This is the exact embedded text of the captured official document.
Snapshot ff81f6f3fc9f · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
The Corporation of the City of Peterborough
By-Law Number 21-074
Being a by-law to protect and enhance the City's tree canopy
Recitals ........................................................................................................................ 1
Short Title .................................................................................................................... 1
Interpretation ............................................................................................................... 1
Definitions .................................................................................................................... 2
Application of By-law ................................................................................................... 3
Destroying and Injuring Trees Prohibited ..................................................................... 3
Permit Applications ...................................................................................................... 4
Conditions Applicable to all Permits ............................................................................. 5
Administration of By-law .............................................................................................. 5
Permit Revocation ....................................................................................................... 5
Administrative Orders .................................................................................................. 6
Appeal to Hearing Officer ............................................................................................ 6
Administrative Penalties .............................................................................................. 7
Offences ...................................................................................................................... 7
General ........................................................................................................................ 7
Recitals
1. Subsection 10(2) of the Municipal Act, 2001 (the "Act") permits a single-tier
municipality to pass by-laws respecting the economic, social and environmental well-
being of the municipality, including respecting climate change.
2. Subsection 135(1) of the Act specifically permits a local municipality to enact by-laws
to prohibit or regulate the destruction or injuring of trees.
3. Subsection 135(7) of the Act provides that the by-law may require that a permit be
obtained to injure or destroy trees and may impose conditions to a permit, including
conditions relating to the manner in which destruction occurs and the qualifications
of persons authorized to injure or destroy trees.
4. Subsection 270(1) of the Act requires a municipality to adopt and maintain policies
with respect to the manner in which the municipality will protect and enhance the
tree canopy and natural vegetation in the municipality.
Now therefore, The Corporation of the City of Peterborough by its Council hereby
enacts as follows:
Short Title
1. This By-Law may be referred to as the "Tree Removal By-law".
Interpretation
2. Unless otherwise stated:
a) a reference to any statute or regulation refers to a statute or regulation of Ontario
as it may be amended or replaced from time to time;
By-law 21-074
Page 2
b) a reference to a by-law refers to a by-law of the City as it may be amended or
replaced from time to time; and
c) a reference to a section, paragraph, clause or schedule is a reference to this By-
law's section, paragraph, clause or schedule.
3. The table of contents and headings in this By-law are for convenience only and do
not form part of this By-law.
4. If any part of this By-law is determined to be invalid by a court of competent
jurisdiction, the invalid part is severed and the remainder continues to be valid.
5. In the event of any inconsistency between a provision of this By-law and of any other
City by-law, the provision that, in the opinion of the Manager, more restrictively
regulates prevails to the extent of the inconsistency.
6. This By-law applies within the territorial limits of the City.
Definitions
7. In this By-law:
a) "Administrative Order" means each of the orders described in paragraphs 26.a)
and 26.b).
b) "Applicant" means each Person who or that submits an Application.
c) "Application" means an application for a Permit.
d) "By-law" means this By-law including its schedules.
e) "City" means The Corporation of the City of Peterborough or the geographic area
of the City of Peterborough as the context requires.
f) "Council" means the City's Council.
g) "Destroy" means to remove, cut down, or in any other way Injure a Tree to such
an extent that it is or, in the Manager's determination, will be necessary to
remove or cut down the tree.
h) "DBH" or "Diameter at Breast Height" means the diameter of the stem of a Tree
measured outside of the bark at a point that is 1.37 metres above the highest
point of ground in an undisturbed state at the base of the Tree.
i) "Hearing Officer" means a hearing officer appointed pursuant to Hearing Officer
By-law 20-077.
j) "Injure" means damage to a Tree that, in the Manager's determination, could
inhibit or terminate its growth but does not include pruning or removing no more
than 25% of the Tree's live crown that, in the Manager's determination, has
improved or will improve the health of a Tree.
k) "Manager" means each of the Commissioner, Infrastructure and Planning
Services, the Manager, Infrastructure Management, the Urban Forest Manager
and each Urban Forest Technologist.
l) "Nursery" means the part of land on which the principal business is the growing
of plants, shrubs and Trees for sale to the public.
m) "Officer" means
i)
the Manager;
ii) each person from time to time appointed as a municipal law enforcement
officer to enforce all or any of the City's by-laws;
iii) each assistant to the Fire Marshal employed by the City; and
iv) a police officer employed by Peterborough Police Service, the Ontario
Provincial Police or the Royal Canadian Mounted Police.
n) "Orchard" means the part of land on which the principal business is the growing
of fruit for sale to the public.
o) "Owner" includes each Person who or that has any right, title, interest or equity in
land on which any part of the trunk of a Tree below its first branch is situate.
By-law 21-074
Page 3
p) "Permit" means a permit issued pursuant to this By-law.
q) "Permit Decision Notice" means a notice described in section 14.
r) "Permit Revocation Notice" means a notice described in section 22.
s) "Permittee" means a Person to whom or to which a Permit has been issued.
t) "Person" includes an individual, corporation or partnership.
u) "Tree" means any species of woody perennial plant, including its root system,
which has reached or has the genetic potential to reach a height of at least 4.5
metres and a DBH of at least 7.5 centimetres at physiological maturity.
v) "Tree Service Provider" means an individual to whom a Tree Service Provider
Licence has been issued pursuant to a City Licensing By-law.
Application of By-law
8. This By-law does not apply to:
a) activities or matters undertaken by a municipality or a local board of a
municipality;
b) activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994;
c) the Injuring or Destruction of trees by a person licensed under the Surveyors
Act to engage in the practice of cadastral surveying or his or her agent, while
making a survey;
d) the Injuring or Destruction of trees imposed after December 31, 2002 as a
condition to the approval of a site plan, a plan of subdivision or a consent under
section 41, 51 or 53, respectively, of the Planning Act or as a requirement of a
site plan agreement or subdivision agreement entered into under those sections;
e) the Injuring or Destruction of trees imposed after December 31, 2002 as a
condition to a development permit authorized by regulation made under section
70.2 of the Planning Act or as a requirement of an agreement entered into
under the regulation;
f) the Injuring or Destruction of trees by a transmitter or distributor, as those terms
are defined in section 2 of the Electricity Act, 1998, for the purpose of
constructing and maintaining a transmission system or a distribution system, as
those terms are defined in that section;
g) the Injuring or Destruction of trees undertaken on land described in a licence for
a pit or quarry or a permit for a wayside pit or wayside quarry issued under the
Aggregate Resources Act;
h) the Injuring or Destruction of trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land,
i)
that has not been designated under the Aggregate Resources Act or a
predecessor of that Act, and
ii) on which a pit or quarry is a permitted land use under a by-law passed under
section 34 of the Planning Act;
i) activities or matters undertaken pursuant to and in compliance with the
Woodland Conservation By-law 17-121;
j) activities or matters undertaken pursuant to a property standards order issued by
the City; or
k) Trees within a Nursery or an Orchard.
Destroying and Injuring Trees Prohibited
9. No Person may Destroy or Injure a Tree except pursuant to a Permit.
10. No Owner may permit a Tree to be Destroyed or Injured except pursuant to a
Permit.
By-law 21-074
Page 4
Permit Applications
11. The Manager may refuse to accept an Application unless the Manager is satisfied
that:
a) the Application is complete, legible and submitted on forms from time to time
established by the Manager;
b) an individual Applicant is not a minor;
c) the Application is by or on behalf of all Owners;
d) a corporate Applicant is incorporated pursuant to the laws of Ontario and is in
good standing; and
e) the Application is accompanied by payment in full of any fee established by
Council.
12. The Manager may issue a Permit to an Applicant if the Manager is satisfied that the
Application complies with section 11, that the Applicant has complied and will
comply at all times with this By-law and that the issuance of the Permit is not
inconsistent with the protection and enhancement of the City's tree canopy. The
Manager may otherwise refuse to issue a Permit.
13. In addition to conditions otherwise imposed pursuant to this By-law, the Manager
may, at any time and from time to time, impose conditions to a Permit as the
Manager determines are necessary to maintain the general intent and purpose of
this By-law.
14. If the Manager issues a Permit with conditions pursuant to section 13 or refuses to
issue a Permit pursuant to section 12, the Manager must give to the Applicant as
soon as is reasonably practicable a Permit Decision Notice that includes the
following information:
a) where a Permit is issued with conditions pursuant to section 13, particulars of the
conditions;
b) where a Permit is refused, particulars of the reasons for refusing to issue the
Licence;
c) information respecting the process by which the Applicant may exercise the
Applicant's right to appeal to the Hearing Officer against the conditions or the
refusal to issue the Permit; and
d) a statement that the Manager's decision, unless modified or rescinded by a
Hearing Officer, is final and not subject to review including review by any Court.
15. A Tree Service Provider may, if permitted by a Manager, exercise the authority
delegated to a Manager pursuant to sections 11, 12, 13 and 14 subject to
compliance with those sections, to any conditions or directions related to the
permission imposed or given by the Manager and to the following:
a) the Tree Service Provider must refuse to accept an Application that does not
comply with section 11;
b) the Tree Service Provider must not collect personal information except:
i)
personal information that relates only to the Applicant;
ii) directly from the Applicant;
iii) after giving notice to the Applicant in a form acceptable to the Manager and
pursuant to subsection 28(2) of the Municipal Freedom of Information and
Protection of Privacy Act, R.S.O. 1990, c. M.56;
iv) with the consent of the Applicant given only after the Applicant has received
the notice referred in in clause iii); and
v) only such personal information that, in the Manager's determination, is
necessary to the proper administration of this By-law.
c) the Tree Service Provider must impose such conditions to a Permit as the
Manager may, from time to time, direct.
By-law 21-074
Page 5
d) The Tree Service Provider must forthwith transmit to the Manager particulars of
an Application that the Tree Service Provider has accepted.
e) The Tree Service Provider must not issue a Permit earlier than seventy-two
hours following the Manager's receipt of the transmission required by paragraph
d).
16. An Applicant who or that receives a Permit Decision Notice may appeal the
conditions or the refusal to the Hearing Officer pursuant to section 30.
17. A Permit Decision Notice that is not appealed pursuant to section 30 is final and is
not subject to review including review by any Court.
18. A Permit expires on the earlier of:
a) the 90th day following the day on which it was issued; and
b) the day on which it is revoked.
Conditions Applicable to all Permits
19. Each of the following is a condition of obtaining and continuing to hold a Permit:
a) the Permittee complies with all applicable law respecting the subject matter of the
Permit including this By-law;
b) the Permittee notifies the Manager in writing of any change to the information
provided in an Application within three (3) days of the change;
c) without limiting paragraph a), the Permittee complies with all conditions to the
Permit imposed pursuant to sections 13 or 15, as applicable;
d) the Permittee provides to the Manager such information as the Manager may
from time to time require in relation to this By-law; and
e) the Permittee is not indebted to the City for any fee, fine or penalty.
Administration of By-law
20. The Manager may do such things as the Manager considers appropriate in the
administration of this By-law including:
a) resolving inconsistencies for the purposes of section 5;
b) determinations for the purpose of the term, "Destroy", defined in paragraph 7.g);
c) determinations for the purpose of the term, "Injure", defined in paragraph 7.j);
d) determining Application requirements and related forms for the purposes of
paragraph 11.a);
e) giving permission to Tree Service Providers pursuant to section 15 and imposing
conditions and giving directions related to any such permission;
f) directing Tree Service Providers as to conditions to be imposed on a Permit
pursuant to paragraph 15.c);
g) requiring information pursuant to paragraph 19.d);
h) determining compliance with conditions imposed pursuant to this By-law
including pursuant to sections 13, 15 and 19; and
i) in consultation with the City Clerk, scheduling appeals to the Hearing Officer
pursuant to paragraph 30.c).
21. It is Council's opinion that the powers delegated pursuant to this By-law are of a
minor nature having regard to the number of people, the size of geographic area and
the time period affected by an exercise of the power.
Permit Revocation
22. In addition to any other remedy, where the Manager has reason to believe that a
Permittee or a Tree Service Provider has not complied with this By-law, the Manager
may give to the Permittee or the Tree Service Provider a Permit Revocation Notice
that includes the following information:
a) a statement that the Permit is revoked;
b) particulars of the reasons for which the Permit is revoked;
By-law 21-074
Page 6
c) information respecting the process by which the Permittee may exercise the
Permittee's right to appeal to the Hearing Officer against the Permit Revocation
Notice; and
d) a statement that the Manager's decision to revoke the Permit, unless modified or
rescinded by a Hearing Officer, will be final and not subject to review including
review by any Court.
23. A Permittee that is given a Permit Revocation Notice may appeal to a Hearing
Officer against the Permit revocation pursuant to section 30.
24. A Permit is revoked when a Permit Revocation Notice is given to the Permittee but
may be reinstated only if and when so decided by the Hearing Officer pursuant to
paragraph 30.g).
25. A Permit Revocation Notice that is not appealed pursuant to section 30 is final and
not subject to review including review by any Court.
Administrative Orders
26. In addition to any other remedy, if an Officer is satisfied that a contravention of this
By-law has occurred, the Officer may
a) make an order requiring the Person who contravened this By-law to discontinue
the contravening activity; and
b) make an order requiring the Person who contravened this By-law to do work to
correct the contravention at the Person's expense.
27. A Person to whom or to which an Administrative Order has been given may appeal
to the Hearing Officer against the order pursuant to section 30.
28. An Administrative Order that has not been appealed pursuant to section 30 is final
and not subject to review including review by any Court.
29. In addition to any other remedy, the Officer may cause to be done the work set out in
the order at the expense of the Person to whom or to which an Administrative Order
described in paragraph 26.b) has been given if the Officer is satisfied that the
Person has failed to comply with the order and:
a) the Person has not appealed to the Hearing Officer pursuant to section 30; or
b) the Person has appealed to the Hearing Officer pursuant to section 30, the
Hearing Officer has confirmed or modified the Administrative Order in whole or in
part and the work done is consistent with the Administrative Order as confirmed
or modified.
Appeal to Hearing Officer
30. The following rules and conditions apply to appeals to the Hearing Officer:
a) A Person's right to appeal expires if it has not been exercised in the manner
prescribed in paragraph b) before 4:30 p.m. on the tenth (10th) day after the
Permit Decision Notice, the Permit Revocation Notice or the Administrative Order
has been given to the Person.
b) A right to appeal is exercised by:
i)
giving to the Manager written notice of the appeal that includes particulars of
all grounds upon which the appeal is made; and by
ii) paying the fee from time to time prescribed by Council.
c) The Manager will give to the Person no fewer than seven (7) days' notice of the
date, time and place of the hearing of the appeal.
d) Where the Person fails to appear at the time and place scheduled for a hearing
of the appeal, the Person's appeal is deemed to be dismissed and the Person
must pay to the City an administrative fee as from time to time prescribed by
Council.
e) Subject to paragraph d), the Hearing Officer may not decide the appeal unless
the Hearing Officer has given each of the Person and the Manager an
opportunity to be heard at the time and place scheduled for the hearing of the
appeal.
By-law 21-074
Page 7
f) The Person is only entitled to be heard to the extent of the particulars included in
the Person's notice given pursuant to clause b)i).
g) The Hearing Officer may make any decision that the Manager could have made
pursuant to this By-law.
h) The decision of the Hearing Officer is final and not subject to review including
review by any Court.
Administrative Penalties
31. AMP System By-law 20-073 applies to each administrative penalty issued pursuant
to this By-law.
32. Subject to section 33 and in addition to any other remedy, each Person that
contravenes this By-law is, upon issuance of a penalty notice in accordance with
AMP System By-law 20-073, liable to pay to the City an administrative penalty of:
a) $175 for the remainder of the first day on which the contravention occurs; and
b) $275 for each subsequent day on which the contravention continues.
33. Each Person that contravenes this By-law by undertaking an activity without a
required Permit is, upon issuance of a penalty notice in accordance with AMP
System By-law 20-073, liable to pay to the City an administrative penalty of:
a) $500 for the remainder of the first day on which the contravention occurs; and
b) $750 for each subsequent day on which the contravention continues.
Offences
34. Subject to section 35, each Person that contravenes this By-law is guilty of an
offence and, upon conviction, is liable to a fine for each day or part of a day on which
the offence occurs or continues of:
a) not less than $300 and not more than $10,000;
b) not less than $400 and not more than $25,000 for a second conviction of the
same offence; and
c) not less than $500 and not more than $50,000 for a third or subsequent
conviction of the same offence.
35. A Person is not guilty of an offence for which a penalty notice has been issued
pursuant to sections 32 or 33.
General
36. For the purposes of a prosecution under the Provincial Offences Act, a proceeding
under this By-law and a proceeding under AMP System By-law 20-073, the holding
out to the public that an activity for which a Permit is required is being undertaken
without the required Permit is admissible in evidence as proof, in the absence of
evidence to the contrary, that the activity is being undertaken without the required
Permit.
37. Any notice to be given to a Person other than the City is sufficiently given:
a) when given verbally to the Person;
b) when delivered in writing to the Person;
c) on the third (3rd) day after it is sent by regular lettermail to the Person's last
known address; or
d) when sent to the Person by e-mail or by other means of electronic transmission.
38. For the purpose of paragraphs 37.c) and 37.d), a Person's last known address, last
known e-mail address and other means of electronic transmission are deemed to
include those provided pursuant to paragraph 11.a) as they may be changed
pursuant to paragraph 19.b).
39. Any notice to be given to the City is sufficiently given:
a) on the third (3rd) day after it is sent by regular lettermail to "Forestry Division, City
of Peterborough, 500 George St. N, Peterborough, ON K9H 3R9"; or
By-law 21-074
Page 8
b) when sent by e-mail to [email protected].
40. No proceeding for damages or otherwise may be commenced against the City, a
member of Council, or an officer, employee or agent of the City or a Person acting
under the instructions of the officer, employee or agent for any act done in good faith
in the performance or intended performance of a duty or authority under this By-law
or for any alleged neglect or default in the performance in good faith of the duty or
authority.
41. By-law 19-042, By-law 1982-82 and Chapter 765 of the Peterborough Municipal
Code are repealed.
42. This By-law is in effect on July 9, 2021.
By-law passed this 28th day of June, 2021.
(Sgd.) Diane Therrien, Mayor
(Sgd.) John Kennedy, City Clerk