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The Corporation of the Town of Saugeen Shores
By-law 96-2025
Being a by-law to conserve, protect, prohibit and regulate the Destruction
and Injury of Trees on Private Property within the Settlement Area Boundary
Whereas the Council of the Town of Saugeen Shores is authorized, without limiting its broad
municipal powers, by subsection 11(2) and sections 135 and 139 to 141 of the Municipal Act,
2001, S.O. 2001 c.25, as amended (the "Municipal Act, 2001"), to regulate the destruction
and injuring of trees by requiring a permit to be obtained, and to impose such conditions related
to the manner in which the destruction or injury occurs, and the qualifications of the persons
authorized to injury or destroy trees; and
Whereas section 23.2 of the Municipal Act, 2001 permits a municipality to delegate certain
legislative and quasi-judicial powers; and
Whereas section 391 of the Municipal Act, 2001 provides that a municipality may impose fees
and charges on persons; and
Whereas sections 425, 426, 429, 431, 433, 434.1 and 434.2, 435, 436, 438, 440, 441.1,
444, 445 and 446 of the Municipal Act, 2001 authorize a municipality to create offences and to
establish a system of fines and other enforcement orders; and
Whereas the Council of the Town of Saugeen Shores has determined that not all Trees on
Private Property are adequately regulated through other laws, by-laws, policies and
procedures and desires to regulate the Injury or Destruction of sp e ci f i c trees and to
encourage the preservation and planting of trees within the Settlement Area Boundary, as
identified herein;
Now Therefore Be it Resolved that, the Council of the Town of Saugeen Shores enacts as
follows:
Part 1: Short Title
1.1
This By-law may be cited as the "Urban Tree Conservation By-law".
Part 2: Definitions
2.1
For the purpose of this by-law, the following definitions apply:
"Administrative Monetary Penalty System By-law" or "AMPS By-law" means the current
Town of Saugeen Shores Administrative Monetary Penalty System By-law.
"Administrator" means a Manager within the Department with responsibility for
administering this By-law or their Designate.
"Applicant" means an Owner of a Lot or the Owner's authorized representative.
"Application" or "Tree Permit Application" means a complete Tree Permit Application.
"Application Processing Fee" means the Fee charged by the Town for the
administration of a Tree Permit Application under this By-law as may be prescribed from
time to time in the Fees and Charges By-law.
"Arborist Report" means a technical report prepared by a Qualified Tree Professional
which details specific and accurate information and mapping regarding Trees, including
but not limited to location, species, size, condition, structural integrity, disease,
infestations and vitality, and identifies the nature of work to be undertaken as well as
appropriate Tree protection and preservation measures to be implemented according to
the Guidelines for Tree Protection and Planting.
"Compliance Inspection Fee" means the Fee charged by the Town for an inspection to
confirm compliance with this By-law or any Order issued under this By-law as may be
prescribed from time to time in the Fees and Charges By-law.
"Council" means the Council for the Corporation of the Town of Saugeen Shores.
"Dead" means void of living tissue.
"Deface" includes but is not limited to the painting or carving of words, figures, symbols or
any other markings on the bark of a tree.
"Designate" means any Person acting with express authority conferred in writing by the
Administrator or Director, as the case may be, and may include but is not limited to Town
employees or Qualified Tree Professionals hired by the Town.
"Destroy", "Destruction" or "Destroyed" means to remove, cut down or otherwise cause
significant physical harm or damage to a Tree, including but not limited to girdling, poisoning,
or burning, to such extent that the Tree is Dead or no longer viable and unlikely to regain
vitality.
"Diameter at Breast Height" or "dbh" means the:
(b)
measurement of the diameter of the trunk of a tree from the outside bark at a height
of 1.37 meters above the existing ground adjoining its base; or,
(b)
where there are multiple stems of a tree, means the square root of the sum of each
stem diameter squared measured from the outside bark at a height of 1.37 meters.
"Director" means the Director of the Department with responsibility for administering this By-law
or their Designate.
"Emergency Tree Work" means:
(a)
any work requiring the Destruction of a Tree where the likelihood of Tree failure is
imminent or a Tree or part of Tree is in active failure; or
(b)
where a Tree must be Injured or Destroyed to conduct work in Order to address an
immediate danger to the health and safety of any Person or property.
"Fee" or "Fees" means the fees and charges referred to herein and are prescribed in the
Fees and Charges By-law.
"Fees and Charges By-law" means the current Town of Saugeen Shores Charges By-
law to impose fees and charges passed pursuant to section 391 of the Municipal Act, 2001.
"Good Arboricultural Practice" means the removal, planting and Tree maintenance
activities in accordance with the most recent techniques or methods of Tree management
recommended by the International Society of Arboriculture or their successor, conducted
to the satisfaction of the Administrator.
"Guidelines" includes the Tree Protection and Planting Guidelines and any other
guidelines, policies, specifications and/or processes followed by the Town involving trees.
"Hazardous Materials" includes any contaminant that can or has the potential to harm
the natural environment and is capable of posing a risk to the health of a tree, including
but not limited to fertilizers, pesticides or other chemicals or substances.
"High-Risk Tree" means a destabilized or structurally compromised Tree where there is a
high-risk of failure, but the failure is not imminent
"Injure" or "Injury" or "Injured" means any act or omission that physically harms
or damages or has the potential to physically harm or damage a Tree's health or structure
in any manner, including but not limited to any of, or a combination of, the following:
(a)
Removing, carving, drilling, cutting, girdling, or smothering of a Tree or its roots;
(b)
Pruning that does not follow Good Arboricultural Practice;
(c)
Interfering with the water supply to a Tree;
(d)
Setting fire to a Tree;
(e)
Transplanting a Tree;
(f)
Compaction, excavation, re-grading or performing any operations within the Tree
Protection Zone; and
(g)
Any other damage resulting from neglect or by design.
"Invasive Tree" means any Tree that is classified as prohibited or restricted as defined in
the Invasive Species Act, 2015, SO 2015, c. 22, or if the Tree is listed as a noxious weed
as defined by the Weed Control Act, RSO 1990, c. W.5.
"Lot" means a parcel of land having specific boundaries and is capable of legal transfer.
"Notices" means a notice of revocation issued by the Administrator in accordance with
this By-law.
"Nursery" means a Lot on which the principal active business is the selling of plants,
shrubs and Trees to the public.
"Officer" means a Person appointed pursuant to the Community Safety and Policing Act,
or any successor legislation, as a municipal law enforcement Officer; a By-law
Enforcement Officer retained or employed by the Town; a Person appointed under this By-
law to administer or enforce this By-law, including a Person employed by the Town whose
duties are to administer or enforce this By-law, or other By-laws enacted by the Town from
time to time.
"Orchard" means a Lot on which the principal active business is the growing of fruit for sale
to the public.
"Order" means an Order to Discontinue Activity or an Order to Remedy, as the context
requires.
"Owner" means all registered owners of the Lot as identified in the Land Registry Office for
Bruce County (LRO#3) and includes any successors and assigns in title.
"Permit Extension Fee" means the Fee charged by the Town to extend a Tree Permit
under this By-law in the Fees and Charges By-law.
"Permit Holder" means:
(a)
the Owner of a Lot for which a Tree Permit has been issued; or
(b)
the Owner's authorized representative that has obtained a Tree Permit on behalf of
the Owner.
"Permit Issuance Fee" means the Fee charged by the Town under this By-law when a
Tree Permit is issued as may be prescribed from time to time in the Fees and Charges
By-law.
"Permit Transfer Fee" means the Fee charged by the Town to transfer or assign a Tree
Permit under this By-law as may be prescribed from time to time in the Fees and Charges
By-law.
"Person" means an individual, sole proprietorship, partnership, association, company or
corporation.
"Private Property" means any and all real property or land, other than Town
Property or real property or land that is in the care and/or control of either the
Corporation of the County of Bruce, Province of Ontario, Government of Canada (including
First Nations Reserves) or Saugeen Valley Conservation Authority Crown.
"Pruning" means the removal of branches from a Tree in accordance with Good
Arboricultural Practice.
"Qualified Tree Professional" means a professional who has gained recognized
certifications, qualifications and expertise in the care and management of Trees.
Recognized certifications and qualifications for Qualified Tree Professionals include:
(a)
Registered Consulting Arborist (RCA) with the American Society of Consulting
Arborists (ASCA);
(b)
Certified Arborist, Board Certified Master Arborist, or Arborist Municipal Specialist
with the International Society of Arboriculture (ISA); or
(c)
Registered Professional Forester (RPF) as defined in the Professional Foresters Act,
2000, SO 2000, c.18, with urban forestry experience.
"Replacement Tree" or "Replacement Trees" means a t ree(s) of a particular size and
species as determined by the Administrator, in accordance with Schedule 1, that is required
to be planted t o replace a Tree approved for Destruction pursuant to a Tree Permit.
"Replacement Tree Schedule" means the table attached as 'Schedule 1 ', which is used
by the Administrator to calculate the number of Replacement Trees, or cash in lieu of a
Replacement Tree, that is to be planted or paid by a Tree Permit Holder when a Tree is
Destroyed pursuant to a Tree Permit.
"Replacement Tree Security" means the Fee charged by the Town, to be held as a
security deposit, pending compliance with a Tree Replacement Plan submitted under this
By-law, as may be prescribed from time to time in the Town's Fees and Charges By-law.
"Reserve Fund" means a reserve fund established by Council for the purpose of tree
planting initiatives within the Town of Saugeen Shores.
"Settlement Area Boundary" means the lands identified in Schedule C- Built-Up Area of the Towns
Official Plan. .
"Terminal Condition" means the advanced and irreversible decline in physiological
and/or structural condition of a Tree, that has resulted in the majority of crown die- back
or failure, due to abiotic or biotic factors and/or severe insect infestation or infection by
a pathogen.
"Town" means The Corporation of the Town of Saugeen Shores.
"Town Property" means any and all real property or land owned by the Town or within
the Town's jurisdiction located within the geographical boundaries of the Town of
Saugeen Shores.
"TRAQ Report" means a report prepared by a Qualified Tree Professional who is a
qualified Tree risk assessor in accordance with the ISA Tree Risk Assessment
Qualification.
"Tree Protection By-law - Town Property" means Town of Saugeen Shores By-law
95-2025.
"Tree Protection and Planting Guidelines" means the most recent version of the
Town of Saugeen Shores' Guidelines for Tree Protection and Planting, as amended
and replaced from time to time.
"Tree" or "Trees" means any species of woody perennial plant, including its root system
that can reach or has reached a height of at least 4.5 m (15 feet) at physiological maturity.
"Tree Permit" means a permit issued under this By-law.
"Tree Protection Zone" means the minimum setback from a Tree (including above and
below ground level) required to protect the health and structural integrity of a Tree as
prescribed by the Tree Protection and Planting Guidelines.
"Tree Replacement Plan" means a scaled two-dimensional plan that identifies the
location, species, and size of Trees proposed for planting and illustrates planting
details.
"Tree Retention Plan" means a document outlining how existing trees on an existing site
approved through a development application will be protected during development, as
required by the Town during a development process.
Part 2: By-Law Title
2.1
The short title of this By-law shall be the "Urban Tree Conservation By-law".
Part 3: Application
3.1
This By-law applies to Trees on Private Property of 1 hectare (2.47 acres) or greater
within the Settlement Area Boundary and zoned Planned Development (PD) or
Environmental Protection (EP).
3.2
Nothing in this By-law shall exempt any Person from complying with any other
By-law or requirement of the Town, including but not limited to obtaining any certificate,
licence, permission, permit, authority or approval required by the Town.
3.3
Nothing in this By-law, or a Tree Permit issued pursuant to this By-law, is to be
construed as permitting anything which is prohibited under federal or provincial
legislation, and where there is a conflict in this respect between federal or provincial
legislation and this By-law, the federal or provincial legislation shall prevail.
Part 4: Exemption From By-Law
4.1
This By-law does not apply to:
(a)
Trees located on Town Property;
(b)
Trees located in a Nursery or Orchard;
(c)
In connection with activities or matters undertaken by the Town or an affiliated local
board or committee;
(d)
In connection with activities or matters undertaken under a licence issued
under the Crown Forest Sustainability Act, 1994, SO 1994, c.25;
(e)
By a Person licensed under the Surveyors Act, RSO 1990, c.S.29 to engage
in the practice of cadastral surveying or his or her agent, while making a
survey;
(f)
Any Trees outlined in an Environmental Impact Study in support of any
applications or agreements pursuant to the Planning Act, RSO 1990, c.P.13,
as it relates to satisfying the conditions to the approval of a site plan, a plan of
subdivision, or consent under sections 41, 51 or 53 of the Planning Act, or as
a requirement of a site plan, subdivision agreement entered into under those
sections of the Planning Act;
(g)
For the purpose of satisfying a condition to a development permit authorized
by regulation made under section 70.2 of the Planning Act, as a requirement
of an agreement entered into under the regulation with the Town and on the
condition that the Person remains in compliance with the issued permit,
including remaining within the approved area;
(i)
A Tree subject to a Tree Retention Plan;
(j)
By a transmitter or distributor as defined in the Electricity Act, 1998, SO 1998,
c.15, Sched. A and is for the purpose of constructing and maintaining a
transmission system or a distribution system as defined under that Act;
(k)
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,
RSO 1990, c.A.8;
(i)
To lawfully establish and operate or enlarge any pit or quarry on land
designated under the Aggregate Resources Act or a predecessor of that Act,
or on which a pit or quarry is a permitted land use under a by-law passed
under section 34 of the Planning Act;
(l)
If the Tree is under the care and/or control of either the Corporation of the
County of Bruce, Province of Ontario, Government of Canada (including First
Nations Reserves) or Saugeen Valley Conservation Authority; and
(m)
The Injury or Destruction of a Tree is necessary for the installation of a
driveway in accordance with an issued permit by the Town of Saugeen
Shores, Ministry of Transportation or other relevant authorities and on the
condition that the Person remains in compliance with the issued permit,
including remaining within the approved area.
Part 5: Authority
5.1
The Director is authorized to:
(a)
prescribe the form of any notices, applications, permits, policies, guidelines,
and documents required or permitted pursuant to this By-law, and to amend
or revise such notices, applications, permits, policies, guidelines or
documents from time to time;
(b)
impose, amend or revise the Town's standards and specifications
relating to this By-law; and
(c)
conduct reviews under Part 7 of this By-law.
5.2
The Administrator is authorized to:
(a)
carry out inspections;
(b)
issue Notices and Orders under this By-law;
(c)
issue, refuse, revoke, extend, transfer, or assign Tree Permits; and
(d)
establish conditions related to Tree Permits.
5.3
Officers are authorized to enforce this By-law and shall have the authority to:
(a)
carry out inspections;
(b)
issue Orders or impose other requirements as authorized under this By-law;
and
(c)
give immediate effect to any Orders or other requirements made under this
By-law.
Part 6:
Prohibitions
6.1
No Person shall do any of the following, or cause or permit to be done to a Tree or a
Replacement Tree, within the Settlement Boundary Area and zoned Planned
Development (PD) or Environmental Protection (EP) on Private Property of 1
hectare (2.47 acres) or greater, without obtaining a Tree Permit, the following:
(a)
Injure or Destroy all or part of a Tree; or
(b)
Deface, tack, paste or otherwise attach a sign or note or any other thing or
object to a Tree; or
(c)
Store Hazardous Materials around the Tree Protection Zone of a Tree; or
(d)
Apply Hazardous Materials to a Tree; or
(d)
Spill Hazardous Materials within the Tree Protection Zone of a Tree.
6.2
No Person shall contravene, or cause or permit a contravention, either directly or
indirectly, a Tree Permit issued pursuant to this By-law.
6.3
No Person shall fail to comply with an Order issued under this By-law.
6.4
No Person shall hinder or obstruct or attempt to hinder or obstruct, either directly
or indirectly, the Director or their Designate, the Administrator or their Designate,
or an Officer, or any other person who is exercising a power or performing a duty
under this By-law.
6.5
No Person shall pull down, remove or Deface an Order posted under this By-law.
6.6
No Person shall fail to produce or post a Permit, as required under this By-law.
6.7
No Person shall, after the Destruction or Injury of Diseased Tree(s), fail to produce an
Arborist Report immediately upon the request of the Director, Officer or their
Designate.
6.8
No Person shall fail to comply with an Order that has been issued pursuant to section
431 of the Municipal Act, 2001.
No Person shall hinder or obstruct, or attempt to hinder or obstruct, any Officer exercising
a power or performing a duty under an order issued by a provincial judge or justice of the
peace under section 438 of the Municipal Act, 2001.
Part 7: Tree Permits And Tree Conservation
Tree Permits - Applications
7.1
A Person seeking to Injure or Destroy a Tree shall apply for a Tree Permit by
submitting to the Administrator the following:
(a)
a completed Tree Permit Application in the Town's prescribed form;
(b)
a non-refundable Application Processing Fee, subject to section 7.4 of this
By-law;
(c)
a drawing or sketch showing the location of the Tree(s) to be Injured or
Destroyed or retained; ;
(d)
if the Person who is applying for the Tree Permit is not the Owner of the
Lot where the subject Tree is located, the written consent of the Owner;
(e)
if the Tree is a Boundary Tree, the written consent of the adjacent property
Owner;
(i)
if seeking to Destroy a Tree, a Tree Replacement Plan in a form satisfactory
to the Administrator;
(f)
an Arborist Report, if required by the Administrator;
(g)
a report completed by a Qualified Tree Professional, which may include, but
is not limited to, a TRAQ Report, for the purpose of determining if the
proposed work is able to proceed to the satisfaction of the Administrator;
(h)
any revised or additional information or documentation that may be required
by the Administrator to determine if a Tree Permit should be issued; and
(i)
a written commitment that the removal of any healthy Trees will be
compensated with either the planting Replacement Trees on the subject
property in accordance with the Replacement Tree Schedule, or payment
in lieu of compensation at a rate determined by the Administrator.
7.2
Upon completion of those requirements outlined in section 7.1 above, which are at
the Administrator's sole discretion, and prior to the issuance of a Tree Permit, the
Applicant shall do the following:
(a)
pay the applicable Permit Issuance Fee;
(b)
pay the applicable Replacement Tree Security, as determined by the
Administrator;
(c)
pay the Replacement Tree Fee, if applicable; and
(d)
sign or produce any additional documentation requested by the
Administrator, acting reasonably.
7.3
Upon satisfaction of those conditions contained in sections 7.1 and 7.1
above, which are at the Administrator's sole discretion, the Administrator
shall deem the Tree Permit Application Complete and, within thirty (30)
days, shall do one of the following:
(a)
issue a Tree Permit with or without conditions, in accordance with section 7.6
of this By-law;
(b)
refuse to issue a Tree Permit for any of the reasons stated in section 7.7 of
this By-law;
(c)
advise the Applicant that no Tree Permit is required for the work proposed
in the Application, and in that case, no further fee shall be payable; or
(d)
where an application for rezoning or building permit, official plan
amendment, a consent, a minor variance, a plan of subdivision or a site
plan to the Lot on which the Tree is located has been submitted to the
Town, but has not received final approval, inform the Applicant that any
Tree Permit Application(s) associated with the subject Lot will be
considered together with and will be dependent upon any final approvals
associated with those other types of applications.
7.4
If an Applicant for a Tree Permit:
(a)
does not provide the information or documents required under sections 7.1
and 7.2 within the time specified by the Administrator; or
(b)
has not taken any active steps to complete the Tree Permit Application
process within one (1) year, the Tree Permit Application shall be deemed
incomplete and withdrawn. The Applicant shall not be entitled to a refund of
any prescribed Fees paid. The Administrator may close the Tree Permit
Application file when the Applicant withdraws or is deemed to have withdrawn
the Application.
Tree Permits - Fee Exemptions
7.5
The Application Processing Fee and Permit Issuance Fee are waived for a Tree
Permit Application if any of the following conditions apply:
(a)
the Tree is Dead, as determined to the satisfaction of the Administrator;
(b)
the Tree has a Terminal Condition, as determined to the
satisfaction of the Administrator;
(c)
the Tree is Invasive, as determined to the satisfaction of the
Administrator;
(d)
the Tree is a High-Risk Tree, as determined to the satisfaction of the
Administrator;
(e)
the Injury or Destruction of the Tree is undertaken or required by a
recognized not-for-profit organization in association with a shared interest
or agreement in the planning and development of housing, to the
satisfaction of the Administrator; or
(f)
the Tree is in conflict with work or activities that are necessary to remedy
or prevent a deficiency affecting a Person or property associated with
underground infrastructure or the structural integrity of a building, as
confirmed through the supply of supporting documentation including, but
not limited to, reports from contractors and/or engineers, as determined to
the satisfaction of the Administrator.
Tree Permits - Reasons To Issue (May Waive Requirement For A Tree Permit - Arborist Report).
7.6
Upon deeming a Tree Application complete in accordance with Part 7 of this By-
law, the Administrator may issue a Tree Permit for the Injury or Destruction of a
Tree if one of the following are present:
(a)
the Tree is Dead, as determined to the satisfaction of the Administrator;
(b)
the Tree has a Terminal Condition, as determined to the satisfaction of the
Administrator;
(c)
the Tree is a High-Risk Tree, as determined to the satisfaction of the
Administrator;
(d)
the Tree is Invasive, as determined to the satisfaction;
(e)
despite subsections 7.7(b) and (c) of this By-law, where there will be no
negative impacts to flood or erosion control or slope stability that cannot be
adequately mitigated and:
(i)
the Tree is in conflict with a pool enclosure, and the Administrator
determines that there are no reasonable alternatives to the Injury or
Destruction of the Tree; or
(ii)
the Tree is causing or is likely to cause damage to underground
infrastructure or the structural integrity of a building; or
(iii)
the Tree is to be relocated and the Administrator is satisfied that the
Tree will be sufficiently prepared for relocation; or
(iv)
the Owner has submitted an Arborist Report to the satisfaction of the
Administrator, and it is reasonably determined by the Administrator that
i.
the Injury is minor in nature;
ii.
the remedial and/or mitigative measures proposed by the
Applicant are satisfactory; and
iii.
the Tree is likely to continue to survive in good condition; or
(v)
none of subsections 7.6(e)(i) -(iv) are applicable however the
Administrator determines that there are no reasonable alternatives to
the Injury or Destruction of the Tree.
Tree Permit - Conditions
7.7
The Administrator may impose conditions as a requirement of obtaining or continuing
to hold a Tree Permit under this By-law, which may include, but are not limited to, one
or more of the following:
(a)
to plant Replacement Tree(s) in accordance with the Tree Replacement Plan
and Guidelines within the time specified on the Tree Permit;
(b)
that any Replacement Tree(s) shall be planted and maintained in good
condition for a minimum of three (3) years from the date of planting;
(c)
that any work conducted on a Tree shall be in accordance with the
Guidelines;
(d)
in the event any Replacement Tree(s) required under subsection 7.7(a) of this
By-law should die within three (3) years of planting, to plant new Replacement
Tree(s) and maintain such Replacement Tree(s) in good condition for a
minimum of two (2) years from the date of planting;
(e)
to deliver Replacement Tree Security in a form satisfactory to the
Administrator, to cover the cost of the Replacement Tree(s). The
Replacement Tree Security shall be released without any interest thereon
upon confirmation by the Administrator that any Replacement Tree(s) have
been planted as required. In the event the Permit Holder fails to plant
Replacement Tree(s), as required, the Replacement Tree Security shall be
permanently forfeited by the Permit Holder and shall be deposited by the
Treasurer into the Reserve Fund;
(f)
where a Replacement Tree(s) cannot physically be located on the Lot on
which the Tree will be Injured or Destroyed, the Applicant is to pay the
Replacement Tree Fee, which shall be deposited by the Treasurer into the
Reserve Fund;
(g)
to perform any work authorized by a Tree Permit under the supervision of a
Qualified Tree Professional;
(h)
to provide a report completed by a Qualified Tree Professional following the
completion of the work authorized or required by the Tree Permit;
(i)
to contact the Town's Development Services Department for inspection as
required by the Tree Permit;
(j)
to restore the site of where the subject Tree is/was located to its original
condition;
(k)
to establish a Tree Protection Zone and install and maintain protective fencing
around any Tree including horizontal (on grade) root protection in
accordance with the Guidelines, the approved Tree Protection Zone, and
Arborist Report to the satisfaction of the Administrator;
(l)
to conduct work authorized by the Tree Permit in accordance with the
Guidelines; and/or
(m)
to comply with such other reasonable conditions that the Administrator deems
necessary for the purpose of regulating the Injury or Destruction of a Tree.
Tree Permit - Refusals or Suspension, Alternation or Revocation
7.8
The Administrator may refuse to issue a Tree Permit on any of the following grounds:
(a)
the Tree Permit Application is incomplete;
(b)
one (1) year has lapsed since the Tree Permit Application process
commenced;
(c)
the Tree Permit Application is for the Destruction or Injury of a healthy Tree and
there are reasonable alternatives to the Injury or Destruction of the Tree;
(d)
the methods proposed in the Tree Permit Application or the results to be
achieved are, in the opinion of the Administrator, not in accordance with Good
Arboricultural Practice;
(e)
a Person or property will be adversely affected;
(f)
a nuisance may occur;
(g)
as a result of the removal of a Tree, flood or erosion control, slope stability
or the ecological integrity of a natural area may be negatively affected; or
(h)
any permissions or approvals required by this By-law have not been obtained.
7.9
The Administrator may immediately suspend, alter, or revoke a Tree Permit where:
(a)
any term or condition of a Tree Permit, or Guidelines, are not complied with;
(b)
on recommendation from a Qualified Tree Professional;
(c)
any Order issued under this By-law has not been complied with;
(d)
a situation of immediate threat or danger to any Person or property exists;
(e)
any of the reasons for which the Administrator could have refused to issue a
Tree Permit under this By-law arise; or
(f)
the Tree Permit was issued because of mistaken, false or incorrect
information received by the Administrator.
7.10
If the Administrator refuses to issue a Tree Permit, or alters, suspends or revokes a
Tree Permit, the Administrator shall give written notice of its decision to the
Applicant or Permit Holder, as the case may be, by electronic mail or regular mail in
accordance with the contact information provided on the Tree Permit Application and
shall be deemed to have been given on the day it is emailed or the third (3rd) day after
it is mailed. If written notice is to a corporation, the notice shall be sent by registered
mail to the address of the corporation's registered head office, or by electronic mail if
requested by the corporation.
7.11 Any notice of decision by the Administrator shall include the grounds for the decision,
reasonable particulars of the grounds, and be signed by the Administrator or their
Designate.
7.12 Upon receipt of a notice of a revocation of a Tree Permit, the Permit Holder shall
immediately cease all activities being conducted under the Tree Permit or ensure the
immediate termination of all activities for which a Tree Permit had been issued.
Tree Permit - Miscellaneous
7.13 A Tree Permit is non-transferable or assignable unless written consent has been
obtained from the Administrator, at their sole discretion, and upon payment of the
prescribed Permit Transfer Fee.
7.14 A Tree Permit expires on the earlier of:
(a)
the expiry date indicated on the Tree Permit;
(b)
one (1) year from the date of issuance; or
(c)
on service of a Notice of Revocation by the Administrator.
7.15 Notwithstanding subsection 7.14(a) and (b) of this By-law:
(a)
on request of the Permit Holder by completing the prescribed request form
and payment of the prescribed Permit Extension Fee, the Administrator may
extend the expiration date of a Tree Permit up to a maximum of one (1) year;
(b)
in determining whether to grant a request to extend under subsection 7.15(a),
the Administrator may consider:
(i)
the extent of completion of work authorized by a Tree Permit;
(ii)
the Permit Holder's compliance with this By-law; and
(iii)
any conditions of the Tree Permit;
(c)
a Permit Holder can only apply for one extension of a deadline in a Tree
Permit.
7.16 A Permit Holder shall immediately inform the Administrator of any change to the
following:
(a)
information contained in the Tree Permit Application;
(b)
information contained in a Tree Permit that has been issued;
(c)
the characteristics of the work for which the Tree Permit has been issued; or
(d)
the cancellation of the work for which the Tree Permit was obtained,
and the Administrator may require further additional information or documentation from
the Permit Holder, as well as additional Fees, or a new Tree Permit Application.
7.17 When undertaking any work under a Tree Permit, the Permit Holder shall at all times
post the Tree Permit in a conspicuous place on the Lot on which the work under the
Tree Permit is being conducted for the duration of the work.
Tree Permit - Exceptions
7.17 In circumstances where a Tree Permit is required, but Emergency Tree Work is or
was necessary, the Owner of the Lot on which the subject Tree is or was located,
shall:
(a)
notify the Administrator in writing within one (1) business day of the
Emergency Tree Work being performed;
(b)
remit payment of any applicable Fee to the Administrator had a Tree Permit
Application been completed;
(c)
provide documentation requested by the Administrator, which may include, but
is not limited to, an Arborist Report, engineering reports, work orders,
locates, photographs, including those associated with the size and height of
the subject Tree(s), and measurement of the distance to any nearby building
or structure; and
(d)
complete a Tree Permit Application, if required by the Administrator.
Tree Permits - Appeal To Director
7.18 A Person who has received a notice of refusal or revocation, or an Applicant who
objects to a condition attached to the Tree Permit, or an Applicant who has not
received a decision from the Administrator within thirty (30) days pursuant to
Section 7.3, may request a review by the Director.
7.19 Such review shall be made by written notice received by the Town Clerk within
seven (7) days after the date of the refusal or revocation or the issuance of the
conditional Tree Permit, as the case may be.
7.20 Upon considering the review, the Director may recommend that the Manger or their
Designate refuse the Tree Permit, revoke the Tree Permit, issue the Tree Permit or
issue the Tree Permit upon such conditions as the Director considers appropriate.
7.21 The Director's decision under this Part 7 is final.
Part 8: Enforcement, Remedial Actions and Recovery of Expenses
Entry and Inspections
8.1
A Person authorized to enforce this By-law may enter on any land, including Private
Property, at any reasonable time and in accordance with the conditions set out in
the Municipal Act, 2001 for the purpose of carrying out an inspection to determine
whether or not the following are being complied with:
(a)
an Order or other requirement under this By-law, including any policy
or guideline made or issued in connection to this By-law;
(b)
the Tree Permit or a condition of a Tree Permit issued under this By-law; or
(c)
an Order made under section 431 of the Municipal Act, 2001.
8.2
For the purposes of the inspection under section 8.1 and in accordance with the
conditions set out in section 436 of the Municipal Act, 2001, a Person authorized to
enforce this By-law 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 in writing or otherwise as required by an Officer 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 purposes of the inspection.
8.3
Any Person authorized to enforce this By-law may undertake an inspection
pursuant to an Order issued by a provincial judge or justice of the peace under
section 438 of the Municipal Act, 2001, in accordance with the conditions set out in
that section, where they have been prevented or is likely to be prevented from
carrying out an inspection under this By-law.
8.4
Any Person who is alleged to have contravened any of the provisions of this By-
law shall identify themselves to the Officer upon request, failure to do so shall be
deemed to have obstructed or hindered the Officer in the execution of their duties.
Power To Make Orders - Remedial Action
Order To Discontinue Activity
8.5
If an Officer is satisfied that a contravention of this By-law or a Tree Permit has
occurred, they may issue an Order to Discontinue Activity requiring the Person
who contravened the By-law or the Tree Permit, or who has caused or permitted
the contravention, to discontinue the contravening activity.
8.6
An Order to Discontinue Activity under section 8.5 shall set out:
(a)
reasonable particulars of the contravention sufficient to identify the
contravention and the location of the Lot on which the contravention
occurred; and
(b)
the date or dates by which there shall be compliance with the Order,
which may be of immediate effect should the Officer determine that the
circumstances warrant.
Order To Remedy
8.7
If an Officer is satisfied that a contravention of this By-law or a Tree Permit has
occurred, they may issue an Order to Remedy requiring the Person who has
contravened this By-law or the Tree Permit or who caused or permitted the
contravention or the Owner or any Person occupying the subject property on which the
contravention occurred, to do work to correct or rectify the contravention.
8.8
An Order to Remedy issued pursuant to section 8.7 shall set out:
(a)
reasonable particulars of the contravention sufficient to identify the
contravention and the location of the Lot on which the contravention
occurred;
(b)
the work to be completed by the Owner or any other Person who caused
or permitted the contravention in order to rectify the contravention, which
may include but is not limited to requiring the following:
(i)
that prior to performing any additional work or activities, all
necessary permits or other approvals be applied for and obtained;
(ii)
compliance with any of the conditions set out in section 7.7 of this
By-law;
(iii)
that any Injured or Destroyed Tree be replaced on the Lot with a
Replacement Tree(s), and further specify the species and
location of any Replacement Tree(s), or require payment of the
prescribed Replacement Tree Fee in lieu of planting a
Replacement Tree(s), which Replacement Tree Fee the
Treasurer shall deposit into the Reserve Fund;
(c)
the date or dates by which the work required by the Order to Remedy must be
completed;
(d)
a notice that if the work is not completed in compliance with the Order to
Remedy within a specified time period, then the work may be done at the
expense of the Person ordered to do the work; and,
(e)
the contact information of the Town's representative.
Orders - General
8.9
An Order under this By-law may require the Permit Holder, an Owner or any other
Person who caused or permitted the contravention, to pay a prescribed Compliance
Inspection Fee, or any other prescribed applicable Fee, by a specified date and
time.
8.10 If an Officer is satisfied that a contravention of this By-law or a Tree Permit has
occurred, the Owner of the Lot on which the subject Tree is located shall be
presumed to have or permitted the Injury or Destruction of the Tree or caused or
permitted the contravention of the conditions of a Tree Permit issued under this By-
law, as the case may be, which presumption may be rebutted by the Owner by
evidence to the contrary on a balance of probabilities.
Orders - Service
8.11 Any Order issued under this By-law may be served personally or may be sent by
registered mail to the Person contravening the By-law or may be posted in a
conspicuous place on the Person's property where the contravention occurred.
8.12 Where service of an Order under this By-law is served personally, it shall be deemed
to have been served on the date of delivery to the person or persons named in the
Order.
8.13 Where an Order issued under this By-law is sent by registered mail, it shall be sent to
the last known address of one or more of the following, as applicable:
(a)
the Person contravening the By-law;
(b)
the Person who caused or permitted the contravention;
and shall be deemed to have been served on the fifth (5th) day after the Order was
mailed.
8.14 Where an Order is posted at the subject Lot of the Person contravening the By-law or
who caused or permitted the contravention and it shall be deemed served on the
same day that the Order is posted.
8.15 An Order shall be served upon the Owner and upon, if known, any other Persons
responsible for the Injury or Destruction of the Tree.
Town-Initiated Remedial Action
8.16 If a Person is required under an Order or a Tree Permit under this By-law, to do a
matter or thing, then in default of it being done by the Person so required to do it, the
matter or thing may be done at the Person's expense under the direction of the
Director.
8.17 Where a Person does not comply with a requirement of this By-law or an Order or
a condition of a Tree Permit, the Administrator, with such assistance by others as
may be required, may carry out such requirement or condition at the Person's
expense.
8.18 The Administrator is authorized to give immediate effect to any requirement or
condition where the costs of carrying out the requirement or condition do not exceed
$10,000.00 and, where the costs do exceed $10,000.00, as Council may authorize.
8.19 The Town may recover the costs of doing any matter under sections 8.16 to
8.18 by means of any one or more of:
(a)
Commencing an action in the Superior Court of Justice;
(b)
Adding the costs to the tax roll of the Lot where the work was done and
collecting them in the same manner as property taxes and such costs shall
include an interest rate of 1.5 per cent commencing on the day the Town
incurs the costs and ending on the day the costs, including the interest, are
recovered in full;
(c)
Realizing on any security provided for this purpose; or,
(d)
Charging a prescribed Fee, where applicable, or as otherwise set
and approved by Council from time to time.
8.20 The amount of the Town's costs incurred pursuant to sections 8.16 to 8.18, including
interest at an interest rate of 15 percent commencing on the day the Town incurs the
costs and ending on the day the full costs including interest are recovered in full,
constitutes a lien on the land upon the registration in the Land Registry Office for
Bruce County (LRO#3) of a notice of lien.
Part 9: Offences And Penalties
Offences
9.1
Any Person who contravenes any provision of this By-law, or an Order issued
pursuant to this By-law, is guilty of an offence.
9.2
Every director or officer of the corporation who knowingly concurs in the
contravention of any provision of this By-law is guilty of an offence.
9.3
All contraventions of any provision of this By-law or an Order issued
pursuant to this By-law are designated as multiple offences and
continuing offences pursuant to section 429(2) and (5) of the Municipal
Act, 2001.
Penalties
Penalties - Minimum and Maximum
9.4
Upon conviction of an offence under this By-law, every Person may be liable to a
fine, as follows, and any such other penalties as provided for in this By-law, the
Municipal Act, 2001 and by the Provincial Offences Act, RSO 1990, c. P. 33:
(a)
a Person, other than a corporation, is liable for every day or part
thereof upon which such offence occurs or continues to a minimum
fine of $250.00 and a maximum fine of $25,000.00 for a first offence,
where the fine is not a set fine, and a minimum fine of $500.00 and a
maximum fine of $50,000.00 for a subsequent offence; and
(b)
a Person that is a corporation, is liable for every day or part
thereof upon which such offence occurs or continues to a
minimum fine of $500.00 and a maximum fine of $50,000.00 for a
first offence, where the fine is not a set fine, and a minimum fine
of $1,000.00 and a maximum fine of $100,000.00 for a
subsequent offence; and
(c)
in the case of multiple offences, for each offence included in the
multiple offence, a fine of not less than $500.00 and no more
than $10,000 and the total of all fines for each included offence is
not limited to $100,000.00.
Penalties - Continuing Offence
9.5
A Person who contravenes an Order made under this By-law, or an officer or
director of a corporation who knowingly concurs in such a contravention by the
corporation, is guilty of a continuing offence, and upon conviction is liable to a daily
fine or penalty to a fine not exceeding $1,500.00 for each day or part of a day that
the offence continues, and despite section 9.4, the total of all the daily fines
imposed for an offence is not limited by the fine amounts listed in those sections.
Penalties - Special Fines
9.6
A Person who is convicted of an offence under this By-law may be liable, in addition
to the fines established under sections 9.4 and 9.5, to a special fine, which may
exceed $100,000.00, designed to eliminate or reduce any economic advantage or
gain from contravening this By-law or failing to comply with an Order made under
this By-law.
Court Order - Additional Order To Discontinue Or Remedy - S.431
Municipal Act, 2001
9.7
Under section 431 of the Municipal Act, 2001, when a Person has been convicted of
an offence under this By-law, in addition to any other remedy and to any penalty
imposed by the By-law, the court in which the conviction has been entered and any
court of competent jurisdiction thereafter may make an order:
(a)
prohibiting the continuation or repetition of the offence by the Person
convicted; and
(b)
in the case of a by-law described in section 135 of the Municipal Act,
2001, requiring the Person convicted to correct the contravention in the
manner and within the period that the court considers appropriate.
9.8
Any costs payable or associated with an order of the court are in addition to, and
not in substitution for, the payment of any penalty imposed by the court for the
commission of an offence under this by-law or any other applicable legislation.
Administrative Monetary Penalty System
9.9
Each Person who contravenes any provision of this By-law shall, upon issuance
of a penalty notice in accordance with the Administrative Monetary Penalty
System By-law, be liable to pay the Town an Administrative Monetary Penalty.
Part 10: Miscellaneous Provisions
10.1
Schedule 1 shall form part of this By-law.
10.2 Council may impose fees and charges to recover its costs in relation to the
administration and enforcement of this By-law through the Fees and Charges By-law.
10.3 Should a court of competent jurisdiction declare a part or whole of any provision of
this By-law to be invalid or of no force and effect, then the particular provision or part
thereof is deemed severable from this by-law, and it is the intention of Council that
the remainder survive, and be applied and enforced in accordance with its remaining
terms to the extent possible under law.
10.4 References in this By-law to any legislation or by-law means as may be amended
or replaced from time to time and include any regulations thereunder.
10.5 Headings are inserted for ease of reference only and are not to be used as
interpretation aids.
10.6 This By-law shall come into force and effect on April 1, 2026.
Read and Finally Passed and Sealed this 27th day of October, 2025.
____________________________
___________________________
Luke Charbonneau, Mayor
Dawn Mittelholtz, Clerk
By signing this By-law on October 27, 2025, I, Mayor Luke Charbonneau, will not exercise the
power to veto this by-law pursuant to subsection 284.11 (4)(a).
_______________________
Luke Charbonneau, Mayor
Orginal Signed
Orginal Signed
Orginal Signed
The Corporation of The Town Of Saugeen Shores
Schedule 1 to By-law 96-2025
Urban Tree Conservation By-law
Replacement Tree Schedule
The number of Replacement Trees required or the Replacement Tree Fee to be paid in lieu
of the diameter at breast height (dbh) of the Tree that is Injured, Destroyed or removed. The
following table outlines the Replacement Tree ratio and the corresponding fee if
Replacement Trees cannot be accommodated.
Diameter at Breast Height (cm)
Replacement Tree Ratio - If
Replacement Tree(s) can be
accommodated
Replacement Tree Fee - If
Replacement Tree cannot be
accommodated
<10
Not Applicable
Not Applicable
10-20
1:1
$500 per tree
21-35
2:1
36-50
3:1
51-65
4:1
>65
5:1
NOTE: The calculation is based on Diameter at Breast Height (dbh) of a single Tree. If
more than one Tree is Injured, Destroyed or removed, the average dbh of up to ten (10)
trees, considered as one ecological unit, will determine the number of Replacement Trees
or the Replacement Tree Fee to be paid to the Tow