Tree Preservation By-law No. 19-25 (Municipal Code Chapter 1015)
Richmond Hill, Ontario
· adopted 2025-04-23
This is the exact embedded text of the captured official document.
Snapshot 2b653c043a18 · verified 2026-08-29 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
'',
·~. ~
ct
,:1;,
V
The Corporation of the City of Richmond Hill
By-Law 19-25
A By-law to Prohibit or Regulate the Injuring or Destruction of Trees on Private Property
in the City of Richmond Hill
Whereas section 135 of the Municipal Act, 2001 S.O. 2001, c.25, as amended ("Municipal
Act"), authorizes a local municipality to prohibit or regulate the destruction or injuring of
Trees, subject to certain exemptions from the By-law;
And Whereas the Council of the Corporation of the City of Richmond Hill deems it
necessary and expedient to enact a by-law to prohibit or regulate the destruction or
injuring of Trees on private property in the City of Richmond Hill;
Now Therefore The Council Of The Corporation Of The City Of Richmond Hill
Enacts As Follows:
1.
That By-law 19-25 be effective upon enactment and that By-law 41-07 be
repealed.
Passed this 23rd day of April, 2025.
Mayor
---------------------------------------------------------·--
1.1
Short Title
The Corporation of the City of Richmond Hill
By-law 19-25
Page2
ARTICLE 1 - INTERPRETATION
This by-law may be referred to as the "Tree Preservation By-law''.
1.2
Definitions
In this by-law, the following words shall have the following meanings:
a)
"Administrative Penalty By-law" means the Corporation's Administrative
Penalty By-law 69-16, as amended or superseded, establishing a system of
administrative penalties;
b)
"Agricultural Operation" means land used for commercial production of crops
or raising of livestock and includes cultivation;
c)
"Application" means an Application for a Permit;
d)
"Arborist" means an expert in the care and maintenance of Trees and includes
at least one of the following:
(i)
an arborist qualified by the Ministry of Training, Colleges and Universities;
(ii)
a certified arborist qualified by the Certification Board of the International
Society of Arboriculture;
(iii)
a consulting arborist registered with the American Society of Consulting
Arborists;
(iv)
an arborist with an applicable college diploma with a minimum of two (2)
courses directly related to arboriculture plus a minimum of two (2) years of
practical full-time experience in the arboriculture field;
(v)
an arborist with an applicable university degree with a minimum of four
courses directly related to arboriculture plus a minimum of one ( 1) year of
practical full-time experience in the arboriculture field; or
(vi)
a person with other similar qualifications as approved by the
Commissioner;
e)
"Arborist Report" means a technical report prepared by an Arborist which
identifies the surveyed location, common and scientific species name, Tree
Protection Zone (TPZ), diameter at breast height (DBH), height and condition of
the Tree, and:
(i)
provides the justification for any proposed destruction of the Tree, and/or
provides justification and impacts for any proposed injury of the Tree;
(ii)
describes Tree protection measures or other mitigating activities to be
implemented;
(iii)
includes a map of the subject property that clearly shows the location of
each Tree assessed in the Arborist Report; and
(iv)
Where multiple Trees are assessed in the Arborist Report, provides an
inventory table as part of the Arborist Report;
f)
"Boundary Tree" means a Tree whose trunk is growing on or crosses the
property line between adjoining lands;
---·-·--··----··"··------------------------------··-----···---·----·---------------
The Corporation of the City of Richmond Hill
By-law 19-25
Page 3
g)
"Commissioner" means the Commissioner of Planning and Building Services of
the Corporation or a successor office as the case may be;
h)
"Corporation" means the Corporation of the City of Richmond Hill;
i)
"Council" means the Council of the Corporation;
j)
"Cultivated Orchard" means land where fruit Trees are grown and maintained
for the purpose of harvesting of their fruit;
k)
"Dead Tree" means a Tree that has no live tissue or is determined to have less
than 10% live tissue to the satisfaction of the Corporation;
I)
"Destroy" means to kill a Tree by cutting, burning, uprooting, chemical
application, or other means, and shall also include a level of Injury that is
determined to be significant enough to lead to or contribute to the eventual death
of a Tree;
m)
"Diameter at Breast Height (DBH)" means the diameter of the trunk of a Tree
at a point of measurement 1.4 meters above grade. DBH of multi-trunk Trees
shall be measured as indicated in Schedule 'A' to this Chapter. Where a Tree
has been cut down and the remaining stump is less than 1.4 metres in height, the
DBH shall be the extrapolated diameter at 1.4 metres above the ground as set
out in Schedule 'A' to this Chapter;
n)
"Dying Tree" means a Tree that has between 50% and 90% live tissue as
determined by an Arborist to the satisfaction of the Corporation. This includes the
branches, canopy, trunk, and roots;
o)
"Emergency Work" means work required to be done immediately in order to
prevent imminent danger as determined by the Commissioner, including Tree
work necessary to mitigate risk due to natural events (i.e. storms, high winds,
lightning), as well as Tree work associated with emergency infrastructure, utility
and building repairs as determined by the Commissioner;
p)
"Exemption Permit" means a Permit to Injure or Destroy a Dead, Dying or
Hazardous Tree;
q)
"Good Arboricultural Practices" means the proper implementation of removal,
renewal and maintenance activities known to be appropriate for an individual
Tree to minimize detrimental impacts to the Tree;
r)
"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
detrimental impacts to forest values including significant ecosystems,
important fish and wildlife habitat, soil and water quality and quantity, forest
productivity and health and the aesthetics and recreational opportunities of the
landscape;
s)
"Hazardous" means a Tree or portion of a Tree that is destabilized or
structurally compromised to an extent that it is likely to lead to a loss, personal
injury, property damage, or disruption of activities and/or has a risk rating of High
or Extreme, as determined by a Qualified Tree Risk Assessor (TRAQ);
t)
"Injure" or "Injury" means to harm, damage, impair or not protect a Tree in
accordance with proper arboricultural practices and the City of Richmond Hill
Standards and Specifications Manual, entirely or in part, and/or any acts which
will harm a Tree's health or damage a Tree in any manner. Removal of more
than 20% of the live tissue of a Tree within a twelve (12) month period or any
encroachment into the Tree Protection Zone is considered an Injury to a Tree;
u)
"Municipal By-law Enforcement Officer" means an individual appointed for the
purpose of enforcing the provisions of this by-law or all of the by-laws of the
·------·-----------------------------
Corporation;
The Corporation of the City of Richmond Hill
By-law 19-25
Page4
v)
"Normal Farm Practice" means a practice, as defined in the Farming and Food
Production Protection Act, 1998, SO 1998, c. 1, that is conducted in a manner
consistent with proper and. acceptable customs and standards as established
and followed by similar agricultural operations under similar circumstances or a
practice which makes use of innovative technology in a manner consistent with
proper advanced farm management practices;
w)
"Owner" means the person having the right, title, interest or equity in the land, or
their agent authorized in writing;
x)
"Penalty Notice" means a notice given to a Person pursuant to Part 4 of the
Corporation's Administrative Penalty Bylaw as amended;
y)
"Permit" means a Permit to Injure or Destroy a Tree issued by the Tree
Preservation By-law Officer and includes an Exemption Permit and Retrospective
Permit;
z)
"Permit Application Fee" means the prescribed fee as set out in the Tariff of
Fees By-law;
aa)
"Person" means an individual, association, organization, corporation or
partnership and includes an agent or employee of any of them;
bb)
"Pruning" means the removal of a Tree branch or branches from a living Tree
by cutting at a point outside the branch collar following Good Arboricultural
Practices but does not include the removal of more than 20% of a Tree's live
tissue in a twelve (12) month period, including but not limited to the leaf bearing
crown, branches, trunk and roots. Pruning may be undertaken for the purposes
of providing clearance for utility lines, buildings, pedestrians, or vehicles or
eliminating dead, hazardous or diseased wood;
cc)
"Qualified Tree Risk Assessor" means an Arborist that has obtained the Tree
Risk Assessment Qualification (TRAQ) from the Certification Board of the
International Society of Arboriculture. TRAQ is a professional qualification
program designed to train Arborists in a specialized field of arboriculture related
to Tree risk;
dd)
"Registered Professional Forester (RPF)" means an individual recognized by
the Ontario Professional Foresters Association as a Registered Professional
Forester;
ee)
"Replacement Tree" means any Tree that is planted as a condition of a Permit
issued under this by-law;
ff)
"Retrospective Permit" means a Permit that is issued after the Injury or
destruction of a Tree has commenced or is completed;
gg)
"Tariff of Fees By-law" means the Corporation's by-law authorizing fees or
charges enacted pursuant to Section 391 of the Municipal Act, 2001;
The Corporation of the City of Richmond Hill
By-law 19-25
Page 5
hh)
"Tree" means any perennial woody plant, which has reached or can reach a
height of at least 4.5 meters at physiological maturity and includes a
Replacement Tree;
ii)
"Tree Farm" means land where Trees are grown and maintained for sale;
jj)
"Tree Preservation By-law Officer" means an individual appointed by the
Commissioner for the administration and enforcement of this by-law and includes
any by-law enforcement officer appointed to enforce all the Corporation's by-
laws;
kk)
"Tree Protection Zone (TPZ)" means an area surrounding a Tree that is
designated for protection with the goal of minimizing the damage to the Tree's
critical root system within which no activity is permitted to occur, including but not
limited to grade changes, excavation, installation of hardscapes, and storage of
materials, construction vehicles or tools;
II)
"Written Compliance Order" means an order requiring a Person to do work to
correct a contravention of this by-law;
mm) "Woodlot" means a Treed area that is connected and not defined by property
lines, that is at least 0.2 hectares and no greater than 1.0 hectare in area with at
least:
(i)
200 Trees of any size, per 0.2 hectare;
(ii)
150 Trees, measuring over five (5) centimetres DBH, per 0.2 hectare;
(iii)
100 Trees, measuring over twelve (12) centimetres DBH, per 0.2 hectare;
or
(iv)
50 Trees, measuring over twenty (20) centimetres DBH, per 0.2 hectare;
and
nn)
"York Region Forest Conservation By-law" means the by-law enacted by the
Regional Municipality of York to prohibit and regulate the destruction or injuring
of Trees in designated woodlands within the Region of York made pursuant to
Section135(2) of the Municipal Act, 2001.
ARTICLE 2 - APPLICATION
2.1
Application - Non-Application
This by-law applies to all Trees on lands within the City of Richmond Hill, save and
except as set out in Section 2.2 below.
2.2
Non-Application
This by-law does not apply to:
a)
Trees on lands under the jurisdiction of the Corporation;
b)
Trees within any woodland governed by the York Region Forest Conservation
By-law; or
c)
Trees to be Injured or Destroyed in connection with any of the following activities:
(i)
activities or matters undertaken by a municipality or local board of a
municipality, including the City or a local board of the City;
(ii)
activities or matters undertaken under a licence issued under the Crown
Forest Sustainability Act, 1994;
(iii)
the Injuring or Destruction of Trees by a person licensed under
the Surveyors Act to engage in the practice of cadastral surveying or his
----------------
--~-"-·------·----·--·'"·-· -
-----····---~·-·--~---------------
The Corporation of the City of Richmond Hill
By-law 19-25
Page 6
or her agent, while making a survey;
(iv)
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;
(v)
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;
(vi)
the Injuring or Destruction of a Tree in connection with the approval of a
Site Alteration Permit in accordance with the Corporation's Site Alteration
By-law (including the Injury or Destruction of a Tree in connection with the
associated grading plan);
(vii)
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;
(viii)
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;
(ix)
the Injuring or Destruction of Trees 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;
(x)
the Injuring or Destruction of Trees undertaken as part of Normal Farm
Practices for Farm Operator(s) within the areas designated by the
Greenbelt Act and Oak Ridges Moraine Conservation Act with a Farm
Business Registration Number;
(xi)
the Injuring or Destruction of Trees undertaken as part of Normal Farm
Practices for Farm Operator(s) within the areas designated Settlement
Area as per the City's Official Plan that are outside areas designated by
the Greenbelt Act and Oak Ridges Moraine Conservation Act with a Farm
Business Registration Number in an amount not to exceed 5 trees per 50
acres per year. Injury or Destruction of Tree(s) for Normal Farm Practices
that exceed the above provision will require a permit.
ARTICLE 3 - ADMINISTRATION
3.1
Administration authority - delegated to Commissioner
The Commissioner is responsible for the administration of this by-law and is authorized
to:
a)
prescribe the form for an Application; and
b)
review decisions made by the Tree Preservation By-law Officer to refuse or
revoke Permits in accordance with Article 7.
3.2
Tree Preservation By-Law Officer- delegation - authority
A Tree Preservation By-law Officer is authorized to:
The Corporation of the City of Richmond Hill
By-law 19-25
Page 7
a)
administer, review, approve or refuse to issue Permits, including attaching
conditions thereto;
b)
revoke Permits;
c)
conduct inspections of property pursuant to the exercise of their delegated
authority under this By-law; and
d)
enforce the provisions of this By-law.
3.3
Municipal By-law Enforcement Officers
A Municipal By-law Officer is authorized to enforce the provisions of this By-law and for
the purpose of such enforcement may exercise any of the powers and perform any of
the duties set out in this By-law.
ARTICLE 4 - PERMIT REQUIREMENTS
4.1
Permit - required
Save and except as set out in this Article, no person shall Injure, Destroy, or permit or
cause to be Injured or Destroyed, a Tree having a trunk diameter of more than 15
centimetres DBH, including a Tree that is deemed to be Dead, Dying or Hazardous,
without a Permit. Further, unless otherwise exempted by this by-law, no person shall
Injure, Destroy, or permit or cause to be Injured or Destroyed, a Replacement Tree,
regardless of size, including Replacement Trees that are deemed to be Dead, Dying or
Hazardous, without a Permit.
4.2
Exemption Permit required - Dead, Dying, Hazardous and Woodlot Trees
An Exemption Permit may be granted upon submission of the following documents,
which must be satisfactory to the Tree Preservation By-law Officer:
a)
in the case of a Tree believed to be a Dead Tree, photographic evidence;
b)
in the case of a Tree believed to be a Dying Tree, an Arborist Report prepared by
an Arborist;
c)
in the case of a Tree believed to be a Hazardous Tree, a Tree Risk Assessment
report prepared by a Qualified Tree Risk Assessor; and
d)
in the case of a Tree within a Woodlot, a Managed Forest Plan prepared by a
Registered Professional Forester, provided that the destruction of Trees is in
accordance with Good Forestry Practices and the recommendations outlined in
the Managed Forest Plan.
4.3
Retrospective Permit: Emergency Work - required
A Retrospective Permit is required for the Injury or Destruction of Trees for Emergency
Work. An Arborist Report prepared by a certified Arborist outlining the justification for
the Emergency Work and photographs of the Tree( s) prior to removal is required to
accompany a Retrospective Permit Application.
4.4
Permit Not Required
No Permit is required to Injure or Destroy any Tree that is:
a)
within buildings or a structure, a solarium, rooftop garden, an interior courtyard
having a soil depth of less than 1.5 metres above a built substructure, and a
nursery; or
b)
in a Tree farm that is being actively managed and harvested for the purposes for
---------
. ---.. ·-··---~----·-·---···-·-·---·--·-- ---------· ----------~---
-- _______ ,,_ ··- -----·-····--··----.------·"' ______________ _
The Corporation of the City of Richmond Hill
By-law 19-25
Page 8
which they were planted; or
c)
in a Cultivated Orchard.
4.5
Pruning- permit not required
Notwithstanding the requirement to obtain a Permit to Injure or Destroy a Tree, no
Permit is required for Pruning a Tree if no more than 20% of the Tree's live tissue will be
removed in any twelve-month period using Good Arboricultural Practices.
4.6
Permit, or Exemption Permit issued - compliance with conditions
Where a Permit or Exemption permit has been issued under this by-law, no person shall
Injure, Destroy, or permit or cause to be Injured or Destroyed, a Tree within the City of
Richmond Hill unless they do so in accordance with the conditions of the Permit or
Exemption Permit and any other supporting documentation relevant to the issuance of
the Permit or Exemption Permit.
ARTICLE 5 - APPLICATION REQUIREMENTS
5.1
Application - for permit
An Owner who wishes to apply for a Permit shall submit to the Tree Preservation By-law
Officer an Application on the form prescribed by the Commissioner that includes, at
minimum, the following:
a)
the name, address, telephone number, and email address of the Owner and the
agent (if applicable);
b)
the non-refundable Permit Application Fee;
c)
the purpose for which the Permit is required;
d)
confirmation that the Tree is not a Boundary Tree, or if it is a Boundary Tree,
consent from the Owner of the adjacent lands;
e)
an acknowledgement that the Tree Preservation By-law Officer or their designate
may need to enter onto the Owner's lands for the purpose of determining
whether to issue the Permit, as set out in Section 6.1 below;
f)
for an Exemption Permit, the required documentation referred to in Section 4.2;
and
g)
for a Retrospective Permit, an Arborist Report outlining the justification for the
Emergency Work and photographs of the Tree( s) prior to removal.
5.2
Offence - false or misleading information
It is an offence under this by-law to submit false or misleading information in support of
a Permit Application.
ARTICLE 6 - ISSUANCE OF PERMIT
6.1
Permit Consideration
Following receipt of an Application, the Tree Preservation By-law Officer shall determine
whether or not to issue a Permit, and whether any conditions will be imposed on a
Permit, by:
---------- ---·----·----··-------·-~--···--········--···-··--------
The Corporation of the City of Richmond Hill
By-law 19-25
Page 9
a)
considering criteria, including but not limited to, the following:
(i)
the species of the Tree;
(ii)
the condition of the Tree;
(iii)
the location of the Tree;
(iv)
the size of the Tree;
(v)
the protection of ecological systems and their functions, including the
protection of native flora and fauna;
(vi)
erosion, sedimentation of watercourses, and flood control;
(vii)
impacts to surrounding properties; and
(viii)
the cultural heritage value of the Tree.
b)
conferring with such Persons as they consider necessary for the proper review of
the Application; and
c)
entering and inspecting the lands upon which the Tree is located as they
consider necessary.
6.2
Permit Approved - subject to conditions
The Tree Preservation By-law Officer may impose conditions on the issuance of a
Permit, which may include requirements for:
a)
the submission of a planting plan or restoration plan including recommended
species and associated maintenance;
b)
where planting Replacement Trees is not possible on the site or the Owner does
not wish to do so, they are required to pay cash in lieu of such planting in the
amount to be calculated by multiplying the number of Replacement Trees by the
current Tree replacement fee in the Tariff of Fees By-law;
c)
where planting of Replacement Trees is required, the collection of a security
deposit in an amount equal to the number of proposed Replacement Trees
required multiplied by the current Tree replacement fee in the Tariff of Fees By-
law;
d)
undertaking the Tree cutting work only under the supervision of an Arborist;
e)
undertaking work within a Tree Protection Zone only under the supervision of an
Arborist.
6.3
Permit Not Approved
The issuance of a permit shall not be approved where:
a)
the Application requirements of this by-law have not been fulfilled, the information
provided on the Application is false or incorrect and/or the Application is
otherwise not to the satisfaction of the Tree Preservation By-law Officer;
b)
an application for subdivision approval or consent related to lands on which the
Tree is located has been submitted to the Corporation and has not received draft
approval or provisional consent;
c)
a rezoning application, an application for site plan approval, or an application to
amend the official plan related to the lands on which the Tree is located has been
submitted to the Corporation and has not received final approval;
d)
an application for site alteration permit related to the lands on which the Tree is
located has been submitted to the Corporation and has not received final
approval;
The Corporation of the City of Richmond Hill
By-law 19-25
Page 10
e)
the Tree is an endangered species as defined in the Endangered Species Act or
the Species at Risk Act, 2002;
f)
approval would be in contravention of the Migratory Birds Convention Act, 1994;
g)
issuance of a permit pursuant to any by-law of the Regional Municipality of York
prohibiting or regulating the destruction or injuring of trees in designated
woodlands made pursuant to Section135(2) of the Municipal Act, 2001 is
required; or
h)
approval is inconsistent with a Tree preservation plan approved by the
Corporation.
6.4
Permit issued - expiry date
Every Permit issued shall expire twelve (12) months after issuance.
6.5
Permit issued - expiry date, extended
Notwithstanding the expiry date referred to in Section 6.4, the Tree Preservation By-law
Officer may extend the expiration date of a Permit. In considering whether or not to
grant a request to extend a Permit, the Tree Preservation By-law Officer shall take into
account to what extent the work authorized by the Permit has occurred, and to what
extent the conditions of the Permit have been adhered to and in no case shall the Tree
Preservation By-law Officer extend a Permit so that the Permit remains in effect for
more than two (2) years from the original date of its issuance.
6.6
Permit issued - posted conspicuously
Following issuance of a Permit, the Permit shall be immediately posted by the Owner in
a conspicuous place on the subject property and the Permit shall remain posted until
the work is complete.
6.7
Permit Revoked- by Commissioner
The Tree Preservation By-law Officer may revoke a Permit issued pursuant to this by-
law if it was issued based on false or misleading information.
ARTICLE 7 - REVIEW OF DECISION ON PERMIT
7.1
Notice of Decision on Permit
After a decision is made by the Tree Preservation By-law Officer to refuse to issue or to
revoke a Permit, written notice of that decision shall be given by email to the Owner,
advising the Owner of the decision with respect to the Application or Permit. The written
notice to be given shall:
a)
set out the grounds for the decision; and
b)
give reasonable particulars of the grounds.
The notice shall be deemed to have been given on the day the email is sent unless sent
after 5 p.m., in which case notice shall be deemed to have been given on the following
day.
7.2
Review of Decision on Permit
An Owner who has been refused the issuance of a Permit or whose Permit has been
revoked may request a review of the refusal or revocation to the Commissioner within
15 days of the decision having been given by email by providing a written request with
reasons for the review, in person, by email, or by registered mail, to the Commissioner.
For greater clarity, such a review does not include a review of any condition imposed on
a Permit pursuant to this By-law.
The Corporation of the City of Richmond Hill
By-law 19-25
Page 11
7 .3
Decision of the Commissioner shall be final
If the Owner does not provide a written request for a review of a decision on a Permit
within 15 days of the decision having been given by email, the decision shall be final.
7.4
Review of materials received
Following a review of the materials received, the Commissioner may uphold, reverse or
vary the original decision, and/or may subject the Permit to conditions as they deem
appropriate. The Commissioner's decision on a review is final and binding.
7.5
Review not act as a stay
A review made under this Article does not act as a stay of any decision made by the
Commissioner or their delegate under this By-law, which shall take effect on the day it is
served or deemed served and shall continue to be effective until a decision indicating
otherwise has been rendered.
ARTICLE 8-WRITTEN COMPLIANCE ORDERS AND REMEDIATION
8.1
Written Compliance Order
Where a Person is in contravention with any of the provisions of this By-law, a Tree
Preservation By-law Officer may issue a Written Compliance Order to the Person to
discontinue the contravention and bring the nonconformance into conformity.
8.2
Contents of Written Compliance Order
The Written Compliance Order shall set out the reasonable particulars of the
contravention adequate to identify the contravention, the location of the land on which
the contravention occurred, and the date by which there must be compliance with the
Written Compliance Order. The Written Compliance Order may also provide that if the
Owner fails to correct the contravention, the Corporation may perform the work to
correct the contravention, at the expense of the Person.
8.3
Service of Written Compliance Order
A Written Compliance Order may be served by:
a)
personal service upon a Person; or
b)
prepaid registered mail sent to the last known address of the Person, or as
shown on the most recent records of the Corporation; or
c)
by email to the last known email address of the Person.
8.4
Deemed Receipt of Written Compliance Order
A Written Compliance Order is deemed to be received by a Person:
a)
in the case of personal service as in this Article;
b)
in the case of email, the service shall be deemed to have been made on the day
of sending unless, the document was sent after 5 p.m., in which case service
shall be deemed to have been made on the following day; and,
c)
in the case of mail, on the 5th day after it is mailed.
8.5
Person to Comply
A Person who has been served with a Written Compliance Order shall comply with the
requirements of the Written Compliance Order.
8.6
Failure to Comply - Remedial Work Done by Corporation
If a Person in receipt of a Written Compliance Order fails to correct the contravention
referred to in the Written Compliance Order by the date specified in the Written
The Corporation of the City of Richmond Hill
By-law 19-25
Page 12
Compliance Order, the Corporation, in addition to all other remedies it may have, may
enter onto the Person's property to do all work necessary to correct the contravention.
8.7
Exercise of Remedial Work
The Corporation's power to undertake remedial work to correct a contravention may be
exercised by the Commissioner, or any Person under their direction.
8.8
Recovery of Corporation's Costs of the Work
The Corporation's actual costs incurred in conducting the work associated with the
Written Compliance Order, including any administration fees as set out in the Tariff of
Fees By-law, shall be deemed to be a debt to the Corporation and may be collected by
action or added to the tax roll and collected in the same manner as municipal taxes.
ARTICLE 9 - ENFORCEMENT AND INSPECTION
9.1
Powers of Entry
A Tree Preservation By-law Officer may enter on a property within the City at any
reasonable time with proper identification for the purpose of carrying out an inspection
to determine whether or not the following are being complied with:
a)
the provisions of this By-law;
b)
a Written Compliance Order issued under this By-law; or
c)
to carry out remedial actions required in a Written Compliance Order that has not
been complied with.
9.2
Powers of Inspection
For the purposes of an inspection carried out pursuant to Section 9.2, a Tree
Preservation By-Jaw Officer may:
a)
require the production for inspection of documents or things relevant to the
inspection;
b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c)
require information from any Person concerning a matter related to the
inspection; and
d)
alone or in conjunction with a Person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for the
purpose of inspection.
9.3
Hindering or Obstructing
No person shall hinder or obstruct, or attempt to hinder or obstruct, a Tree Preservation
By-law Officer, or any Person under their direction, who is exercising a power or
performing a duty under this By-law.
ARTICLE 10 - OFFENCES AND PENAL TIES
10.1
Offence
Any person who contravenes any provision of this By-law or an order issued pursuant to
this By-law is guilty of an offence. Pursuant to subsection 429(2)(a) of the Municipal Act
all contraventions of this By-law or orders issued under this By-law are designated as
multiple offences and continuing offences. A multiple offence is an offence in respect of
two or more acts or omissions each of which separately constitutes an offence and is a
contravention of the same provision of the by-law. For greater clarity when multiple
The Corporation of the City of Richmond Hill
By-law 19-25
Page 13
Trees are Injured or Destroyed the Injury or Destruction of each Tree is a separate
offence. When the same Tree is Injured multiple times, each incident is a separate
offence.
10.2
Continuing Offence
Where a Property is found to have been in contravention of any provision of this By-law,
and the contravention has not been corrected, the contravention of the provision shall
be deemed to be a continuing offence for each day that the contravention remains
uncorrected.
10.3
Fines- for contravention
On conviction of an offence under this By-law a person is liable to a fine in accordance
with subsection 429 of the Municipal Act and the following rules made pursuant to
subsection 429 of the Municipal Act:
a)
The maximum fine for an offence shall be $100,000.00;
b)
In the case of a continuing offence, for each day or part of a day that the offence
continues, the maximum daily fine shall be determined as set out in subsection
(a) above. However, despite subsection (a) above, the total of all daily fines for
the offence is not limited to $100,000.00; and
c)
In the case of a multiple offence, for each offence included in the multiple
offence, the maximum fine shall be determined as set out in subsection (a)
above. However, despite subsection (a) above, the total of all fines for each
included offence is not limited to $100,000.00.
10.4 Special Fines - No Maximum
On conviction of an offence under this By-law a person is liable to a special fine in
accordance with subsection 429(2)( d) of the Municipal Act. The amount of the special
fine will be the maximum fine as provided for in the By-law to which may be added the
amount of economic advantage or gain that the person has obtained or can obtain from
the contravention of the By-law and/or order issued pursuant to this By-law. Pursuant to
subsection 429(3)(1) of the Municipal Act a special fine may exceed $100,000.00.
10.5
Presumption - Owner
If a contravention of this By-law or an order is issued pursuant to this By-law, the
contravention is presumed to have been committed by the Owner of the property on
which the contravention has occurred unless otherwise proven by the Owner.
10.6 Administrative Monetary Penalties
(a) In lieu of laying a charge under the Provincial Offences Act for a breach of any
provision of this By-law, a Tree Preservation By-law Officer or Municipal By-law
Enforcement Officer may issue a Penalty Notice to the Person who has
contravened this By-law in accordance with the service requirements of the
Corporation's Administrative Penalty By-law. For greater certainty, the Tree
Preservation By-law Officer or Municipal By-law Enforcement Officer has the
discretion to either proceed by way of an administrative penalty or a charge
pursuant to the Provincial Offences Act, if an administrative penalty is issued to a
Person for the breach, no charge shall be laid against that same Person for the
same breach.
(b) A Person served with a Penalty Notice shall be liable to pay to the Corporation
an administrative penalty in the amount specified in Schedule "A" of the
Administrative Penalty By-law. An administrative penalty for a contravention of
this By-law that is not paid within 15 days after the day it becomes due and
payable, constitutes a debt of the Person to the Corporation and may be added
to a municipal tax roll and collected in the same manner as municipal taxes for
which all Owners are responsible to pay.
(c) A Person who is issued a Penalty Notice shall be subject to the procedures as
--------------·--- ---"-------··----·--~------------------
The Corporation of the City of Richmond Hill
By-law 19-25
Page 14
provided for in the Administrative Penalty By-law.
ARTICLE 11 - GENERAL
11.1
Severability
If a court of competent jurisdiction declares any provision, or any part of a provision of
this By-law to be invalid or to be of no force and effect, it is the intention of the Council
in enacting this By-law, that each and every other provision of this By-law authorized by
law, be applied and enforced in accordance with its terms, to the extent possible,
according to law.
The Corporation of the City of Richmond Hill
By-law 19-25
Page 15
Schedule 'A' - Measurement of DBH
1. Tree has branches or bumps which interfere with DBH measurement. Measure
DBH below the branch or bump.
)
-
I
11.4m
I I
! I t
--------------
---------------·-··-·-··-·--.. ---,----- --,-·--·-"-<"--·--·---------------
The Corporation of the City of Richmond Hill
By-law 19-25
Page 16
2. Vertically growing tree is on a slope or leaning tree. Measure diameter 1.4 m
from the ground at the midpoint of the trunk parallel with the slope of the trunk.
1.4m
L.---------------------~
The Corporation of the City of Richmond Hill
By-law 19-25
Page 17
3. Tree forks below DBH or near DBH. The measurement is recorded at the
narrowest part of the main stem below the fork.
4. Tree splits into several trunks close to ground level. Measure DBH of each trunk
separately, using the principles shown in categories 1-3 above. Square the DBH of
all trunks. The DBH for the Tree is found by taking the square root of the sum of all
of the squared trunk DBHs.
i"
j
,'
I I
5. Only a tree stump remains. The DBH of the missing Tree will be calculated using
the following formula or other method of measurement deemed acceptable by the
Commissioner:
DBH = Os -(Ds/10+1)
Where DBH means Diameter at Breast Height
And Os means stump diameter.
--~~--------------------------