit.
Section 22
The General Manager may impose conditions on a tree permit including but not limited to the following conditions:
(1) any condition in accordance with good arboricultural practice;
(2) any condition recommended by an arborist;
(3) to implement the tree protection measures for all municipal trees in proximity to the work area, where applicable, as
outlined in Part VI of this by-law, or as approved by the General Manager;
(4) destruction to be carried out by or under the supervision of an arborist;
(5) the manner and timing of the destruction; or
(6) a requirement to plant replacement trees and pay the compensation value for the destroyed tree in accordance with
Schedule "B".
Section 23
The General Manager may approve the removal of a tree from municipal property for the purpose of construction at the
expense of the applicant, provided that the applicant:
(1) obtains all required permits for construction;
(2) confirms that the applicant has minimum liability insurance pursuant to Part VII, Section 79;
(3) agrees to implement the tree protection measures pursuant to Part VI of this By-law for all municipal trees to be
retained in proximity to the work area or as approved by the General Manager;
(4) agrees in writing to bear the cost of the removal of the municipal tree determined to be injured; and
(5) agrees in writing to pay the City the compensation value of the municipal tree that was removed and the cash value of
the replacement tree pursuant to Schedule "B" of this by-law, or other provisions deemed appropriate by the General
Manager.
Section 24
The General Manager may approve the removal of a municipal tree from a highway where the municipal tree by its very
existence denies an owner of a property abutting a highway access to such owner's property provided that the owner of
the property abutting the highway has requested the removal of the municipal tree and has provided evidence to the
General Manager that no practical or economical option for access is possible, and has agreed to pay the City the
compensation value of the municipal tree to be removed and the cash value of a replacement tree.
Section 25
No permit holder shall fail to post the tree permit on the private property adjacent to the location of the tree to be removed:
(1) in a prominent location so as to be clearly visible to the public;
(2) for a period of not less than seven (7) days prior to any action being undertaken in accordance with the tree permit on
the site; and
(3) for a period of not less than seven (7) days following any action taken in accordance with the tree permit.
Section 26
Any tree planted or growing on municipal property contrary to the provisions hereof or contrary to access rights provided
by any other municipal by-law may be removed by the General Manager without notice or recompense.
Part III - Protection of municipal natural areas
Section 27 - Scope
The provisions of this Part shall apply to municipal natural areas in the City.
Section 28 - Asset protection
No person shall, in a municipal natural area, unless approved by the General Manager:
(1) injure or destroy any plant;
(2) leave or deposit any waste, except in a receptacle provided for that purpose;
(3) discharge, dump or leave any construction material, earth, dirt, rock, snow, stone, or other material;
(4) wash, clean, polish, service, maintain or, with the exception of any emergency, repair any motorized vehicle;
(5) enter onto a municipal natural area where it is signed to prohibit or restrict admission to the public, motor vehicles or
off-road vehicles;
(6) plant any plant, hedge, tree, shrub or garden;
(7) construct or place any fence, building, retaining wall or other structure of any kind;
(8) keep any composting receptacle or compost pile;
(9) place any string, wire, chain, rope or similar material; or
(10) do anything that may harm or damage the municipal natural area, or the plants or trees within it.
Section 29 and 30 - Consent to enter permits
Section 29
No person shall, without a valid consent to enter permit, in a municipal natural area:
(1) camp or erect any tent or other structure;
(2) set or maintain any open air fire as provided for in the Open Air Fire By-law;
(3) conduct scientific research;
(4) conduct any organized game, sport, training or activity, with the exception of lawful hunting or fishing activities;
(5) operate a motor vehicle or off-road vehicle anywhere within a municipal natural area, with the exception of forest
access roads; or
(6) undertake any maintenance activities or alter existing grounds or facilities.
Section 30
No person shall operate a motorized snow vehicle in a municipal natural area unless that person is a current member of a
club with a valid License of Occupation agreement.
Section 31 and 32 - Application for a consent to enter permit
Section 31
A written application for a consent to enter permit shall be made to the General Manager at least fifteen (15) days prior to
the intended date of entry.
Section 32
The consent to enter permit application shall include:
(1) the name, address, and contact information of the applicant;
(2) the purpose of entry onto a municipal natural area;
(3) the lot and concession of the location of the activity;
(4) the time frame, including the commencement date and end date; and
(5) such other information as may be required by the General Manager.
Section 33 to 38 - Conditions for issuance of a consent to enter permit
Section 33
Upon receipt of an application for a consent to enter permit, the General Manager may issue a consent to enter permit
provided that the person,
(1) is eighteen years of age or older;
(2) agrees to use the natural area only for the activity specified on the consent to enter permit;
(3) agrees to follow the incident reporting procedures outlined in the consent to enter permit in the event of an incident,
including contacting City staff and police, paramedic or fire services, as appropriate; and
(4) agrees to comply with any other conditions of the consent to enter permit issued by the General Manager pursuant to
Section 35.
Section 34
Where a License of Occupation Agreement applies to an activity, a consent to enter permit is not required.
Section 35
The General Manager may attach such additional conditions to the consent to enter permit as deemed necessary to ensure
public safety, to protect City property or to maintain the enjoyment of the municipal natural area for the public.
Section 36
A consent to enter permit issued by the General Manager is valid only on the date or dates and for the specified activity
shown on the consent to enter permit.
Section 37
No holder of a consent to enter permit shall fail to comply with all applicable federal and provincial legislation and
regulations and all applicable municipal by-laws.
Section 38
No holder of a consent to enter permit shall fail to comply with the conditions of issuance of the consent to enter permit.
Part IV - Trees on private property greater than one hectare in area
Section 39 to 41 - Scope
Section 39
The provisions of this Part shall apply to trees with a DBH of 10 cm or greater, on privately-owned property that is within
the urban area of the City, or within the lands identified in Schedules "G" to "O" inclusive annexed hereto as additional
lands, and that is:
(1) greater than one hectare in area; or
(2) equal to or less than one (1) hectare in area and subject to one of the following applications:
(a) a site plan control application pursuant to Section 41 of the Planning Act;
(b) a plan of subdivision application pursuant to Section 51 of the Planning Act; or
(c) a plan of condominium application pursuant to Section 51 of the Planning Act.
Section 40
Despite Section 39, the provisions of this Part shall not apply to trees on properties greater than one hectare with existing
condominiums or multi-residential developments.
Section 41
For the purposes of this Part, General Manager means the General Manager of the Strategic Initiatives Department.
Section 42 to 44 - Prohibition
Section 42
No person shall injure or destroy or permit the injury or destruction of a tree.
Section 43
Despite Section 42, the injury or destruction of a tree is permitted where the General Manager has issued a tree permit
allowing for such injury or destruction, and where the injury or destruction is conducted in accordance with the conditions
of the tree permit.
Section 44
No person shall fail to protect a tree:
(1) in accordance with the protection measures identified in Part VI of this by-law; or
(2) in the case of a tree that has been identified for protection in a tree permit, in accordance with the conditions of that
permit and the protection measures identified in Part VI of this by-law.
Section 45 to 48 - Application for tree permit
Section 45
Any person who intends to injure or destroy a tree under this Part shall submit to the General Manager an application for a
tree permit.
Section 46
An applicant for a tree permit pursuant to Section 45 shall provide the following information in an application to the
General Manager:
(1) the name, address and contact information of the owner;
(2) the name, address and contact information of the applicant, if different from the owner and the owner's written consent
to the application;
(3) the name, address and contact information of the arborist hired by the owner or applicant to complete the tree
conservation report;
(4) the name, address and contact information of the contractor undertaking the proposed tree work;
(5) the municipal address and legal description of the land, upon which the trees are proposed to be injured or destroyed;
(6) the purpose for which the permit is required;
(7) a tree conservation report in hard copy and digital copy consistent with the City's Guidelines as prescribed in Schedule
"E";
(8) tree protection measures identified for retained trees as per Part VI of this by-law;
(9) a schedule for the proposed works, including the start and end dates and the construction period;
(10) confirmation of any other applications affecting the land, upon which the trees are to be injured or destroyed;
(11) confirmation of minimum liability insurance pursuant to Part VII;
(12) the fee prescribed in Schedule "D"; and
(13) such other information as the General Manager deems necessary.
Section 47
For a boundary tree, in addition to the requirements of Section 46, the applicant shall provide to the General Manager the
written consent of the other property owner or owners to the application.
Section 48
Despite Section 46, the General Manager may waive any of the requirements listed in Section 46 where the General
Manager determines that the requirements do not apply.
Section 49 - Permit issuance
The General Manager shall review the tree permit application and may,
(1) issue a tree permit;
(2) issue a tree permit with conditions; or
(3) refuse to issue a tree permit.
Section 50 to 52 - Issuance of approvals
Section 50
The General Manager may issue a tree permit to injure or destroy trees where the tree conservation report demonstrates,
to the satisfaction of the General Manager that,
(1) it is necessary to remove dead, diseased or severely injured trees or branches for safety reasons;
(2) the trees are causing or are likely to cause structural damage to loadbearing structures or roof structures;
(3) the injury or destruction is required in order to remediate contaminated soil;
(4) the trees are to be relocated and the trees will be sufficiently prepared for relocation;
(5) the injury or destruction is required for trees specifically identified on plans approved by the Local Planning Appeals
Tribunal, City Council or a final and binding decision of the Committee of Adjustment;
(6) the injury or destruction is necessary to install, provide or maintain utilities, water or sanitary wastewater infrastructure
required for the construction or use of a building or structure;
(7) there is no reasonable alternative to the injury or destruction;
(8) the injury or destruction is consistent with good forestry practices;
(9) other circumstances deemed appropriate by the General Manager exist.
Section 51
The General Manager may impose conditions on a tree permit including but not limited to the following conditions:
(1) any condition in accordance with good arboricultural practice;
(2) any condition recommended by an arborist;
(3) measures to be implemented to protect the retained trees during construction, where applicable, as per Part VI of this
by-law;
(4) a requirement that destruction be carried out by or under the supervision of an arborist;
(5) specifications relating to the manner and timing of the injury or destruction of the tree or trees; or
(6) a requirement to plant replacement trees in accordance with Section 52.
Section 52
Where a tree permit requires, as a condition, the planting of a replacement tree, the General Manager may impose the
following requirements with respect to the replacement tree:
(1) the number of replacement trees which shall be the greater of the number of replacement trees specified in the permit
or the number of trees to be planted in accordance with the subdivision, condominium or site plan approval;
(2) the species, size and location of the replacement tree(s);
(3) the timing for the planting of the replacement tree(s);
(4) the maintenance and care of the replacement tree(s) including the deposit of security in the form of a letter of credit,
cash or certified cheque in an amount to be determined by the General Manager to guarantee, for a specified period of
time, the cost of maintaining or replacing the replacement tree(s);
(5) an equivalent fee to be paid in lieu of planting a replacement tree as shown in Schedule "B" of this by-law; and
(6) other provisions deemed appropriate by the General Manager.
Section 53 and 54 - Revocation of a tree permit
Section 53
The General Manager may revoke a tree permit if,
(1) the tree permit was issued on mistaken, misleading, false or incorrect information;
(2) the tree permit was issued in error;
(3) the owner or permit holder requests, in writing, that it be revoked;
(4) the owner or permit holder fails to comply with the conditions under which the approval was issued; or
(5) the owner or permit holder fails to comply with any provision of the approved tree conservation report or this by-law.
Section 54
No person shall knowingly furnish false information for the purposes of obtaining a tree permit.
Part V - Distinctive trees on private properties one hectare or less in area
Section 55 and 56 - Scope
Section 55
The provisions of this Part shall apply to distinctive trees on the following properties within the urban area of the City:
(1) a property that is one hectare or less in area; or
(2) a property greater than one hectare with an existing condominium or multi-residential development.
Section 56
Despite Section 55, the provisions of this Part shall not apply to properties subject to one of the following applications:
(1) a site plan control application pursuant to Section 41 of the Planning Act;
(2) a plan of subdivision application pursuant to Section 51 of the Planning Act; or
(3) a plan of condominium application pursuant to Section 51 of the Planning Act.
Section 57 to 59 - Prohibition
Section 57
No person shall injure or destroy or permit the injury or destruction of a distinctive tree.
Section 58
Despite Section 57, the injury or destruction of a distinctive tree is permitted where the General Manager has issued a
distinctive tree permit allowing for such injury or destruction, and where the injury or destruction is carried out in
accordance with the conditions of the distinctive tree permit.
Section 59
No person shall fail to protect a distinctive tree:
(1) in accordance with the protection measures identified in Part VI of this by-law; or
(2) in the case of a distinctive tree that has been identified for protection in a distinctive tree permit, in accordance with the
conditions of that permit and the protection measures identified in Part VI of this by-law.
Section 60 to 64 - Application for distinctive tree permit
Section 60
Any person who intends to injure or destroy a distinctive tree shall submit to the General Manager an application for a
distinctive tree permit.
Section 61
An applicant for a distinctive tree permit pursuant to Section 60 shall provide the following information in the application to
the General Manager:
(1) the name, address and contact information of the owner;
(2) the name, address and contact information of the applicant, if different from the owner and the owner's written consent
to the application;
(3) the name, address and contact information of the arborist hired by the owner or applicant to complete the tree
information report;
(4) the name, address and contact information of the contractor undertaking the proposed tree work;
(5) the municipal address and legal description of the land, upon which the distinctive tree or trees are to be injured or
destroyed;
(6) confirmation by the arborist of the location of the distinctive tree(s) on the property;
(7) the purpose for which the distinctive tree permit is required;
(8) a tree information report consistent with the guidelines prescribed in Schedule "C" that supports the application for
injury or destruction;
(9) tree protection measures identified for retained trees as per Part VI of this by-law;
(10) a schedule for the proposed works, including the start and end dates and the construction period;
(11) confirmation of any other applications affecting the land, upon which the trees are to be injured or destroyed;
(12) confirmation of minimum liability insurance pursuant to Part VII;
(13) the fee prescribed in Schedule "D"; and
(14) such other information as the General Manager deems necessary.
Section 62
Where a building permit application for infill development or a Committee of Adjustment application is made within the
urban area, the owner or applicant shall submit a Tree Information Report with the required tree information shown on the
grading plan and the plan for the site, as prescribed in Schedule "C", in addition to the information contained in Section 61.
Section 63
For a boundary tree, in addition to the requirements of Section 61, the applicant for any permit or approval under this by-
law must provide the written consent of the other property owner or owners to the application.
Section 64
Despite Section 61, the General Manager may waive any of the requirements listed in Section 61 where the General
Manager determines that the requirements do not apply.
Section 65 - Approval of a distinctive tree permit
The General Manager shall review the application for a distinctive tree permit and may,
(1) issue a distinctive tree permit;
(2) issue a distinctive tree permit with conditions; or
(3) refuse to issue a distinctive tree permit.
Section 66 - Issuance of a distinctive tree permit
The General Manager may approve the issuance of a distinctive tree permit where the application demonstrates to the
satisfaction the General Manager that,
(1) it is necessary to remove a dead, diseased or severely injured distinctive tree or branches for safety reasons;
(2) the distinctive tree is causing or is likely to cause structural damage to existing load-bearing structures or roof
structures;
(3) the injury or destruction of the distinctive tree is required in order to remediate contaminated soil;
(4) the injury or destruction of the distinctive tree is specifically identified on plans approved by the Local Planning Appeals
Tribunal, Council or a final and binding decision of the Committee of Adjustment;
(5) the applicant has undertaken to implement satisfactory landscaping, replanting of trees or tree preservation;
(6) there is no reasonable alternative to the injury or destruction; or
(7) other circumstances deemed appropriate by the General Manager exist.
Section 67 - Conditions
The General Manager may impose conditions on a distinctive tree permit including but not limited to the following
conditions:
(1) any condition in accordance with good arboricultural practice;
(2) any condition recommended by an arborist;
(3) measures to be implemented to protect the retained trees during construction, where applicable, as per Part VI of this
by-law;
(4) a requirement that the injury or destruction be carried out by or under the supervision of an arborist;
(5) specifications relating to the manner and timing of the injury or destruction of the tree or trees; or
(6) a requirement to plant replacement trees in accordance with Section 68
Section 68 - Compensation
Where a distinctive tree permit requires as a condition the planting of a replacement tree, the General Manager may
impose the following conditions with respect to the replacement tree:
(1) the number, species, size and location of replacement trees;
(2) the timing for the planting of the replacement tree(s);
(3) specify an equivalent fee to be paid in lieu of planting replacement trees pursuant to Schedule "B" of this by-law; and
(4) other provisions deemed appropriate by the General Manager.
Section 69 - Notice
No permit holder shall fail to post the distinctive tree permit on the subject property,
(1) in a prominent location so as to be clearly visible to the public; and
(2) for a period of not less than seven (7) days prior to any action being undertaken in accordance with the distinctive tree
permit on the site; and
(3) for a period of not less than seven (7) days following any action taken in accordance with the distinctive tree permit.
Section 70 and 71 - Revocation of a distinctive tree permit
Section 70
The General Manager may revoke a distinctive tree permit where,
(1) the permit was issued on mistaken, misleading, false or incorrect information;
(2) the permit was issued in error;
(3) the owner or permit holder requests, in writing, that it be revoked; or
(4) the owner or permit holder fails to comply with any condition of the distinctive tree permit or this by-law.
Section 71
No person shall knowingly furnish false information for the purposes of obtaining a distinctive tree permit.
Part VI - Tree protection
Section 72 to 77 - Scope
Section 72
The provisions of this Part shall apply to all protected trees.
Section 73
No person shall fail to protect a protected tree unless an approval, a tree permit or a distinctive tree permit has been issued
by the General Manager in accordance with this by-law.
Section 74
Where a tree is a protected tree, no person shall fail to implement the following tree protection measures, unless otherwise
authorized by the General Manager:
(1) prior to any work activity, tree protection fencing must be installed around the outer edge of the critical root zone, or as
per the approved Tree Conservation Report or Tree Information Report, as applicable, and remain in place until the work
is complete;
(2) tree protection fencing shall be at least 1.2 metres in height and installed in such a way that the fence cannot be
altered; and
(3) such other measures as required by the General Manager to protect the tree.
Section 75
Despite Subsection 74(1), if the General Manager determines the fenced tree protection area must be reduced to facilitate
construction, mitigation measures shall be prescribed by an arborist and may include, but are not limited to;
(1) the placement of plywood, wood chips or steel plating over the roots;
(2) the proper pruning and care for roots where they are encountered; and
(3) the use of tunneling or boring when excavating.
Section 76
Within the critical root zone of a protected tree, unless otherwise approved by the General Manager, no person shall:
(1) place any material or equipment, including outhouses;
(2) raise or lower the existing grade; or
(3) extend any hard surface or significantly change landscaping.
Section 77
Unless otherwise approved by the General Manager, no person shall:
(1) attach any signs, notices or posters to a tree, except as required by this by-law;
(2) damage the root system, trunk or branches of a tree; or
(3) direct exhaust fumes from equipment toward a tree canopy.
Part VII - Indemnification and insurance
Section 78
An applicant for a permit or other approval under this by-law shall agree to indemnify and save harmless the City from any
and all claims, demands, causes of action, losses, costs or damages that the City may suffer, incur or be liable for resulting
from the issuance of a permit or approval under this by-law or from the performance or non-performance of the applicant
under this by-law, whether with or without negligence on the part of the applicant, or the applicant's employees, directors,
contractors and agents.
Section 79
If the applicant for a permit is a contractor or commercial developer, minimum liability insurance is,
(1) commercial general liability insurance subject to a limit of not less than $2,000,000 inclusive per occurrence for bodily
injury, death, or damage to property, including loss of use thereof, or negligent acts or omissions by the contractor; and
(2) such insurance shall name the City of Ottawa as an additional insured and shall include an endorsement to provide the
City of Ottawa with thirty (30) days' notice of cancellation.
Section 80
If the applicant for a permit is not a contractor or commercial developer, minimum liability insurance is liability insurance
subject to a limit of not less than $1,000,000 inclusive per occurrence for bodily injury, death, or damage to property,
including loss of use thereof.
Part VIII - By-law Exemptions
Section 81 - Statutory exemptions
This by-law shall not apply in the following circumstances:
(1) activities or matters are undertaken by the City or a local board of the City;
(2) activities or matters are undertaken by a license issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c.
25, as amended;
(3) trees are injured or destroyed by a person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, to
engage in the practice of cadastral surveying, or his or her agent while making a survey;
(4) the injury or destruction of trees is imposed after December 31, 2002 as a condition of approval of a site plan, a plan of
subdivision, or a consent, under Sections 41, 51 or 53 respectively, of the Planning Act or as a requirement of an
agreement of a site plan agreement or subdivision agreement entered into under those sections;
(5) the injuring or destruction of trees is 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;
(6) 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, Sch. A., as amended, for the purpose of constructing and maintaining a transmission system
or a distribution system, as defined in that Act;
(7) the injury or destruction of trees is undertaken on land described in a license for a pit or quarry or a permit for a
wayside pit or a wayside quarry issued under the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended; or
(8) the injury or destruction of trees is undertaken on land in order to lawfully establish and operate or enlarge any pit or
quarry on land:
(a) that has not been designated under the Aggregate Resources Act or a predecessor of that Act; and
(b) on which a pit or quarry is a permitted land use under a by-law passed under Section 34 of the Planning Act.
Section 82 - General exemptions for private trees, parts iv and v of this
by-law
A tree permit or a distinctive tree permit is not required in the following circumstances where,
(1) pruning is necessary to maintain the health and condition of the tree and is carried out in accordance with good
arboricultural practices;
(2) the tree is dead as confirmed by an arborist;
(3) the tree is located within a building, a solarium, a rooftop garden or an interior courtyard;
(4) the tree to be destroyed is located within an actively managed, cultivated orchard, tree farm or plant nursery and is
harvested for the purposes for which the tree was planted;
(5) the injury or destruction is required as part of the regular operation of an existing cemetery or golf course;
(6) the tree is an immediate threat to public health and safety; or
(7) the injury or destruction is a normal farm practice carried out as part of an agricultural operation by a farming business.
Part IX - Enforcement
Section 83 to 89 - Enforcement by municipal law enforcement officer
Section 83
This by-law shall be enforced by a Municipal Law Enforcement Officer.
Section 84
A Municipal Law Enforcement Officer may, at any reasonable time, enter and inspect any land to determine if this by-law
or an order issued under this by-law has been complied with provided that the power of entry does not allow the Municipal
Law Enforcement Officer to enter into any building on the land.
Section 85
A Municipal Law Enforcement Officer may, in carrying out an inspection pursuant to Section 84, be accompanied by the
General Manager, or designate, and any other person possessing expert or special knowledge necessary to assist the
Municipal Law Enforcement Officer with their enforcement activities and may make examinations or take tests or samples
necessary for the purposes of inspection.
Section 86
A Municipal Law Enforcement Officer may require the production for inspection of the Tree Conservation Report or the Tree
Information Report, as applicable, or other documents or things relevant to the inspection, and inspect and remove such
reports, documents or things for the purpose of making copies or extracts.
Section 87
A receipt shall be provided for any report, document or thing removed under Section 86 and the report, document or thing
shall be promptly returned after the copies or extracts are made.
Section 88
A Municipal Law Enforcement Officer may take photographs necessary for the purpose of the inspection.
Section 89
No person or permit holder shall hinder or obstruct or attempt to hinder or obstruct the Municipal Law Enforcement Officer
in the discharge of duties under this by-law.
Section 90 to 96 - Stop work orders
Section 90
Where the General Manager is satisfied that a contravention of this by-law has occurred, the General Manager may issue
a stop work order requiring the person who contravened the by-law or that caused or permitted a contravention of the
bylaw to cease the contravening activity.
Section 91
The stop work order shall set out reasonable particulars of the contravention adequate to identify the contravention, the
location of the contravention and the date by which there must be compliance with the stop work order.
Section 92
No person or permit holder shall fail to comply with a stop work order issued by the General Manger pursuant to Section
90.
Section 93
A stop work order issued under Section 90 may be served personally by the Municipal Law Enforcement Officer, may be
sent by email, 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.
Section 94
Where a stop work order under this by-law is served personally by the Municipal Law Enforcement Officer, it shall be
deemed to have been served on the date of delivery to the person or persons named.
Section 95
The posting of the stop work order on the affected lands shall be deemed to be sufficient service of the stop work order on
the person or corporation to whom the stop work order is directed on the date it is posted.
Section 96
Where a stop work order issued under this by-law is sent by registered mail, it shall be sent to the last known address of,
(1) the applicant;
(2) the owner; or
(3) the person or company retained to undertake the injury or destruction of the tree,
and shall be deemed to have been served on the fifth day after the stop work order is mailed.
Section 97 to 101 - Offences and penalties
Section 97
Every person who contravenes any provision of this bylaw is guilty of an offence.
Section 98
Any person who hinders or obstructs a person lawfully carrying out the enforcement of this by-law is guilty of an offence.
Section 99
A person who is convicted of an offence under this by-law is liable to:
(1) a minimum fine of $500 and a maximum fine of $100,000 as provided for in subsection 429(3) paragraph 1 of the
Municipal Act; and
(2) a special fine that may exceed $100,000, as provided for in subsection 429(3), paragraph 1 of the Municipal Act.
Section 100
Despite Section 97, every person who contravenes a stop work order that is issued pursuant to Section 90 of this by-law is
guilty of a continuing offence as provided for in subsection 429(2), paragraph (a) of the Municipal Act, and is liable, for
each day or part of a day that the offence continues, to a minimum fine of $500 and a maximum fine of $10,000, and the
total of all daily fines for the offence is not limited to $100,000 as provided for in subsection 429(3), paragraph 2 of the
Municipal Act.
Section 101
When a person has been convicted of an offence under this by-law, the Ontario Court of Justice and any court of
competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order,
(1) prohibiting the continuation or repetition of the offence by the person convicted; and
(2) requiring the person convicted to correct the contravention in the manner and within the period that the court considers
appropriate.
Part X - Administration
Section 102 - Former by-laws repealed
The Urban Tree Conservation By-law 2009-200, as amended, and the Municipal Trees and Natural Areas Protection By-
law 2006-279, as amended are hereby repealed.
Section 103 - Transition
The repeal of the by-laws pursuant to Section 102 shall not affect any offence committed against the provisions of the
repealed by-laws or any penalty incurred in respect thereof or any investigative procedure, including but not limited to any
prosecution thereunder.
Section 104 - By-law in force
This by-law shall come into force and take effect on January 1, 2021.
Section 105 - Short Title
This by-law shall be known as the "Tree Protection By-law".
ENACTED AND PASSED this 25th day of November, 2020.
DEPUTY CITY CLERK/ MAYOR
Schedule A - Urban expansion area lands subject to the Tree Protection By-law
Schedule A - Urban expansion area lands subject to the Tree Protection By-law [ PDF 735 KB ]
Schedule B - Tree Compensation Requirements
Municipal Trees
For municipally owned trees, City wide, regardless of the reason for removal:
Pay the compensation value of the tree and plant a replacement tree in the Right of Way
The compensation value of the tree is determined by CTLA Trunk Formula method or a replacement ratio, whichever is
greater
If a replacement tree cannot be planted then, in addition to the compensation value of the tree, the applicant must
pay the cash value of a replacement tree, which is $400
Note that a minimum compensation value of $400 per tree will be charged
For unique scenarios, the valuation method may be determined by the General Manager
Compensation amounts may be adjusted where trees are proposed on a landscape plan
For wooded natural areas, or where there is a substantial number of trees to be removed, a different valuation method may
be considered.
Private Trees
For private property in the urban area, 1 hectare or less in size.
Application for removal not associated with a Planning Act application or infill
development:
1:1 - Plant a tree for each distinctive tree removed, to be planted on the same private property, implemented by
putting it as a condition of the Distinctive Tree permit.
Application for removal associated with infill development:
2:1 or 3:1, based on distinctive tree size for the subject area:
2:1 for each distinctive tree measuring 30-49 cm DBH
3:1 for each distinctive tree measuring 50 cm or greater DBH
Plant the required number of replacement trees for each distinctive tree removed, as required. If all planting cannot be
accommodated, must pay the cash value for the number of trees not planted. A replacement tree is valued at $400.
For example; if the distinctive tree removed is 54 cm in diameter, 3 replacement trees are required to be planted, if
only 1 tree was planted, then the owner owes the City 2 x $400 = $800 for the remaining owed trees.
Trees planted in compensation must be non-invasive species
When planted, the replacement tree must be a minimum of 50 mm measured no less than 15 cm above ground
level for deciduous trees, and no less than 200 cm in height as measured from ground level to midway between
the tip of the leader and the uppermost whorl, or as otherwise approved by the General Manager.
It is preferable to plant tree species that will attain the largest size at maturity, given the site-specific context.
If the tree cannot be planted on the same private property, it can then be planted on another private property in
reasonably close proximity to the removed tree, subject to the property owner's approval and to the satisfaction of the
General Manager.
For private property in the urban area, over 1 hectare in size.
Application for removal not associated with a Planning Act application or infill
development:
1:1 - Plant a tree for each protected tree removed, to be planted on the same private property, implemented by
putting it as a condition of the tree permit.
For private property in the urban area, of any size, subject to a Planning Act
application (Site Plan, Plan of Subdivision):
To be determined through development review process.
For private property in the urban area, of any size, where the tree removed is dead,
hazardous, or an ash tree:
1:1 replacement planting
Schedule C - Tree Information Report Guidelines
The objective for these guidelines is to provide clear guidance on the tree information required, based on the type of
application, or tree removal situation, when applying for permission to remove a tree. These guidelines will assist
consulting arborists, tree care specialists, registered professional foresters, etc., in the preparation of the Tree Information
Report for required tree removals, and to confirm the adequate protection of trees to be retained.
The City's Tree Protection By-law lays out when a Tree Information Report (TIR) or a Tree Conservation Report (TCR) is
required. Generally, a TIR is required for the proposed removal of municipal trees city-wide, or of distinctive trees on
properties one hectare or less in size within the City's urban area. A TIR is also required for all Committee of Adjustment
applications and Building Permit applications for infill development[1] within the City's urban area.
The type of application, or the tree removal reason for a given site dictates if a TIR or a TCR is required. Figure 1, on the last
page, will help determine which type of report is required.
Table 1 outlines the information required to be included within Tree Information Reports. For all Planning Act applications ,
a Tree Conservation Report is required. Please refer to the TCR Guidelines in Schedule E of the Tree Protection By-law.
Following the table, detailed information for each element is described.
Details required for tree removal by application type
No development
Tree Information Report (TIR) - Short
Owner contact information
Arborist contact information
Contractor information
Location of tree(s) to be removed
Species
Size
Ownership
Condition of tree(s)
Client's reason for removal
Arborist recommendations
*Additional information may be requested
Self-declaration statement
Infill development
Tree Information Report (TIR) - Full
Owner contact information
Arborist contact information
Contractor information
Location of tree(s) to be removed
Species
Size
Ownership
Condition of tree(s)
Client's reason for removal
Arborist recommendations
Plans showing tree locations (grading plan, site plan, etc.)
Tree protection and mitigation measures
Boundary tree confirmation and consent
Tree replacement information
Additional information
Federal and Provincial regulations
Self-declaration statement
"Infill development" means low rise residential development that is not subject to Site Plan Control, Plan of
Subdivision, or Plan of Condominium.
A Planning Act application is a development application under the Planning Act for Site Plan Control, Plan of
Subdivision, or Plan of Condominium.
"No development" includes construction projects not related to infill development. For example, widening a driveway
or installing a service, a pool, or a deck, etc.
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Tree Information Report Submission
The submission of a Tree Information Report shall occur at the earliest application for any proposed tree removals or works
that may impact trees in any way. A TIR is to be submitted as a part of the full application package for infill development.
The TIR application form shall be completed, and all other required information must be attached.
The City of Ottawa reserves the right to request further information due to the complexity of the work to be performed
and/or deny the application if the submitted Tree Information Report is deemed unsatisfactory by the General Manager.
Where the Tree Information Report submission is related to infill development or other construction projects requiring
approvals, tree permits will be issued in conjunction with the development approval (eg. building permit, demolition permit,
pool enclosure, etc.). However, these other approvals do not in themselves convey permission to remove trees.
For Building Permits for infill development: Where there are no trees on the site or neighbouring properties which could
be impacted by the proposed work, a statement on the grading plan or site plan that there are no trees on the site must be
included.
Exemptions: Where trees are an immediate threat to public health and safety or qualify for other exemptions listed in Part
VI of the Tree Protection By-law, no report is required.
Required information:
For both the TIR-short and TIR-full, complete the Tree Information Report form with the following information:
Contact Information for the Owner, Arborist, and Contractor:
Please provide name, address, telephone number and email address for the property owner, the arborist, and, if known at
the time of application, the contractor.
Tree Information:
Specific information about the tree(s) on site is required and shall be provided in a table format (see below). The tree #
must correlate to the map provided with the report.
Tree information
Tree #
Species
Size (DBH )
Ownership
Condition of tree
Client's reason
for removal
Arborist
recommendation
"DBH" or "diameter at breast height" means the measurement of the width of a trunk of a tree at a height of one
hundred and thirty (130) cm from the ground. Refer to "how to measure the diameter of a tree" for details.
Species: Identify the tree(s) impacted by common English name and botanical name.
Size: For each tree, the diameter at breast height (DBH) must be provided in centimetres. Measurements must be accurate.
Location of trees to be removed:
TIR-Short - List/Describe the location of tree(s) in relation to existing and any proposed structures, lot boundaries, or
relative proximity to other tree(s). For example, Southeast corner of rear lot, between fence and shed.
TIR-Full - All trees on site must be listed/described, including boundary and adjacent trees with Critical Root Zones
extending into the site. The tree locations must be plotted on the grading and site plan, as applicable, by a surveyor or GPS.
Ownership: The ownership for each tree must be listed within the report (e.g. private, City, boundary , adjacent ). If
ownership is unknown, a survey may be required. For trees on a shared property line, list the address it is shared with.
"boundary tree" means a tree, of which any part of the trunk is growing across one or more property lines.
"adjacent tree" means a tree whose trunk is growing on a property sharing a boundary with the subject site.
Condition: Provide detailed information about the condition of the tree(s). Applications for tree removal based on the
condition must provide greater detail on the conditions noted and may require additional documentation such as tree risk
assessments (from a reputable source) to support the arborist's recommendation. The determination of the condition will
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be based on some of the following factors, and should also consider the level of risk associated with the condition and
whether any mitigation options are available:
Structural Integrity (Have there been recent limb failures? List evidence of structural weaknesses, noticeable stress
cracks, frost cracks, weak unions, and included bark unions)
Deadwood (%)
Vigour (Is the tree healthy and in leaf, or in decline and struggling?)
Are there any insects infesting? (list type and extent of infestation)
Are there any pathological concerns? (list type and extent of infection)
Are fungal fruiting bodies evident? (list type and extent of decay)
Is decay evident at unions, base, or elsewhere? A bore test, ultrasound or resistograph may be required to determine
extent of decay.
Is the tree causing damage to structures? List type and location of damage. May require additional reports and/or
proof of remedial work completed. Requests to remove a City tree for this reason must follow the 4-phase assessment
process for trees and foundation damage.
Does the tree have a significant lean? Are there signs of potential uprooting with a pull test?
Or other factors deemed acceptable by the General Manager
Client's Reason for Removal: Provide client's reason for requesting tree removal. Examples could include, but are not
limited to:
For construction purposes, eg., new house, addition, landscaping, etc.
Safety (Is the tree hazardous? If yes, identify the concern)
Damage to a structure or private property (an engineer's report may be required).
The tree is in decline and is no longer viable to maintain.
Arborist's Recommendation: Provide arborist's recommendation for the tree(s), as well as any protection and/or mitigation
measures to be implemented for retained trees.
TIR - Short - The arborist must provide recommendation for the course of action for the tree(s).
TIR-Full - The arborist must identify and recommend which tree(s) will be removed and which will be retained/protected,
based on their assessment of the work proposed on site and the distance between the tree(s) and excavation.
Recommendations should also include changes to the proposed work that would allow for tree retention. For
retained/protected trees, mitigation measures must be illustrated and noted on the grading plan and site plan, as
appropriate.
For trees that are to be retained and protected, the tree protection measures outlined in Part VI of the Tree Protection By-
law must be implemented. Please also refer to the City's Tree Protection Specification . If the full CRZ cannot be
protected, mitigation measures must be described in the report, shown on the plan and implemented accordingly.
Photographs: Provide photographs of each tree to be removed, showing the condition of the tree and reason for removal,
as applicable.
Plans:
TIR-Short - A plan may be required depending on the level of complexity of the work to be performed.
TIR-Full - Tree removal and tree protection information must include:
A plan showing the locations of all trees (including boundary and adjacent trees) and their critical root zones .
The location of tree protection fencing.
All proposed excavation limits (including for buildings, projections, services, retaining walls, driveways, etc.).
Measurements from the nearest edge of the trunk to adjacent excavation limits.
All trees protected under the City's Tree Protection By-law must be shown on the map. The map must use symbols or
colours to differentiate between private trees and municipal trees, and whether the trees are proposed for retention or
removal. Retained trees require protection measures to be shown and details on required mitigation practices also.
All this information must be overlaid on the grading plan and site plan, and the plan must be updated with any changes
made through the associated review process. Full TIRs without plans will not be accepted.
The critical root zone (CRZ) is established as being 10 centimetres from the trunk of a tree for every 10 centimetre of
trunk DBH measured in a radius around the tree. The CRZ is calculated as DBH x 10 cm.
"excavation limits" means the full extent of excavation for the proposed work, including any required sloping or
shoring.
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Tree Retention and Protection (TIR-Full):
Where trees are to be retained and protected, tree protection measures must be provided in the report and illustrated on
the plan (accounting for physical constraints), mitigation strategies to be implemented prior to construction and maintained
for the full duration of construction. Please refer Part VI of the City of Ottawa's Tree Protection By-law for the required tree
protection measures.
Boundary tree confirmation (TIR-Full):
Where trees that are jointly owned are impacted, consent from the other property owner must be obtained. The signature
of the other property owner must be included on the application form to confirm consent. Where an agreement cannot be
reached, adjustments to the proposed plan may be required. A Tree Removal Permit will not be issued without each
owner's consent.
Tree Replacement Information (TIR-Full): Any replacement planting must take place after the completion of work to be
done or following construction project completion. For each replacement tree, provide:
tree size
species
quantity
location on property (shown on the site plan or on a landscape plan )
Proposed planting locations may be shown on the site plan or separated into a Landscape Plan. Any separate
Landscape Plan submitted must show any retained trees in addition to trees proposed to be planted.
The planting of large shade trees using a variety of species is encouraged to fulfill the objective of a diverse, sustainable
urban forest.
Please refer to Schedule B of the City's Tree Protection By-law for tree compensation requirements.
When planted, the replacement tree must be a minimum of 50 mm measured no less than 15 cm above ground level for
deciduous trees, and no less than 200 cm in height as measured from ground level to midway between the tip of the leader
and the uppermost whorl, or as otherwise approved by the General Manager.
Additional information:
Depending on the complexity of the work to be performed, other reports may be required. For example, a Tree Risk
Assessment from a viable source (ISA, Arboriculture Canada, etc.) could be necessary to justify a tree removal, a
Landscape Plan should be included to show any replacement/new planting, and a Butternut Health Assessment could be
required if Butternut trees are on site.
Federal and Provincial Regulations:
The arborist is responsible to abide by all Federal and Provincial Regulations such as the Endangered Species Act, the
Migratory Birds Convention Act, etc. when evaluating and recommending best course of action for any site. If any Federal
and Provincial Regulations apply to the specific site application, related permits or mitigation needs must be noted.
Self-Declaration Statement:
For both TIR-short and TIR-full, the application form must be signed by the property owner, arborist and contractor (if
known at time of application), which confirms that all parties agree with the information provided and will respect the
proposed work and mitigation measures. By signing the application, you are also acknowledging and understanding that
an inspector may enter the property at a reasonable time for the purpose of carrying out an inspection. You also
acknowledge and understand that through failure to abide by the recommendations of the approved Tree Information
Report, damaging or destructing trees identified for protection, you will be responsible to bear fully the cost of
compensation, removal, and replacement.
It is the owner/applicant's responsibility to ensure that all protection and mitigation measures described in the TIR are
followed, and where necessary are done so under the supervision of an arborist.
Figure 1: Flow chart to determine what kind of tree report is required for a permit to remove a tree
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Schedule D - Application Fees
Municipal Trees
For municipally owned trees, City wide:
Applications associated with Planning Act applications (Site Plan, Plan of Subdivision, Plan of Condominium) -
included in development application fees
Applications associated with infill development - $1240 per tree, maximized at five trees or $6200
Applications for removal not associated with a Planning Act application or infill development - $200 per tree
maximized at five trees or $1000
Private Trees
For private property in the urban area, regardless of property size:
Applications associated with Planning Act applications (Site Plan, Plan of Subdivision, Plan of Condominium) -
included in development application fees
Applications associated with infill development - $1240 per tree, maximized at five trees or $6200
Applications for removal not associated with a Planning Act application or infill development - $200 per tree
maximized at five trees or $1000
Removal of dead, hazardous or ash trees does not require a permit application, follow exemption process
Schedule E - Tree Conservation Report Guidelines
1. INTRODUCTION
The purpose of the Tree Conservation Report (TCR) is to demonstrate how existing trees will be retained and protected on
development sites, and identify which trees require removal to accommodate the proposed development. The retention of
healthy and retainable trees on a development site provides a multitude of benefits to the residents and users of the new
development and the surrounding area. The TCR must:
Demonstrate how the proposed development satisfies the Official Plan (Section 4.8.2) policy to maintain the urban
forest canopy through development.
Identify and describe the tree cover on the site prior to development.
Identify which trees will be retained and which trees must be removed. The retained trees must be incorporated into
the proposed development and the TCR must show how they will be adequately protected during construction, and
over the long-term.
Align with all plans for a site, including grading, engineering, servicing, and landscape plans.
The Tree Conservation Report Guidelines shall be applied in coordination with other City of Ottawa guidelines, as
applicable, including the Environmental Impact Study Guidelines , the Significant Woodlands Guidelines for
Identification, Evaluation and Impact Assessment , and the Landscape Plan Terms of Reference .
The level of tree loss on a site, as outlined in the TCR, shall be considered in the preparation of Landscape Plans to offset
the canopy cover loss at the site level, where feasible.
2. PROCESS
A TCR is required for:
The submission of Plans of Subdivision and Site Plan Control Applications, where:
there is a tree[1] of 10 centimeters in diameter or greater on the site; and/or
there is a protected tree[2] on an adjacent site that has a Critical Root Zone (CRZ) [3] extending onto the
development site.
The removal of any tree 10 centimeters in diameter or greater on private properties within the urban area that
are greater than 1 hectare in size.
City infrastructure projects that impact existing trees.
As per the Tree Protection By-law, 2020-340, a Tree Permit will be issued based on the approved TCR and protected
trees must not be removed on the site until the Tree Permit has been issued.
The TCR must be prepared by an individual with professional qualifications in forestry, ecology, biology, arboriculture,
or landscape architecture in accordance with the definition of "arborist" in Section 1 of the Tree Protection By-law.
The TCR must be submitted prior to any activities occurring on-site that could impact protected trees.
A TCR may be combined with the Landscape Plan or the Environmental Impact Study.
If changes are made to the plans for a site which will impact retained trees, a TCR amendment must be submitted for
approval, and a new tree permit issued.
The grading, engineering, servicing, and landscape plans as well as all other approved plans will be consistent with
the approved Tree Conservation Report.
Tree protection and mitigation requirements outlined in the TCR must be shown on the other approved plans where
relevant (i.e., Landscape Plan, Grading Plan, and/or Site Plan).
The General Manager may require that the report be prepared and stamped by a Registered Professional Forester
(RPF).
A copy of the report must be available on-site during tree removal, grading, construction, or any other site alteration
activities, and for the duration of construction on the site.
3. ELEMENTS
The Tree Conservation Report shall include the following:
1. A table including an inventory of the trees currently on site, with the following information for each tree; species,
diameter at breast height, ownership, condition, tree health, retained or removed, and reason for removal. Each tree
should be given a unique identifier (i.e., 1, 2, 3, etc.) in this table, and used on the required maps in #4 and 5 below.
2. A summary of the number of trees to be retained and removed, by ownership (private/public).
3. Groups of trees may be combined into stands for inventory purposes. Stand information must include percent species
composition, average diameter at breast height, general health, and a general stand description.
4. Map #1 Current Vegetation - A plan of the site showing the existing vegetation overlaid on a current survey or plan
for the site. The plan must include the following elements:
a. The property line;
b. Single trees, small clumps of trees, and wooded areas;
c. Each tree's CRZ shown as a scaled circle around the centre point of the tree;
d. Protected trees on adjacent sites that have a CRZ extending onto the development site;
e. Tree Ownership (City, private, shared, adjacent);
f. Existing buildings and impervious surfaces (e.g. driveways and parking lots);
g. Locations of any other natural elements, where applicable;
h. Names of surrounding roads; and
i. Standard mapping elements such as a north arrow, scale, date, and legend.
5. Map #2 Tree Protection and Removal Plan - A plan showing the following elements overlaid on the proposed
development plan, or the proposed plan of undertaking[4]:
a. All elements required for Map #1
b. All elements related to the proposed development, including roads, buildings infrastructure, servicing, utilities,
stormwater management, lot lines, parking areas, limits of excavation, the extent of the construction area,
including any staging areas, OR the proposed plan of undertaking, as applicable;
c. Trees and treed areas identified for retention and the associated tree protection and mitigation measures;
d. Trees and treed areas identified for removal;
e. Any relevant setback lines, for example for; watercourses, zoning, geotechnical considerations, or anything
identified in an EIS for an environmental feature.
6. Identification of tree protection measures required to prevent impacts to retained trees and woodlands during
construction. Include protection measures for any trees on adjacent property that may be impacted by the
construction. The tree protection measures must be consistent with the City of Ottawa's tree protection specifications
in Part VI of the Tree Protection By-law or as approved by the General Manager or designate.
7. The impact of the development on retained trees shall be assessed based on accepted best management practices,
and mitigation measures identified for impacts including, and not limited to, excavation within the CRZ of retained
trees, grade changes, effects of new impervious surfaces and new buildings, and changes in the water table and to
drainage patterns.
8. Describe and identify where mitigation measures are required for the protection of retained trees during construction
and their long-term survival, including measures to take if work is required within CRZs, fencing modifications, crown
and/or root pruning, methods to minimize compaction, or any other measures required given the site conditions.
9. Other relevant natural elements must be identified where applicable, such as wetlands and other surface water
features, steep slopes, designated natural areas, significant woodlands, high quality specimen trees, rare
communities, unique ecological features, species at risk and associated habitat.
10. Where applicable, use the City's Protocol for Wildlife Protection during Construction to mitigate impacts to fauna
and/or rare species during construction.
The General Manager, or their designate may require additional information as is deemed necessary.
4. OTHER REQUIRED INFORMATION
Information to be included with Tree Conservation Report:
1. The name, address (municipal/email) and telephone number of the owner.
2. The name, address (municipal/email) and telephone number of the applicant, if different from the owner, and the
owner's written consent to the application.
3. The name, address (municipal/email), telephone number and qualifications of the professional hired by the owner or
applicant to complete the report.
4. The municipal address and legal description of the land upon which trees are proposed to be protected, injured or
destroyed.
5. If any boundary or adjacent trees will be injured or destroyed by the proposed development, a Boundary Tree
Declaration Form signed by all tree owners will be required prior to the issuance of a Tree Permit.
[1] "Tree" means any species of woody perennial plant, including its root system, which has reached or can reach a
minimum height of at least 450 cm at physiological maturity.
[2] "Protected tree" means any tree indicated in the Tree Protection By-law as requiring an approval, a tree permit or a
distinctive tree permit for its injury, destruction, and includes a retained tree.
[3]The critical root zone (CRZ) is established as being 10 centimetres from the trunk of a tree for every centimetre of trunk
DBH measured in a radius around the tree. The CRZ is calculated as DBH x 10 cm.
[4]A plan of undertaking could include a plan for investigative site works or a plan for sustainable forest management on
the site.
Schedule F - Map of Inner Urban Area and Suburban Area
Schedule F - Map of Inner Urban Area and Suburban Area [ PDF 940 KB ]
Schedules G to O
Schedules G to O [ PDF 3.171 MB ]
Schedule G - South March
Schedule H - Stittsville
Schedule I - Barrhaven North
Schedule J - Barrhaven South
Schedule K - Riverside South
Schedule L - Leitrim West
Schedule M - Tewin
Schedule N - Orleans South
Schedule O - Orleans North
Schedule P
Additional lands subject to the Tree Protection By-law - Orleans [ PDF 288 KB ]
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