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Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 1 of 19
THE REGIONAL MUNICIPALITY OF NIAGARA
BY-LAW NO. 2020-79
A BY-LAW TO PROHIBIT OR REGULATE THE
DESTRUCTION OR INJURING OF TREES IN
WOODLANDS IN THE REGIONAL MUNICIPALITY OF
NIAGARA
WHEREAS Section 135(2) of the Municipal Act, 2001, S.O. 2001, c. 25, (the "Act"), as
amended, provides that Regional Council may by bylaw prohibit or regulate the
destruction or injuring of trees in woodlands designated in the by-law;
AND WHEREAS Section 135(7) of the Municipal Act provides that the by-law may
require that a permit be obtained to injure or destroy trees in woodlands as designated
in the by-law and impose conditions on a permit, including conditions relating to the
manner in which destruction occurs and the qualification of persons authorized to injure
or destroy trees;
AND WHEREAS Regional Council deems it desirable to enact such a by-law for the
purposes of:
-
conserving and improving the Woodlands in the Regional Municipality of Niagara
through Good Forestry Practices;
-
promoting Good Forestry Practices that sustain healthy Woodlands and related
natural habitats and environments;
-
Ensuring the long- term health and productivity of Woodlands;
-
regulating and controlling the removal, maintenance and protection of trees in
Woodlands;
-
protecting, promoting and enhancing the values of Woodlands;
-
contributing to human health, recreation, enjoyment and quality of life through the
maintenance of Woodland cover;
-
enhancing biodiversity and forest resilience to help our communities adapt to
climate change;
WHEREAS on April 10, 2008 By-law No. 30-2008 was passed by Regional Council and
this by-law has been in place to prohibit or regulate the destruction or injuring of trees in
Woodlands in the Region;
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 2 of 19
AND WHEREAS Regional Council wishes to repeal By-law No. 30-2008 and replace same
with an updated By-law regulating the destruction or injuring of trees in Woodlands in the
Region;
NOW THEREFORE Regional Council enacts as follows:
1.
DEFINITIONS
In this By-law:
1.1
" Agricultural Use" means the growing of crops, including nursery, biomass, and
horticultural crops; raising of livestock; raising of other animals for food, fur or
fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple
syrup production; and associated onfarm buildings and structures, including, but
not limited to livestock facilities, manure storages, value-retaining facilities, and
accommodation for full-time farm labour when the size and nature of the
operation requires additional employment.
1.2
"Area Municipality" means any one of the municipalities of the Town of Fort Erie,
Town of Grimsby, Town of Lincoln, City of Niagara Falls, Town of Niagara-on-
the-Lake, Town of Pelham, City of Port Colborne, City of St. Catharines, City of
Thorold, Township of Wainfleet, City of Welland, and the Township of West
Lincoln;
1.3
"Building Permit" means a building permit issued by an Area Municipality
under the Building Code Act, 1992, S.O. 1992, c.23, as amended;
1.4
"Bumper Tree" means a poor quality, low value tree that grows in close
proximity to higher value trees and is located along skid roads to protect
residual trees from damage during logging and skidding operations;
1.5
"Coppice growth" means clump growth where more than one tree stem grows
from a single tree stump and the point of measurement for such growth
means that point on each stem measured immediately above the point of
fusion, provided such point of fusion is less than 1.37 metres above the
highest point of undisturbed ground at the base of the coppice or clump
growth;
1.6
"DBH" or "Diameter at Breast Height" means the diameter of the stem of a
tree measured at a point that is 1.37 metres above the ground;
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 3 of 19
1.7
"Diameter" means the diameter of the stem of a tree measured at a specified
Point of Measurement with such measurement including the bark of the stem;
1.8
"Farmer" means a person who has a current and valid farm registration number
under the Farm Registration and Farm Organizations Funding Act, 1993, S.O.
1993, c. 21, as amended;
1.9
"Forest Management Plan" means a course of forest management action
prescribed for a particular woodland area after specific assessments and
evaluations have been made by a Qualified OPFA Member in accordance
with the Ministry of Natural Resources document "A Silvicultural Guide to
Managing Southern Ontario Forests", as amended from time to time;
1.10
"Good Forestry Practices" means:
1.10.a
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 the aesthetic and
recreational opportunities of the landscape;
1.10.b
the cutting and removal of hazardous, severely damaged, diseased
and insect-infested trees which must be removed in order to
prevent contamination or infestation of other trees or because they
no longer contribute to the achievement of forest values;
1.10.c
in the case of hazardous, damaged, diseased or insect-infested
trees, the maintenance of a Woodland after the cutting and removal
is completed unless it is determined through a report prepared by
Qualified OPFA Member that trees must be removed and a
Woodland would not be maintained; and,
1.10.d
the forestry management practices as set out in the Ministry of
Natural Resources document "A Silvicultural Guide to Managing
Southern Ontario Forests";
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 4 of 19
1.11
"Harvesting" means the Injury or Destruction of a Tree through cutting or
other mechanized means. The term "Harvested" shall have a corresponding
meaning;
1.12
"Heritage Tree" means a Tree identified and designated by the Council of an
Area Municipality as having heritage significance;
1.13
"Injury" or "Destruction" means lasting damage to a Tree, that has the effect
of inhibiting or terminating growth and which may include, but is not limited to:
1.13.a
broken branches in the crown of a Tree;
1.13. b the breaking off or splitting of the stem of any Tree and the
noticeable tipping of any Tree;
1.13.c
the splitting of, removal of or damage to the bark of a Tree; or
1.13.d
damage to the root structure of a Tree;
but does not include damage to Bumper Trees, or pruning or removing
branches for maintenance purposes. The terms "Injury", "Injured", "Injuring",
"Destroy", "Destroying" or "Destroyed" shall have a corresponding meaning.
1.14
"Officer" means an individual appointed by Regional Council for the
administration and enforcement of this By-law;
1.15
"Owner" means any Person having control over any portion of land that
contains Woodland or Woodlands and specifically includes any Person
having any right, title, interest or equity in the land and any Person lawfully
permitted on the land;
1.16
"Own Use" means use that does not include a commercial sale, exchange or
other disposition of trees Injured or Destroyed;
1.17
"Permit" means a permit to Injure or Destroy Trees issued under this By-law;
1.18
"Person" means an individual or a corporation and their respective heirs,
executors, administrators or other duly appointed representatives;
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 5 of 19
1.19
"Point of Measurement" means the point on a tree trunk measured above the
highest point at which the ground meets the tree. For Coppice Growth the
Point of Measurement shall be at the point on the tree trunk where the tree
stems separate provided that such point of separation is less than 1.37
metres from where the ground meets the tree;
1.20
"Qualified OPFA Member" means a Registered Professional Forester or
Associate Member of the Ontario Professional Foresters Association under
the Professional Foresters Act 2000, c.18, as amended, certified to practice
professional forestry, unless a suspension, term, condition or limitation of
certification applies which would restrict the Member from carrying out
responsibilities under this By-law;
1.21
"Qualified Tree Marker" means:
1.21.a
An individual who is currently certified through the Ontario Ministry
of Natural Resources Certified Tree Marker Program; or
1.21.b
A Qualified OPFA Member qualified to do tree marking.
1.22
"Region" means The Regional Municipality of Niagara;
1.23
"Regional Council" means the Council of The Regional Municipality of
Niagara;
1.24
"Regional Official Plan" means the Official Plan of The Regional Municipality
of Niagara;
1.25
"Sensitive Natural Area" means lands that are in a Woodland and:
1.25.a
within a Provincially Significant Wetland, Provincial Life Sciences
Area of Natural Scientific Interest, or Significant Woodland, as
those terms are defined in the Regional Official Plan, or, in the
case where there is no Regional Official Plan, as defined in the
Official Plan of the relevant Area Municipality; or
1.25.b
within a Natural Area as designated in the Niagara Escarpment
Plan.
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 6 of 19
1.26
"Significant Community Tree" means a Tree identified and designated by the
Council of an Area Municipality as having community significance;
1.27
"Silviculture" means the theory and practice of controlling forest
establishment, and the composition, growth and quality of forests to achieve
the objectives of forest management. The term "Silvicultural" shall have a
corresponding meaning;
1.28
"Silvicultural Prescription" means the site specific operational plan, signed
and sealed by a Qualified OPFA Member (unless otherwise exempted under
the Professional Foresters Act), that describes the existing forest conditions
and the forest management objectives for an area, and which prescribes the
methods for Harvesting the existing forest stand and a series of silvicultural
treatments that will be carried out to establish a free-growing stand in a
manner that accommodates other resource values as identified;
1.29
"Tree" or "Trees" means any living species of woody perennial plant, including
its root system, which has reached or can reach a height of at least 4.5
meters at physiological maturity;
1.30
"Tree Preservation Plan" means a plan, prepared by a Qualified OPFA
Member or Certified Arborist, for the purpose of protecting and preserving
trees on properties where development or disturbance of the natural forest
cover is to occur;
1.31
"Wildlife Habitat" means areas where plants, animals and other organisms
live, and find adequate amounts of food, water, shelter and space needed to
sustain their populations. Specific wildlife habitats of concern may include
areas where species concentrate at a vulnerable point in their annual or life
cycle; and areas which are important to migratory or non-migratory species;
1.32
"Woodland" or "Woodlands" means land on one or more properties with a
density of at least:
1.32.a
1,000 Trees, of any size, per hectare;
1.32.b
750 Trees, measuring over five (5) centimetres in Diameter at DBH,
per hectare;
1.32.c
500 Trees, measuring over twelve (12) centimetres, in Diameter at
DBH, per hectare; or
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 7 of 19
1.32.d
250 Trees, measuring over twenty (20) centimetres, in Diameter at
DBH, per hectare;
but does not include:
1.33.f
a cultivated fruit or nut orchard;
1.33.g
a plantation established for the purpose of producing Christmas
trees and which is being actively managed and Harvested for the
purposes for which it was planted, except that this does not refer to
plantations that have ceased being managed or Harvested for their
intended purpose for a period of 15 years or more; or
1.33.h
a bona fide tree nursery that is being actively managed and
harvested for the purposes for which it was planted;
1.33.i
a hedgerow or windrow less than 20 meters in width.
2.
APPLICATION OF THE BY-LAW
This By-law shall apply to:
2.1
all Woodlands having an area of one (1) hectare or more;
2.2
all Woodlands having an area of less than one (1) hectare upon delegation of
such authority by an Area Municipality to the Region; and
2.3
Heritage Trees and Significant Community Trees identified and designated by
the Council of an Area Municipality, upon delegation of such authority by an Area
Municipality to the Region.
3.
GENERAL PROHIBITIONS
3.1
No Person through their own actions or through any other Persons shall Injure or
Destroy any Tree located in Woodlands:
3.1.a
Unless exempted under Section 4 of this By-law; or
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 8 of 19
3.1.b
Unless in possession of a valid Permit issued under this By-law and
in accordance with its terms or conditions.
3.2
No Person through their own actions or through any other Person shall:
3.2.a
Contravene the terms or conditions of a Permit issued under this
By-law;
3.2.b
Fail to comply with an Order issued under this By-law; or
3.2.c
Remove or deface any Order that has been posted pursuant to this
By-law.
3.3
No Person through their own actions or through any other Person shall Injure or
Destroy any Tree that has been designated by the Council of an Area
Municipality as a Heritage Tree or a Significant Community Tree, provided that
the authority to regulate such Trees has been delegated to the Region by the
Area Municipality.
3.4
An Owner is deemed to have knowledge of, to have permitted, and to be liable
for actions that violate this By-law that occur on the portion of land over which the
Owner has control.
3.5
A Person is not liable under Section 3.4 of this By-law if such Person establishes,
on a balance of probabilities, that the actions that violate this By-law occurred
before or after such Person was an Owner.
4.
EXEMPTIONS
Despite Section 3 of this By-law, this By-law does not apply to:
4.1
Activities or matters undertaken by a municipality or a local board of a
municipality;
4.2
Activities or matters undertaken under a licence issued under the Crown Forest
Sustainability Act, 1994, S.O. 1994, c.25, as amended;
4.3
The Injuring or Destruction of Trees 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;
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 9 of 19
4.4
The Injuring or Destruction of Trees imposed after December 31, 2002:
4.4.a
as part of a Tree Preservation Plan required as a condition of approval
in a plan of subdivision that has received draft approval under Section
51 of the Planning Act;
4.4.b
as part of a Tree Preservation Plan required as a condition on a
consent approved under Section 53 of the Planning Act;
4.4.c
as a condition to the approval of a site plan or a plan of subdivision
under Sections 41 and 51, respectively, of the Planning Act or as a
requirement of a site plan agreement or subdivision agreement entered
into under those sections;
4.4.d
in a development agreement between an Owner and an Area
Municipality;
4.4.e
as a condition to a development permit authorized by regulation made
under Section 23(b) of the Niagara Escarpment Planning and
Development Act, R.S.O 1990, c. N.2, as amended; or
4.4.f
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.
4.5
The Injuring or Destruction of Trees by a transmitter or distributor, as those terms
are defined in Section 2 of the Electricity Act, 1998, S.O. 1998, c.15, Sched. A,
as amended, for the purpose of constructing and maintaining a transmission
system or a distribution system, as those terms are defined in that section;
4.6
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; R.S.O 1990, c. A.8, as amended;
4.7
The Injuring or Destruction of Trees undertaken on land in order to lawfully
establish and operate or enlarge any pit or quarry on land:
4.7.a
that has not been designated under the Aggregate Resources Act or a
predecessor of that Act; and
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 10 of 19
4.7.b
on which a pit or quarry is a permitted land use under a by-law passed
under Section 34 of the Planning Act.
4.8
The Injuring or Destruction of Trees that is required in order to erect any building,
structure or thing, including yard areas, in respect of which a Building Permit has
been issued and has taken into consideration the protection of Trees surrounding
the structure or work within the building envelope, provided that no Tree is removed
that is located more than 15 metres from the outer edge of the building, structure or
thing, and that only those Trees necessary to accommodate the building structure
or thing, including yard areas, are removed;
4.9
The Injuring or Destruction of Trees that is reasonably required in order to install
and provide utilities, including a private waste disposal system, to the
construction or use of the building, structure or thing in respect of which a
Building Permit has been issued;
4.10
The Injuring or Destruction of Trees that is required in order to install, provide or
maintain a driveway of sufficient width for vehicular access to the building,
structure or thing in respect of which a Building Permit has been issued;
4.11
The Injuring or Destruction of Trees on lands, including buffer lands, used for the
purpose of a licenced waste disposal site that has been approved, where
applicable, under the Environmental Protection Act, R.S.O. 1990, c. E.19, as
amended, the Ontario Water Resources Act, R.S.O. 1990, c. O.40, as amended,
the Environmental Assessment Act, R.S.O. 1990, c. E.18, as amended, the
Planning Act, and/or the Niagara Escarpment Planning and Development Act;
4.12
The Injuring or Destruction of Trees for the construction of drainage works under
the Drainage Act, R.S.O. 1990, c. D.17, as amended;
4.13
The Injuring or Destruction of Trees that:
4.13.a
are dead;
4.13.b
are diseased, as identified in a Silvicultural Prescription or Forest
Management Plan; or
4.13.c
pose a hazard to human safety or property.
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 11 of 19
4.14
The Injuring or Destruction of Trees by an Owner of a Woodland who may Harvest,
Destroy or Injure Trees for his or her Own Use on his or her property provided that:
4.14.a
Good Forestry Practices are employed in accordance with the
Ministry of Natural Resources document "A Silvicultural Guide to
Managing Southern Ontario Forests"; and
4.14.b
the Injuring or Destruction, in that part of the Woodland where Trees
have been Injured or Destroyed, does not reduce the number of
Trees per hectare below that necessary to constitute a Woodland.
4.15
The Harvesting, Injuring or Destruction of Trees by a Farmer that involves the
clearing of all or part of a Woodland for Agricultural Use on land that is owned by
the Farmer doing the clearing provided that:
4.15.a
the land upon which the clearing is to occur is part of a farm
operation or farm corporation that has existed for at least three
(3) years prior to such clearing;
4.15.b
the land that is cleared is put into Agricultural Use within three(3)
years of the date on which such clearing commences;
4.15.c
prior to the clearing, the Farmer advises the Officer of the proposed
clearing. For the purposes of this section the marking of Trees, a
Forest Management Plan or a Silvicultural Prescription, a fee and a
Permit are not required;
4.15.d
the land being cleared for Agricultural Use is
(i)
outside the Urban Area; and
(ii)
is designated and zoned for Agricultural Use, with no
Environmental Overlays,
in the Official Plan and Zoning By-law of the Area Municipality, and,
where applicable, in the Niagara Escarpment Plan;
4.15.e
the Injuring or Destruction of Trees does not involve a Sensitive
Natural Area.
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 12 of 19
4.16
The Injuring or Destruction of Trees as a result of a 'Normal Farm Practice'
carried on as part of an 'Agricultural Operation' as such terms are defined in
the Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, as
amended, or any successor legislation;
4.17
The Harvesting, Injuring or Destruction of non-native/invasive Trees in a
Woodland for the purpose of restoring the tree cover to native species as per
an approved Forest Management Plan or Silvicultural Prescription.
4.18
The Injuring or Destruction of Trees in a Woodland for the purpose of
conducting site rehabilitation activities to remove and/or treat contaminated
soils. A reforestation plan must be prepared and approved by the Officer
prior to Tree removal.
5.
GOOD FORESTRY PRACTICES PERMITS
5.1
The Niagara Region hereby delegates to an Officer the authority to issue a
Good Forestry Practices Permit under this By-law, and to impose such terms
and conditions in accordance with Good Forestry Practices.
5.2
An application for a Good Forestry Practices Permit shall be submitted at
least four (4) weeks prior to the commencement date of Harvesting and shall
include the following:
5.2.a
a complete signed application form as provided by the Region;
5.2.b
a copy of the Silvicultural Prescription sealed by a Qualified OPFA
Member; and,
5.2.c
A signature from a Qualified OPFA Member confirming proof that
the marking of the Trees to be cut has been carried out by a
Qualified Tree Marker in accordance with a Silvicultural Prescription
or Forest Management Plan. Tree marking must include clean,
legible paint marks at breast height, visible from any direction,and
40 centimetre stump marks that are in crevices (if available) and
run right to the ground.
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 13 of 19
5.3
A Good Forestry Practices Permit issued under this By-law shall be subject to
the following terms and conditions:
5.3.a
Trees which are to be harvested are cut in accordance with Good
Forestry Practices, and as described in a Silvicultural Prescription
sealed by a Qualified OPFA Member;
5.3.b
the Harvesting, Injuring or Destruction of Trees will not reduce the
number of Trees per hectare below the minimum number of Trees
per hectare required to be considered a Woodland;
5.3.c
The Permit-holder must notify the Officer at least 48 hours before
start of cutting and again upon resumption of activities after any
four (4) week period of inactivity; and
5.3.d
Any other terms and conditions deemed appropriate and imposed
by the Officer.
5.4
Notwithstanding Sections 5.2 and 5.3, a Good Forestry Practices Permit may
be issued where an exclusion provision under the Professional Foresters Act
c.18, as amended, applies and a qualified member of the Ontario
Professional Foresters Association provides an opinion that the Harvesting
of Trees is consistent with Good Forestry Practices.
6.
PERMIT APPLICATION PROCESS
6.1
Every Person who intends to Injure or Destroy Trees personally or through
another Person, where a Permit to do so is required under this By-law, shall first
complete and submit an application for a Permit in the form approved by the
Region from time to time.
6.2
Applications for Permits will be processed only if:
6.2.a
the appropriate application form, approved by the Region from time
to time, has been completed in full, duly signed and submitted to
the Officer;
6.2.b
the requirements that must be submitted with an application have
been included; and
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 14 of 19
6.2.c
applications are in keeping with the general purpose and intent of
this By-law.
6.3
A Permit application that does not meet the requirements of clauses 6.2.a,
6.2.b and 6.2.c will be returned to the applicant within 30 days.
6.4
A Permit may be:
6.4.a
issued by the Officer to the Owner for a term of up to one (1) year
from the date of issue and shall not be transferable; and,
6.4.b
may be renewed by the Officer for up to two (2) additional one (1)
year terms contiguous with the expiry date of the original Permit and
after a written request from the Owner for renewal is made to the
Officer, who must be satisfied that there are reasonable grounds for
the renewal.
6.5
In addition to those terms and conditions listed in section 5.3, the Officer may
impose conditions to a Permit that relate to, but which are not restricted to:
6.5.a
the manner and timing in which Harvesting, Injuring or Destruction is
to occur;
6.5.b
the species, size, number and location of Trees to be Injured or
Destroyed, or to be planted;
6.5.c
the marking of Trees to be cut with paint;
6.5.d
the qualifications of Persons authorized to Injure or Destroy Trees;
6.5.e
the submission of additional information required before the Permit
becomes effective;
6.5.f
measures to be implemented to mitigate the direct and indirect effects
of the Injuring or Destruction on Sensitive Natural Areas; and
6.5.g
a follow-up fuelwood (firewood) harvest.
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Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 15 of 19
6.7
When denying a Permit, the Officer will notify the applicant in writing by
registered mail. The Officer shall provide written reasons for their decision to
the applicant.
6.8
A Permit issued under the By-law does not relieve the Owner of any other
applicable property boundary, municipal, provincial, or federal by-laws,
regulations or requirements.
7.
APPEALS TO REGIONAL COUNCIL
7.1
An applicant for a Permit under this By-law may be appealed to Regional
Council if:
7.1.a
the Officer refuses to issue a Permit; such an appeal must be made
within 30 days after the refusal; or
7.1.b
if the applicant objects to a condition in the Permit; such an appeal
must be made within 30 days after the issuance of the Permit.
7.2
A request by an applicant for a hearing shall be made in writing and filed with
the Regional Clerk.
7.3
Regional Council shall hold a hearing on the issue and shall give the applicant
an opportunity to make representations at the hearing. The Regional Clerk
shall mail a notice of hearing to the applicant at least seven (7) days before
the hearing.
7.4
Regional Council may:
7.3.a
Uphold the decision of the Officer;
7.3.b
Vary any condition on a Permit; or
7.3.c
Issue a Permit with conditions as Regional Council considers
appropriate.
7.5
Regional Council will provide reasons for its decision. The decision of the
Regional Council is final.
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 16 of 19
8.
ORDERS TO DISCONTINUE ACTIVITY
8.1
Where an Officer is satisfied that a contravention of this By-law has occurred,
the Officer may make an Order requiring the Person who contravened the By-
law or who caused or permitted the Injuring or Destruction of Trees in
contravention of the By-law to stop the Injuring or Destruction of Trees. The
Order shall set out:
8.1.a
the municipal address or the legal description of the land;
8.1.b
reasonable particulars of the contravention; and
8.1.c
the period within which there must be compliance with the Order.
8.2
An Order issued under this By-law may be served personally or by registered
mail to the last known address of:
8.2.a
the Owner of the Woodland; and
8.2.b
the person identified as Injuring or Destroying Trees.
8.3
Where service of an Order is made by registered mail, service shall be
deemed to have been served on the fifth day after the date the Order is
mailed.
8.4
Where service cannot be carried out under subsection 8.2, the Officer shall
place a placard containing the terms of the Order in a conspicuous place on
the affected lands. The placing of the placard shall be deemed to be sufficient
service of the Order on the Person to whom the Order is directed. The
placard shall not be removed without the approval of the Officer.
9.
WORK ORDERS
9.1
Where an Officer believes that a contravention of this By-law has occurred,
the Officer may issue an Order requiring the Person to rehabilitate the land or
Woodlands, or to plant or replant Trees.
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 17 of 19
9.2
The Order shall set out:
9.2.a
the name and the Owner and the municipal address or the legal
description of the land;
9.2.b
reasonable particulars of the contravention;
9.2.c
the work to be done and the date by which the work must be done;
9.2.d
a statement that if the work is not done in compliance with the
Order within a specified time period, the Region may have the work
done at the expense of the Owner; and,
9.2.e
contact information of the Officer.
9.3
The Order may be served in accordance with the service provisions contained
in section 8.
10.
PENALTY
10.1
Any Person who contravenes any provision of this By-law, or an Order issued
under this By-law is guilty of an offence and is liable:
10.1.a
on first conviction, to a fine of not more than $10,000 or $1,000 per
Tree, whichever is greater; on any subsequent conviction for the
same offence, to a fine of not more than $25,000 or $2,500 per
Tree, whichever is greater; and,
10.1.b
on conviction for a continuing offence, to a fine of not less than
$100 and not more than $10,000 for each day or part of a day that
the offence continues. The total of the daily fines may exceed
$100,000.
10.2
Despite subsection 10.1, where the Person convicted is a corporation:
10.2.a
the maximum fines in clause 10.1.a are $50,000 or $5,000 per
Tree; and
10.2.b
the maximum fines in clause 10.1.b are $100,000 or $10,000
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 18 of 19
per Tree.
10.3
If a Person is convicted of an offence for contravening this By-law or an
Order is issued under this By-law, the court in which the conviction has been
entered, and any court of competent jurisdiction thereafter, may order the
Person to rehabilitate the land or to plant or replant Trees in such a manner
and within such period as the court considers appropriate, including any
silvicultural treatment necessary to re-establish the Trees.
10.4
If an Order has been issued under this bylaw or by the court, and the order
has not been complied with, the contravention of the Order shall be deemed
to be a continuing offence for each day or part of the day that the Order is
not complied with.
10.5
The destruction of two or more Trees without or in contravention of a Permit
shall be deemed to be a "multiple offence" as provided in the Municipal Act
and shall be subject to the per tree penalties prescribed in section 10.1 and
10.2.
11.
ENFORCEMENT
11.1
The provisions of this By-law may be enforced by an Officer.
11.2
An Officer or any person authorized by an Officer may, at any reasonable
time, enter upon and inspect any land for the purposes of enforcing this By-
law, determining compliance with this By-law, determining compliance with
terms and conditions of a Permit issued under this By-law, determining
compliance with an Order issued under this By-law or laying charges under
this By-law.
11.3
An Officer exercising a power may be accompanied by a Person under his or
her direction.
11.4
Any Person who obstructs or interferes with an Officer, or any Person or
agent authorized by an Officer, in the discharge of his or her duties under this
By-law, shall be considered in violation of this By-law.
11.5
Any Person who provides false information to an Officer shall be deemed to
have obstructed or interfered with the Officer in the execution of their duties.
Bill 2020-79
Authorization Reference: PEDC 8-2020
Minute Item 6.1
PEDC 4-2025 Minute Item 6.2
As amended by By-law No. 2025-24
Page 19 of 19
12.
ADMINISTRATION
12.1
If any section or part of this By-law is found by any court of competent
jurisdiction to be illegal or beyond the power of Regional Council to enact, such
section or part shall be deemed to be severable and all other sections or parts
of this By-law shall be deemed to be separate and independent therefrom and
to be enacted as such.
12.2
The short title of this By-law is the "Woodland Conservation By-law".
12.3
Despite subsection 12.3, By-law 30-2008, as amended, shall continue to apply
to:
12.3.a
proceedings in respect of offences that occurred before its repeal;
and,
12.4
That this by-law shall come into force and effect on January 31, 2021.
THE REGIONAL MUNICIPALITY OF NIAGARA
James Bradley, Regional Chair
Ann-Marie Norio, Regional Clerk
Passed: October 22, 2020